Chapter 149

---

Chapter 149: LABOR AND INDUSTRIES

• Section 1 Definitions
• Section 2 Enforcement of chapter
• Section 3 Inspections and investigations
• Section 4 Reports of diseases
• Section 5 Investigations of industrial conditions; complaints; prosecutions
• Section 6 Safety devices and means to prevent accidents and diseases generally; fees for structural painting
• Section 6 1/2 Protection of employees consistent with federal Occupational Safety and Health Act; occupational health and safety hazard advisory board
• Section 6A Monitoring, inspection and investigation of work involving asbestos
• Section 6B License for business activities involving asbestos; fee
• Section 6C Health and safety of general public and asbestos workers; rules and regulations
• Section 6D Complaints by employees relating to asbestos; retaliation by employer
• Section 6D 1/2 Employer required to reimburse Health Safety Net Trust Fund; retaliation by employer prohibited
• Section 6E Violations of workplace standards relating to asbestos; cease and desist orders
• Section 6F Penalties for violations of Secs. 6B to 6E
• Section 6F 1/2 Action for temporary restraining order or injunction against violations of Secs. 6A to 6E; enforcement
• Section 6G Release or waiver of damages caused by asbestos
• Section 7 Committees for investigations and recommendation of regulations
• Section 8 Notices and hearings before adoption of regulations and orders; effective dates
• Section 9 Appeals; suspensions pending hearings; enforcement of orders; other remedies
• Section 10 Entry of places of employment for investigations
• Section 11 Reports by physicians generally
• Section 11A Occupational lead registry; blood lead testing reports; regulations; enforcement
• Section 12 Regulations prevailing over regulations of workmen's compensation insurer
• Section 13 Violations of regulations or orders
• Section 14 Annual reports of commissioner
• Section 15 Inspection districts; assignment of inspectors
• Section 16 Receipt of gift by inspector
• Section 17 Entry of places of employment for examinations and investigations; access to records
• Section 18 Duties of industrial health inspectors relative to minors
• Section 18A Sanitary and safety conditions; tools; longshore and waterfront operations
• Section 18B Confined spaces; ventilation; longshore and waterfront operations
• Section 18C Power transmission equipment; longshore and waterfront operations
• Section 18D Ropes, hooks and cranes; use and operation; longshore and waterfront operations
• Section 18E Safety precautions in dangerous undertakings; longshore and waterfront operations
• Section 18F Explosives; longshore and waterfront operations
• Section 18G Industrial truck and internal combustion equipment; operation; construction of docks; longshore and waterfront operations
• Section 18H Stop signals; longshore and waterfront operations
• Section 18I Penalty for violation of Secs. 18A to 18H; longshore and waterfront operations
• Section 19 Prevention of employment
• Section 19A Copy of medical report for employee
• Section 19B Lie detector tests; use as condition of employment; penalty; civil action
• Section 19C Employment of aliens restricted; regulations; penalty
• Section 20 Coercion of agreement not to join a labor organization
• Section 20A Relief afforded by contract relative to membership in a labor or employer organization
• Section 20B Liability for unlawful acts of officers, members or agents of an organization
• Section 20C Definitions
• Section 20D Solicitation, acceptance or payment of money to encourage or discourage formation or functioning of a labor organization
• Section 20E Business combination transactions; labor contracts; definitions; remedies
• Section 21 False notices or advertisement for help or employment
• Section 22 Advertising for or soliciting employees during labor troubles; notice to employment agency; employment of children
• Section 22A Professional strikebreakers; obstruction of picketing
• Section 23 Filling place of employees; size of letters mentioning labor troubles; penalty
• Section 23A Armed guards during labor troubles; qualifications; violation of statute
• Section 23B Use of civil defense personnel in labor disputes
• Section 24 Communications and conduct during labor disputes
• Section 24A Dismissal or refusal to employ certain persons on account of age; penalty
• Section 24B Contract provisions preventing employment of certain persons on account of age
• Section 24C Investigation of complaints of discrimination; ascertainment of age of employees; examination and transcript of records
• Section 24D Records of ages of employees; copy furnished to commissioner; violation of statute
