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Mass. General Laws c.149

Labor and industries

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§ 1 Definitions

§ 2 Enforcement of chapter

§ 3 Inspections and investigations

§ 4 Reports of diseases

§ 5 Investigations of industrial conditions; complaints; prosecutions

§ 6 Safety devices and means to prevent accidents and diseases generally; fees for structural painting

Amended by St.2018, c. 44, § 1, effective February 1, 2019

§ 6 1/2 Protection of employees consistent with federal Occupational Safety and Health Act; occupational health and safety hazard advisory board

Amended by St.2018, c. 44, § 2, effective February 1, 2019

§ 6A Monitoring, inspection and investigation of work involving asbestos

§ 6B License for business activities involving asbestos; fee

§ 6C Health and safety of general public and asbestos workers; rules and regulations

§ 6D Complaints by employees relating to asbestos; retaliation by employer

§ 6D 1/2 Employer required to reimburse Health Safety Net Trust Fund; retaliation by employer prohibited

§ 6E Violations of workplace standards relating to asbestos; cease and desist orders

§ 6F Penalties for violations of Secs. 6B to 6E

§ 6F 1/2 Action for temporary restraining order or injunction against violations of Secs. 6A to 6E; enforcement

§ 6G Release or waiver of damages caused by asbestos

§ 7 Committees for investigations and recommendation of regulations

§ 8 Notices and hearings before adoption of regulations and orders; effective dates

§ 9 Appeals; suspensions pending hearings; enforcement of orders; other remedies

§ 10 Entry of places of employment for investigations

§ 11 Reports by physicians generally

§ 11A Occupational lead registry; blood lead testing reports; regulations; enforcement

§ 12 Regulations prevailing over regulations of workmen's compensation insurer

§ 13 Violations of regulations or orders

§ 14 Annual reports of commissioner

§ 15 Inspection districts; assignment of inspectors

§ 16 Receipt of gift by inspector

§ 17 Entry of places of employment for examinations and investigations; access to records

§ 18 Duties of industrial health inspectors relative to minors

§ 18A Sanitary and safety conditions; tools; longshore and waterfront operations

§ 18B Confined spaces; ventilation; longshore and waterfront operations

§ 18C Power transmission equipment; longshore and waterfront operations

§ 18D Ropes, hooks and cranes; use and operation; longshore and waterfront operations

§ 18E Safety precautions in dangerous undertakings; longshore and waterfront operations

§ 18F Explosives; longshore and waterfront operations

§ 18G Industrial truck and internal combustion equipment; operation; construction of docks; longshore and waterfront operations

§ 18H Stop signals; longshore and waterfront operations

§ 18I Penalty for violation of Secs. 18A to 18H; longshore and waterfront operations

§ 19 Prevention of employment

§ 19A Copy of medical report for employee

§ 19B Lie detector tests; use as condition of employment; penalty; civil action

§ 19C Employment of aliens restricted; regulations; penalty

§ 20 Coercion of agreement not to join a labor organization

§ 20A Relief afforded by contract relative to membership in a labor or employer organization

§ 20B Liability for unlawful acts of officers, members or agents of an organization

§ 20C Definitions

§ 20D Solicitation, acceptance or payment of money to encourage or discourage formation or functioning of a labor organization

§ 20E Business combination transactions; labor contracts; definitions; remedies

§ 21 False notices or advertisement for help or employment

§ 22 Advertising for or soliciting employees during labor troubles; notice to employment agency; employment of children

§ 22A Professional strikebreakers; obstruction of picketing

§ 23 Filling place of employees; size of letters mentioning labor troubles; penalty

§ 23A Armed guards during labor troubles; qualifications; violation of statute

§ 23B Use of civil defense personnel in labor disputes

§ 24 Communications and conduct during labor disputes

§ 24A Dismissal or refusal to employ certain persons on account of age; penalty

§ 24B Contract provisions preventing employment of certain persons on account of age

§ 24C Investigation of complaints of discrimination; ascertainment of age of employees; examination and transcript of records

§ 24D Records of ages of employees; copy furnished to commissioner; violation of statute

§ 24E Hindering investigation of age discrimination; refusal of information

§ 24F Discharge of employee for furnishing evidence or testifying in connection with discrimination complaint; penalty

§ 24G Publication of name of employer found to be violation of provisions of Secs. 24A to 24J; summons to show cause; liability for damages

§ 24H Appeal from decision of commissioner

§ 24I Inapplicability of Secs. 24A to 24J to farm laborers

§ 24J Severability of Secs. 24A to 24I

§ 24L Massachusetts Noncompetition Agreement Act

§ 25 Lodging, board and trade of public employees; statute part of employment contract

