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The 191st General Court of the Commonwealth of Massachusetts

Section 16: Retail stores and shops; Sunday and holiday opening

Section 16. All stores and shops which sell goods at retail may be open at any time on Sundays and on Memorial Day, July Fourth and Labor Day, but no such stores and shops may be open on Christmas Day if Christmas occurs on a Sunday. The performance of labor, business and work directly connected to retail sales on these days shall also be allowed. Stores and shops allowed to open under this section may sell on these days all types of goods and foodstuffs which may lawfully be offered for sale in the commonwealth other than alcoholic beverages. To the extent that this section is inconsistent with section 6 or any other general or special law, this section shall control.

[Second paragraph effective until January 1, 2023. For text effective January 1, 2023, see below.]

Any store or shop that qualifies for exemption under clause (25), (27) or (50) of section 6 and employs more than 7 persons, including the proprietor, shall compensate all its employees, except bona fide executive, administrative or professional employees earning more than $200 per week, at a rate specified under clause (50) of section 6 of this chapter for work performed on Memorial Day, July Fourth or Labor Day; provided, however, that no employee shall be required to perform such work, and an employee's refusal to work for any retail establishment on a holiday shall not be grounds for discrimination, dismissal, discharge, reduction in hours or any other penalty. The terms ''Memorial Day,'' ''July Fourth'' and ''Labor Day'' shall mean the legal holidays on which said days are celebrated in accordance with clause eighteen of section seven of chapter four of the General Laws.

[Second paragraph as amended by 2018, 121, Sec. 16 effective January 1, 2023. See 2018, 121, Sec. 36. For text effective until January 1, 2023, see above.]

Any store or shop that qualifies for exemption under clause (25), (27) or (50) of section 6 and employs more than 7 persons, including the proprietor, shall not require any employee to perform such work, and an employee's refusal to work for any retail establishment on a holiday shall not be grounds for discrimination, dismissal, discharge, reduction in hours or any other penalty. The terms ''Memorial Day,'' ''July Fourth'' and ''Labor Day'' shall mean the legal holidays on which said days are celebrated in accordance with clause eighteen of section seven of chapter four of the General Laws.