• Section 24E Hindering investigation of age discrimination; refusal of information
• Section 24F Discharge of employee for furnishing evidence or testifying in connection with discrimination complaint; penalty
• Section 24G Publication of name of employer found to be violation of provisions of Secs. 24A to 24J; summons to show cause; liability for damages
• Section 24H Appeal from decision of commissioner
• Section 24I Inapplicability of Secs. 24A to 24J to farm laborers
• Section 24J Severability of Secs. 24A to 24I
• Section 24K Repealed, 1983, 533, Sec. 1
• Section 24L Massachusetts Noncompetition Agreement Act
• Section 25 Lodging, board and trade of public employees; statute part of employment contract
• Section 26 Public works; preference to veterans and citizens; wages
• Section 27 List of jobs; classification; schedule of wages; penalty; civil action
• Section 27A Appeals from classifications and wage determinations
• Section 27B Records of employees; payroll records; statements of compliance
• Section 27C Penalties for violations of certain sections by employers, contractors, subcontractors or their employees
• Section 27D ''Construction'' and ''constructed'' defined
• Section 27E Employment of residents in highway districts
• Section 27F Wages of operators of rented equipment; agreements; penalty; civil action
• Section 27G Wages of employees of moving contractors; contracts; injunctive relief; damages
• Section 27H Wages of employees of maintenance or cleaning contractors; contracts; civil action
• Section 28 Right of action against city or town for labor; filing statement; fee; limitations
• Section 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
• Section 29A Enforcement of surety bonds by persons furnishing labor or materials on private building projects
• Section 29B Waiver or cancellation of payment bond
• Section 29C Indemnification as part of contract
• Section 29D Surety company; bonds
• Section 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
• Section 29F Payment of retainage in private construction projects
• Section 30 Eight hour day and six day week; emergencies; work on highways
• Section 30A Tours of duty and hours of work of state employees; regulations
• Section 30B Overtime of state employees; regulations
• Section 30C Work week of uniformed members of state police; overtime service; compensation; rules and regulations
• Section 31 Eight hour day for towns and public works for towns; emergencies; acceptance of statute relating to employees of commonwealth
• Section 32 Scope of words ''laborers, workmen and mechanics'' and ''requiring''
• Section 33 Hours of labor to make up Saturday half holiday
• Section 33A Five day and forty hour week for cities and towns; emergencies; overtime; reduction of compensation
• Section 33B Five day week and eight hour day for cities and towns; overtime; reduction of compensation
• Section 33C City and town employees; overtime; effective date
• Section 33D Blood donations; leave of absence without loss of pay
• Section 33E Leave of absence to serve as organ donor; state, county and certain municipal employees
• Section 34 Public contracts; stipulation as to hours and days of work; void contracts
• Section 34A Contracts for public works; workers' compensation insurance; breach of contract; enforcement and violation of statute
• Section 34B Contracts for public works; wages for reserve police officer
• Section 34C Application of Secs. 30, 34 and 35
• Section 35 Violation of Sec. 30, 31 or 34
• Section 36 Nonapplicability of eight hour day and six day week statutes
• Section 37 Nine hour day for towns
• Section 38 Annual vacation for employees of commonwealth
• Section 39 Hours of labor in institutions; employees with less hours under other statutes; emergencies
• Section 40 Repealed, 1954, 632, Sec. 2
• Section 41 Saturday half holiday for commonwealth
• Section 42 Work by employees of commonwealth on day work basis
• Section 43 Nondiscrimination
• Section 44 Service by veterans on Memorial Day
• Section 44 1/2 Termination of employment for veterans following return from overseas duty
• Section 44 3/4 Preference in promoting or hiring veteran, spouse of honorably discharged veteran with a disability or surviving spouse of veteran
• Section 44A Definitions applicable to Secs. 44A to 44H; competitive bids on construction, etc., of public works; award; bonds; extreme emergency situations; records contracts not subjected to competitive bid process
• Section 44A 1/2 Fair competition for bidders on construction
• Section 44B Plans and specifications; bid deposits
• Section 44C Suspension or debarment of contractors
• Section 44D Submission of bid or offer; application for certification