§ 26 Public works; preference to veterans and citizens; wages

§ 27 List of jobs; classification; schedule of wages; penalty; civil action

§ 27A Appeals from classifications and wage determinations

§ 27B Records of employees; payroll records; statements of compliance

§ 27C Penalties for violations of certain sections by employers, contractors, subcontractors or their employees

§ 27D ''Construction'' and ''constructed'' defined

§ 27E Employment of residents in highway districts

§ 27F Wages of operators of rented equipment; agreements; penalty; civil action

§ 27G Wages of employees of moving contractors; contracts; injunctive relief; damages

§ 27H Wages of employees of maintenance or cleaning contractors; contracts; civil action

§ 28 Right of action against city or town for labor; filing statement; fee; limitations

§ 29 Bonds for payment for labor, materials, rentals or transportation charges; enforcement of claim; notice of claim; speedy trial, appeal, consolidation; dismissal; legal fees; posting statute

§ 29A Enforcement of surety bonds by persons furnishing labor or materials on private building projects

§ 29B Waiver or cancellation of payment bond

§ 29C Indemnification as part of contract

§ 29D Surety company; bonds

§ 29E Construction contracts; reasonable time periods for periodic progress payments and increases in contract price; payment conditioned upon receipt of payment from third party; requirement to continue performance of construction without payment

§ 29F Payment of retainage in private construction projects

§ 30 Eight hour day and six day week; emergencies; work on highways

§ 30A Tours of duty and hours of work of state employees; regulations

Amended by St.2022, c.144, § 68, effective March 1, 2023

§ 30B Overtime of state employees; regulations

Amended by St.2022, c.144, § 69, effective March 1, 2023

§ 30C Work week of uniformed members of state police; overtime service; compensation; rules and regulations

§ 31 Eight hour day for towns and public works for towns; emergencies; acceptance of statute relating to employees of commonwealth

§ 32 Scope of words ''laborers, workmen and mechanics'' and ''requiring''

§ 33 Hours of labor to make up Saturday half holiday

§ 33A Five day and forty hour week for cities and towns; emergencies; overtime; reduction of compensation

§ 33B Five day week and eight hour day for cities and towns; overtime; reduction of compensation

§ 33C City and town employees; overtime; effective date

§ 33D Blood donations; leave of absence without loss of pay

§ 33E Leave of absence to serve as organ donor; state, county and certain municipal employees

§ 34 Public contracts; stipulation as to hours and days of work; void contracts

§ 34A Contracts for public works; workers' compensation insurance; breach of contract; enforcement and violation of statute

§ 34B Contracts for public works; wages for reserve police officer

§ 34C Application of Secs. 30, 34 and 35

§ 35 Violation of Sec. 30, 31 or 34

§ 36 Nonapplicability of eight hour day and six day week statutes

§ 37 Nine hour day for towns

§ 38 Annual vacation for employees of commonwealth

§ 39 Hours of labor in institutions; employees with less hours under other statutes; emergencies

§ 41 Saturday half holiday for commonwealth

§ 42 Work by employees of commonwealth on day work basis

§ 43 Nondiscrimination

§ 44 Service by veterans on Memorial Day

Amended by St.2021, c.39, § 116, August 5, 2021

§ 44 1/2 Termination of employment for veterans following return from overseas duty

§ 44 3/4 Preference in promoting or hiring veteran, spouse of honorably discharged disabled veteran or surviving spouse of veteran

§ 44A Definitions applicable to Secs. 44A to 44H; competitive bids; award; bonds; extreme emergency situations; records contracts not subjected to competitive bid process

§ 44A 1/2 Fair competition for bidders on construction

§ 44B Plans and specifications; bid deposits

§ 44C Suspension or debarment of contractors

§ 44D Submission of bid or offer; application for certification

§ 44D 1/2 General contractor bids; prequalification procedures

§ 44D 3/4 Subcontractor sub-bids; prequalification procedures

§ 44E Filing of bids; forms; modular buildings

§ 44E 1/2 Renovation and repair of state house and historic Suffolk County courthouse; solicitation of bids; evaluation of bids; contract award; payment and performance bonds

§ 44F Plans and specifications; sub-bids; form; contents

§ 44G Allowances; alternates; weather protection devices

§ 44H Enforcement

§ 44I Severability of Secs. 44A to 44H

§ 44J Invitations to bid; notice; contents; violations; penalty

§ 44M Energy systems; life-cycle cost estimates

§ 45 Work on holidays

§ 46 Work for time lost by holidays

§ 47 Sunday work without a day off

§ 48 One day of rest in seven; operation of business on Sunday; violations

§ 49 Establishments not subject to Sunday work and rest days; railroads or railways

