Columbus and Veteran's Day Permits for Holiday Openings
To: All Massachusetts Chiefs of Police
The Police Commissioner of the City of Boston
From: Laura M. Marlin, Commissioner
Division of Occupational Safety, Department of Labor
Date: August 24, 2009
Re: Permits for Holiday Openings - Approved
Columbus Day – (before 12:00 P.M.) - October 12, 2009
Veterans’ Day - (before 1:00 P.M.) - November 11, 2009
The Department of Labor must approve all local permits for retail stores and businesses to open on certain holidays, including Columbus Day before 12:00 P.M. and Veterans’ Day before 1:00 P.M. Any business may open on Columbus Day after 12:00 P.M. or on Veterans’ Day after 1:00 P.M. without a permit. Permits must be approved by the Department on a uniform basis statewide. See Massachusetts General Laws Chapter 136, §§ 6(50), 7, 13, 15.
Provided there has been a statewide approval by the Department of Labor, the police chief in each city and town in the Commonwealth has the discretion to issue a permit for businesses located in that municipality to open for business prior to the times specified in the General Laws, namely 12:00 P.M. on Columbus Day or 1:00 P.M. on Veterans’ Day. Pursuant to the General Laws, chiefs are not required to grant permits for these holidays. In granting permits, chiefs may also impose reasonable terms and conditions appropriate to the nature of the business and the good of the community, at their discretion.
Please be advised that the Department of Labor hereby approves, on a statewide basis, all permits issued by local police chiefs for openings by establishments prior to 12:00 P.M. on Columbus Day, October 12, 2009, and prior to 1:00 P.M. on Veterans’ Day, November 11, 2009.
Pursuant to Chapter 136, § 13, any retail establishment which operates on Columbus Day or the Veterans’ Day holiday must compensate employees who work on the holiday with time and one-half pay,and “such work shall be voluntary and refusal to work… shall not be grounds for discrimination,dismissal, discharge, reduction in hours, or any other penalty.”
For further information please download our Blue Laws Guide from our website at www.mass.gov/dos/bluelaw .