• Section 44D 3/4 Subcontractor sub-bids; prequalification procedures
• Section 44E Filing of bids; forms; modular buildings
• Section 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
• Section 44F Plans and specifications; sub-bids; form; contents
• Section 44G Allowances; alternates; weather protection devices
• Section 44H Enforcement
• Section 44I Severability of Secs. 44A to 44H
• Section 44J Invitations to bid; notice; contents; violations; penalty
• Section 44K, 44L Repealed, 1980, 579, Sec. 55
• Section 44M Energy systems; life-cycle cost estimates
• Section 44D1/2 General contractor bids; prequalification procedures
• Section 45 Work on holidays
• Section 46 Work for time lost by holidays
• Section 47 Sunday work without a day off
• Section 48 One day of rest in seven; operation of business on Sunday; violations
• Section 49 Establishments not subject to Sunday work and rest days; railroads or railways
• Section 50 Work not subject to Sunday work and rest days
• Section 50A One day of rest in seven for watchmen and employees maintaining fires, violations
• Section 51 Posting list of employees working on Sunday; work on days of rest
• Section 51A Exemption for special circumstances; days of rest and Sunday business
• Section 51B Repealed, 1985, 572, Sec. 6
• Section 52 Time books; violation of statute
• Section 52 A1/2 Veterans; participation in Memorial Day exercise and observance of Veterans Day; leave of absence granted; exceptions
• Section 52A Repealed, 2014, 307, Sec. 89
• Section 52B Employment applications; volunteer work as experience
• Section 52C Personnel records; review by employee; corrections; penalty
• Section 52D Family and medical leave; enforcement
• Section 52E Leave from work when employee or family member of employee has been victim of abusive behavior
• Section 53, 53A Repealed, 1980, 131, Sec. 2
• Section 54 Core rooms where workers employed; investigations; regulations; violations
• Section 55 Repealed, 1974, 345
• Section 56 Minors; restrictions on hours of work; posting notices; making up time lost by stoppage of machinery; employment by shifts; minors employed on farms
• Section 57 Employment in violation of statute
• Section 58 Elevator operators; minors
• Section 59 Repealed, 1974, 371, Sec. 1
• Section 60 Children under sixteen in general; school hours; night work; plays or musical comedies; fashion shows; hospitals
• Section 61 Minors under sixteen; particular employments
• Section 62 Minors under eighteen
• Section 62A Employment of vocational agricultural students
• Section 63 Dangerous or injurious employment of minors; hearing and determination
• Section 64 Employment of minors where liquor sold; taking or sending minors to immoral places
• Section 65 Hours and days of, and time for, work of minors under sixteen; time in continuation school or courses of instruction
• Section 66 Time of work for children; exceptions
• Section 67 Days and hours of work for boys or girls under eighteen
• Section 68 Time for work of minor messengers
• Section 69 Children as newspaper vendors; restrictions; penalty
• Section 70 Minors under sixteen as vendors and bootblacks, scavengers or other trade in street or public places; charge for badge for employment
• Section 71 Issuance of badges to minors; proof of age; grounds for refusal to issue
• Section 72 Badges; wearing; transfer; exhibition; regulations for issuing
• Section 73 Time for work of minors under sixteen engaged as vendors, bootblacks, scavengers or in any other trade in streets or public places
• Section 74 Posting of notice of hours of work of minor; employment at other times; changing terms
• Section 75 Forms of notice furnished by attorney general
• Section 76 Inspectors; duties; prosecutions
• Section 77 Enforcement of statutes; supervisors of attendance; appointment; powers
• Section 78 Employment of, and permitting work by, minors contrary to statutes; reports of violations
• Section 78A Written warnings and civil citations; appeal; penalties; criminal complaint
• Section 79 Hindering inspectors, supervisors of attendance or department representatives; refusal of admittance or to give information
• Section 80 Furnishing minors with articles for sale in, and encouragement of, violation of statutes
• Section 81 Compelling or permitting minor to work in violation of statute; certification of false statement
• Section 82 Violation of statutes by persons issuing badges or enforcing statutes
• Section 83 Violation of statutes by minors; revocation of badge; refusal to surrender; working after revocation
• Section 84 Service of summons or warrants
• Section 85 Nonapplicability of Secs. 60 to 83
