Massachusetts Employment Contract Template

A Massachusetts employment contract is a written agreement between an employer and an employee. It outlines job responsibilities, wages, benefits, and termination terms. Unless otherwise stated, employment in Massachusetts is generally at-will.

• At-will employment: Employment is at-will unless modified by contract or law. Exceptions apply for discrimination, retaliation, or implied agreements.
• Minimum wage: $15.00/hour as of Jan. 1, 2023. Tipped employees must earn at least $6.75/hour in direct wages plus tips to reach $15/hour.
• Overtime: Non-exempt employees must receive 1.5× their regular rate after 40 hours/week. Certain exemptions apply (e.g., agricultural workers after 60 hrs).
• Meal/rest breaks: Employees working more than 6 consecutive hours must receive a 30-minute unpaid meal break. Breaks under 20 minutes must be paid.
• Paid leave: Under the Paid Family and Medical Leave (PFML) program, most workers are entitled to up to 26 weeks of job-protected paid leave for family, medical, or bonding needs. Massachusetts also mandates sick time accrual (1 hour per 30 worked, up to 40 hours/year).
• Pay frequency: Wages must be paid weekly or biweekly unless the employer has approval for less frequent payments.
• Final pay: All wages must be paid in full on the day of discharge; for voluntary resignations, wages are due by the next regular payday.
• Child labor: Minimum work age is 14. Workers under 16 need an employment permit and face limits on hours and prohibited occupations. Minors under 18 cannot work in hazardous jobs.
• Non-competes: The 2018 Non-Compete Act restricts enforceability. Agreements must be reasonable, supported by “garden leave” pay or similar, and must be limited to 12 months post-employment in most cases.
• E-signatures: Massachusetts recognizes electronic records and signatures under the Uniform Electronic Transactions Act.
• Recordkeeping: Employers must keep payroll and personnel records (wages, hours, benefits, job applications) for at least 3 years.

Writing a Massachusetts employment contract is simple:

1. Start with essentials: Include employer/employee names, job title, and start date. Massachusetts requires written notice of wage rates, pay frequency, and leave policies.
2. Define job duties and schedule: Clarify role, supervisor, and hours. Ensure compliance with overtime eligibility rules.
3. Set pay and frequency: State the wage or salary and payment schedule. Reflect the state’s $15/hour minimum wage and tipped worker requirements.
4. Add leave entitlements: Detail paid sick time and PFML benefits. Clarify any additional PTO, vacation, or holidays offered.
5. Breaks and meal periods: Include the mandatory 30-minute meal break for shifts over 6 hours, and any additional company-provided breaks.
6. Protect business interests: Add confidentiality and intellectual property terms. Non-competes must follow Massachusetts’ strict limits to be enforceable.
7. Termination terms: Confirm at-will status unless restricted. Specify any notice or severance policies. Ensure compliance with immediate payment rules upon discharge.
8. Governing law and signatures: State that Massachusetts law governs the contract. Confirm electronic signatures are valid.