§ 50 Work not subject to Sunday work and rest days

§ 50A One day of rest in seven for watchmen and employees maintaining fires, violations

§ 51 Posting list of employees working on Sunday; work on days of rest

§ 51A Exemption for special circumstances; days of rest and Sunday business

§ 52 Time books; violation of statute

§ 52A 1/2 Veterans; participation in Veterans or Memorial Day exercise; leave of absence granted; exceptions

Amended by St.2018, c. 218, § 32, effective November 7, 2018

§ 52B Employment applications; volunteer work as experience

§ 52C Personnel records; review by employee; corrections; penalty

§ 52D Family and medical leave; enforcement

§ 52E Leave from work when employee or family member of employee has been victim of abusive behavior

§ 54 Core rooms where workers employed; investigations; regulations; violations

§ 56 Minors; restrictions on hours of work; posting notices; making up time lost by stoppage of machinery; employment by shifts; minors employed on farms

§ 57 Employment in violation of statute

§ 58 Elevator operators; minors

§ 60 Children under sixteen in general; school hours; night work; plays or musical comedies; fashion shows; hospitals

§ 61 Minors under sixteen; particular employments

§ 62 Minors under eighteen

§ 62A Employment of vocational agricultural students

§ 63 Dangerous or injurious employment of minors; hearing and determination

§ 64 Employment of minors where liquor sold; taking or sending minors to immoral places

§ 65 Hours and days of, and time for, work of minors under sixteen; time in continuation school or courses of instruction

§ 66 Time of work for children; exceptions

§ 67 Days and hours of work for boys or girls under eighteen

§ 68 Time for work of minor messengers

§ 69 Children as newspaper vendors; restrictions; penalty

§ 70 Minors under sixteen as vendors and bootblacks, scavengers or other trade in street or public places; charge for badge for employment

§ 71 Issuance of badges to minors; proof of age; grounds for refusal to issue

§ 72 Badges; wearing; transfer; exhibition; regulations for issuing

§ 73 Time for work of minors under sixteen engaged as vendors, bootblacks, scavengers or in any other trade in streets or public places

§ 74 Posting of notice of hours of work of minor; employment at other times; changing terms

§ 75 Forms of notice furnished by attorney general

§ 76 Inspectors; duties; prosecutions

§ 77 Enforcement of statutes; supervisors of attendance; appointment; powers

§ 78 Employment of, and permitting work by, minors contrary to statutes; reports of violations

§ 78A Written warnings and civil citations; appeal; penalties; criminal complaint

§ 79 Hindering inspectors, supervisors of attendance or department representatives; refusal of admittance or to give information

§ 80 Furnishing minors with articles for sale in, and encouragement of, violation of statutes

§ 81 Compelling or permitting minor to work in violation of statute; certification of false statement

§ 82 Violation of statutes by persons issuing badges or enforcing statutes

§ 83 Violation of statutes by minors; revocation of badge; refusal to surrender; working after revocation

§ 84 Service of summons or warrants

§ 85 Nonapplicability of Secs. 60 to 83

§ 86 Employment of children with permit; particular employments; filing, accessibility and return of, and failure to return, permit; list of employed children

§ 87 Employment permits in general; approval; return of evidence of age; certificate by town clerk; notice of child's violation of statute

§ 88 School record for employment permit; educational qualification; necessary school attendance

§ 89 Employment permits; contents; signatures; fee; duplicate; records; papers furnished by department; explanatory matter

§ 90 Employment of child under sixteen in violation of statute; penalties; forged evidence of age or birth; certification of false statements in, and alteration of, permit

§ 91 Cessation of employment for non-attendance of continuation school; violation of statute

§ 92 Visiting to ascertain employment of children; reporting illegal employment; complaint; violation of statute

§ 93 Employment contrary to statute; taking minor to school; reporting evidence to court or justice; complaint; violation of statute

§ 94 Employment permits, educational certificates and lists of employed minors produced for inspection; evidence of illegal employment

§ 95 Minors 16 years or older who have not completed requirements for sixth grade; attendance at school

§ 95A Work-study program exception to permit for employment requirement; exceptions

§ 96 Manual training and industrial education; effect of statutes

§ 100 Hours of work without interval for meal; duration; violation of statute

§ 101 Nonapplicability of statute relating to mealtimes and intervals for meals

§ 102 Labor during mealtime without knowledge of employer

§ 103 Seats for employees; violation of statute

§ 104 Children participants in public exhibitions; violation of statute

§ 105 License for theatrical exhibitions or shows in which children are employed

§ 105A Discrimination in payment of wages on basis of sex of employee prohibited; damages; actions in general; assignment of claim; limitations