• Section 86 Employment of children with permit; particular employments; filing, accessibility and return of, and failure to return, permit; list of employed children
• Section 87 Employment permits in general; approval; return of evidence of age; certificate by town clerk; notice of child's violation of statute
• Section 88 School record for employment permit; educational qualification; necessary school attendance
• Section 89 Employment permits; contents; signatures; fee; duplicate; records; papers furnished by department; explanatory matter
• Section 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
• Section 91 Cessation of employment for non-attendance of continuation school; violation of statute
• Section 92 Visiting to ascertain employment of children; reporting illegal employment; complaint; violation of statute
• Section 93 Employment contrary to statute; taking minor to school; reporting evidence to court or justice; complaint; violation of statute
• Section 94 Employment permits, educational certificates and lists of employed minors produced for inspection; evidence of illegal employment
• Section 95 Minors 16 years or older who have not completed requirements for sixth grade; attendance at school
• Section 95A Work-study program exception to permit for employment requirement; exceptions
• Section 96 Manual training and industrial education; effect of statutes
• Section 97, 98 Repealed, 2006, 426, Sec. 17
• Section 99 Repealed, 1974, 372, Sec. 1
• Section 100 Hours of work without interval for meal; duration; violation of statute
• Section 101 Nonapplicability of statute relating to mealtimes and intervals for meals
• Section 102 Labor during mealtime without knowledge of employer
• Section 103 Seats for employees; violation of statute
• Section 104 Children participants in public exhibitions; violation of statute
• Section 104A Repealed, 1982, 364, Sec. 1
• Section 105 License for theatrical exhibitions or shows in which children are employed
• Section 105A Discrimination on basis of gender in payment of wages prohibited; enforcement; unlawful practices; good faith self-evaluation of payment practices
• Section 105B Violation of Secs. 105A to 105C; discharge or discrimination because of complaint, proceedings or testimony; penalties
• Section 105C Entry of premises, and investigation to determine compliance with Secs. 105A to 105C
• Section 105D Parental leave; rights and benefits
• Section 105E Wage data reports; submission to state secretary; submission to executive office of labor and workforce development; violations
• Section 105F Pay range for particular and specific employment positions; retaliation or discrimination; enforcement; violations
• Section 106 Drinking water; violation of statute; coverage of term ''industrial establishments''
• Section 107 Water for humidifying purposes; violation of statute
• Section 108 Thermometers for humidity and temperature; regulations; place; reading; record
• Section 109 Nonapplicability of statute relating to thermometers; hygrometers; psychrometers; records
• Section 110 Relative humidity limits
• Section 111 Sources of water for humidifying purposes; clean air ducts
• Section 112 Failure to comply with Secs. 108 to 111; penalty
• Section 113 Light, ventilation, cleanliness, sanitation and heat in establishments
• Section 114 Investigations and suggestions relative to eyes and vision
• Section 115 Devices and means to prevent injury to eyes; order; compliance; violation of statute
• Section 116 Investigations as to light; notice to change; failure to comply with order
• Section 117 Ventilation
• Section 118 Means to diminish inhalation of dust
• Section 119 Hoods or hoppers and suction pipes for emery or buffing wheels or belts
• Section 120 Form and place of hoods or hoppers; size and speed of blowers; approval by attorney general
• Section 121 Nonapplicability of statutes relating to emery and buffing machinery
• Section 122 Violation of statutes relating to ventilation, dust and emery and buffing machinery
• Section 123 Inspections relative to apparatus for emery and buffing machinery; complaint; prosecution
• Section 124 Communication between engineer's room and machinery room
• Section 125 Violation of statute relating to communication
• Section 126 Fastening doors during business hours; violation of statute
• Section 127 Guards for, and cleaning of, machinery; disconnection and removal of safety devices
• Section 128 Traversing carriage of a self-acting mule traveling close to fixed structure
• Section 129 Safeguards for hoistways, hatchways and well holes; closing trapdoors
• Section 129A Shoring trenches for local governments; graves excepted
• Section 129B Stilts; penalty for requiring or knowingly permitting use in construction