§ 105B Violation of Secs. 105A to 105C; discharge or discrimination because of complaint, proceedings or testimony; penalties

§ 105C Entry of premises, and investigation to determine compliance with Secs. 105A to 105C

§ 105D Parental leave; rights and benefits

§ 106 Drinking water; violation of statute; coverage of term ''industrial establishments''

§ 107 Water for humidifying purposes; violation of statute

§ 108 Thermometers for humidity and temperature; regulations; place; reading; record

§ 109 Nonapplicability of statute relating to thermometers; hygrometers; psychrometers; records

§ 110 Relative humidity limits

§ 111 Sources of water for humidifying purposes; clean air ducts

§ 112 Failure to comply with Secs. 108 to 111; penalty

§ 113 Light, ventilation, cleanliness, sanitation and heat in establishments

§ 114 Investigations and suggestions relative to eyes and vision

§ 115 Devices and means to prevent injury to eyes; order; compliance; violation of statute

§ 116 Investigations as to light; notice to change; failure to comply with order

Amended by St.2021, c.39, § 117, August 5, 2021

§ 117 Ventilation

§ 118 Means to diminish inhalation of dust

§ 119 Hoods or hoppers and suction pipes for emery or buffing wheels or belts

§ 120 Form and place of hoods or hoppers; size and speed of blowers; approval by attorney general

§ 121 Nonapplicability of statutes relating to emery and buffing machinery

§ 122 Violation of statutes relating to ventilation, dust and emery and buffing machinery

§ 123 Inspections relative to apparatus for emery and buffing machinery; complaint; prosecution

§ 124 Communication between engineer's room and machinery room

§ 125 Violation of statute relating to communication

§ 126 Fastening doors during business hours; violation of statute

§ 127 Guards for, and cleaning of, machinery; disconnection and removal of safety devices

§ 128 Traversing carriage of a self-acting mule traveling close to fixed structure

§ 129 Safeguards for hoistways, hatchways and well holes; closing trapdoors

§ 129A Shoring trenches for local governments; graves excepted

§ 129B Stilts; penalty for requiring or knowingly permitting use in construction

§ 129C Installation or repair of live electric wires or electrical equipment; assistance; safety equipment; penalty

§ 129D Riding in man-basket carried by hoisting machinery for bungee jumping or other approved activity

Amended by St.2021, c.39, § 118, August 5, 2021

§ 130 Explosives or inflammable materials; storage and use near egress

§ 131 Guards for loom shuttles; violation of statute

§ 132 Suction shuttles; shuttle or thread touching lips; violation of statute

§ 133 Water closets, toilets and washing facilities; regulations; definitions of ''industrial establishments'' and ''railroad establishments''

§ 134 Necessary changes; action for proportion of expense

§ 135 Prosecutions; necessity of neglect to make changes; notice; liability of corporate officer

§ 136 Violation of public health laws; notice to town board of health; enforcement

§ 137 Foundry toilet rooms and water closets; failure to comply with statute

§ 138 Injuring toilet appliances

§ 139 Lockers and clothes receptacles of employees; violation of statute

§ 141 Medical and surgical chests; accommodations for treatment of injured or ill persons; facilities for heating food; violation of statute

§ 141A Lifting heavy objects in textile factories

§ 142 Sanitary material for cleaning printing presses

§ 142A Marked receptacles for benzol, carbon tetrachloride or other substances hazardous to health

§ 142B Marked receptacles for materials containing benzol, carbon tetrachloride or other substances hazardous to health

§ 142C Markings; clear and conspicuous; size; place

§ 142D Receptacles exempt from marking requirements

§ 142E Reports concerning material hazardous to health

§ 142F Violation of Secs. 142A to 142C; failure to mark receptacles; removal or defacement of marks; penalty

§ 142G Enforcement of statutes and regulations

§ 143 Definitions applicable to Secs. 143 to 144H

§ 143A Protection from undue competition and of health and well-being of workers

§ 144 Unlawful industrial homework

§ 145 Investigation of industries; order declaring industrial homework unlawful

§ 146 Hearing preceding order; notice; place; effective date of order

§ 146A Distribution of materials and articles; necessity of place of employment in commonwealth

§ 147 Employer's permit; person to whom materials or articles may be delivered; effect of strike; payment of fees into treasury

§ 147A Homeworker's certificate; place of work; work performed by others; qualifications of applicant and home; strike against employer

§ 147B Employer's name and address affixed to articles or container of goods delivered for homework

§ 147C Work in violation of statutes; removal, retention and disposition of articles; notice

§ 147D Record of homeworkers and work

§ 147E Regulations; violations; inspections and investigations

§ 147F Attendance of witnesses and production of books and papers; summons and court order; fees; oaths; depositions

§ 147G Additional penalties

§ 147H Educational and philanthropic organizations; homework performed under supervision of commission for the blind

§ 148 Payment of wages; commissions; exemption by contract; persons deemed employers; provision for cashing check or draft; violation of statute

§ 148A Employees seeking rights under provisions of this chapter; discharge or discrimination; punishment

§ 148B Persons performing service not authorized under this chapter deemed employees; exception

§ 148C Earned sick time

§ 148D Earned sick time outreach program

§ 149 Summons and warrant for violations of Sec. 148

§ 150 Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action

§ 150A Notification of deductions

§ 150B Fees or assessments other than those chargeable under union constitution and by-laws

§ 150C Improper expenditure of withholdings or deductions from wages; penalties

§ 151 Payment on pay day before close of working hours

§ 152 Deductions for coming late to work

§ 152A Service charges and tips; tip pools; penalties

Amended by St.2020, c.358, § 77, effective January 14, 2021

§ 153 Grading work of weavers; imperfections affecting wages; conditions precedent to fines

§ 154 Employer's fine upon weaver for imperfections; violations of statutes

§ 155 Specifications as to work and wages for weavers, frame tenders, warpers, web drawers and operatives paid by the pound

§ 156 Specifications and tickets; posting and attaching; contents; pick clocks; excess of maximum lengths; violation of statute

§ 157 Violation of Sec. 155; interference with inspectors

§ 157A Employees paid by piece; tickets stating basis of remuneration; posting statement of amount of pay earned

§ 158 Stopped machinery; deductions from wages; making up lost time; penalty

§ 158A Work without compensation

§ 159 Discharge of employee without notice

§ 159B Reimbursement of expenses for medical examinations

§ 159C Staffing agencies; notice of information concerning employee's assignment; fees prohibited; transportation services; prohibited activities by staffing

§ 173 Destruction or sale of records and papers

§ 175 Bells, whistles and gongs

§ 176 Non-resident as special police officer

§ 177 Police assistance in protecting property; non-residents assisting with arms; liability in damages

§ 177A Contract exempting employer from liability to employee

§ 177B Volunteer firefighters and emergency medical technicians; responding to emergencies; discharge from other employment

§ 178 Leave of absence from work for voting

§ 178A Payment of wages of intestate employee; officer or employee of commonwealth or subdivision

§ 178B Deductions from salary for certain financial institutions; credit union bonds; withdrawal of authorization by employee; attachment or execution; pension money paid to credit unions; authorization

§ 178C Sum owed estate of officer or employee of political subdivisions paid to husband, widow or next of kin

§ 178E Group insurance; disposition of dividends

§ 178O Group insurance termination; notice of date to employee

§ 179 Placards posted to inform employees

§ 179A Preference to citizens in awarding public work contracts; violations

§ 179B Notice to commissioner of commencement or change of location of business; violations

§ 179C Collective bargaining agreements; successor clauses

§ 180 Violation of chapter provisions with no specific penalty

§ 180A Violation of closing laws

§ 181 Retirement or health and welfare funds; failure of employer to make payments

§ 182 Standards of corporate behavior; companies financed with assistance of quasi-public agencies

§ 183 Severance pay upon termination following transfer of control of employer; definitions

§ 184 Severance pay following transfer of control or attempted transfer of control of registered corporation; definitions

§ 185 Retaliation against employees reporting violations of law or risks to public health, safety or environment; remedies

Amended by St.2021, c.8, §§ 75-76, effective June 24, 2021

§ 186 Broadcasting industry; noncompete agreements

§ 187 Health care providers; protection from retaliatory action by health care facilities

Amended by St.2022, c.144, § 70, effective March 1, 2023

§ 189 Employer medical assistance contribution

Amended by St.2017, c. 63, §§ 3-8 effective July 1, 2017 and December 31, 2019

§ 189A Employer contribution for employees receiving health insurance coverage through division of medical assistance or subsidized insurance through health insurance connector authority; request for hearing on liability determination

Added by St.2017, c. 63, § 9 effective July 1, 2017 and January 1, 2018

§ 190 Rights relating to pay and other terms or conditions of employment for domestic workers

§ 191 Conduct constituting unlawful discriminatory practice against domestic workers; enforcement

§ 192 Definitions applicable to Secs. 193 to 203 relating to professional employer agreements