• Section 129C Installation or repair of live electric wires or electrical equipment; assistance; safety equipment; penalty
• Section 129D Riding in man-basket carried by hoisting machinery for bungee jumping or other approved activity
• Section 130 Explosives or inflammable materials; storage and use near egress
• Section 131 Guards for loom shuttles; violation of statute
• Section 132 Suction shuttles; shuttle or thread touching lips; violation of statute
• Section 133 Water closets, toilets and washing facilities; regulations; definitions of ''industrial establishments'' and ''railroad establishments''
• Section 134 Necessary changes; action for proportion of expense
• Section 135 Prosecutions; necessity of neglect to make changes; notice; liability of corporate officer
• Section 136 Violation of public health laws; notice to town board of health; enforcement
• Section 137 Foundry toilet rooms and water closets; failure to comply with statute
• Section 138 Injuring toilet appliances
• Section 139 Lockers and clothes receptacles of employees; violation of statute
• Section 140 Repealed, 1953, 57
• Section 141 Medical and surgical chests; accommodations for treatment of injured or ill persons; facilities for heating food; violation of statute
• Section 141A Lifting heavy objects in textile factories
• Section 142 Sanitary material for cleaning printing presses
• Section 142A Marked receptacles for benzol, carbon tetrachloride or other substances hazardous to health
• Section 142B Marked receptacles for materials containing benzol, carbon tetrachloride or other substances hazardous to health
• Section 142C Markings; clear and conspicuous; size; place
• Section 142D Receptacles exempt from marking requirements
• Section 142E Reports concerning material hazardous to health
• Section 142F Violation of Secs. 142A to 142C; failure to mark receptacles; removal or defacement of marks; penalty
• Section 142G Enforcement of statutes and regulations
• Section 143 Definitions applicable to Secs. 143 to 144H
• Section 143A Protection from undue competition and of health and well-being of workers
• Section 144 Unlawful industrial homework
• Section 145 Investigation of industries; order declaring industrial homework unlawful
• Section 146 Hearing preceding order; notice; place; effective date of order
• Section 146A Distribution of materials and articles; necessity of place of employment in commonwealth
• Section 147 Employer's permit; person to whom materials or articles may be delivered; effect of strike; payment of fees into treasury
• Section 147A Homeworker's certificate; place of work; work performed by others; qualifications of applicant and home; strike against employer
• Section 147B Employer's name and address affixed to articles or container of goods delivered for homework
• Section 147C Work in violation of statutes; removal, retention and disposition of articles; notice
• Section 147D Record of homeworkers and work
• Section 147E Regulations; violations; inspections and investigations
• Section 147F Attendance of witnesses and production of books and papers; summons and court order; fees; oaths; depositions
• Section 147G Additional penalties
• Section 147H Educational and philanthropic organizations; homework performed under supervision of commission for the blind
• Section 148 Payment of wages; commissions; exemption by contract; persons deemed employers; provision for cashing check or draft; violation of statute
• Section 148A Employees seeking rights under provisions of this chapter; discharge or discrimination; punishment
• Section 148B Persons performing service not authorized under this chapter deemed employees; exception
• Section 148C Earned sick time
• Section 148D Earned sick time outreach program
• Section 149 Summons and warrant for violations of Sec. 148
• Section 150 Complaint for violation of certain sections; defenses; payment after complaint; assignments; loan of wages to employer; civil action
• Section 150A Notification of deductions
• Section 150B Fees or assessments other than those chargeable under union constitution and by-laws
• Section 150C Improper expenditure of withholdings or deductions from wages; penalties
• Section 151 Payment on pay day before close of working hours
• Section 152 Deductions for coming late to work
• Section 152A Service charges and tips; tip pools; penalties
• Section 153 Grading work of weavers; imperfections affecting wages; conditions precedent to fines
• Section 154 Employer's fine upon weaver for imperfections; violations of statutes
• Section 155 Specifications as to work and wages for weavers, frame tenders, warpers, web drawers and operatives paid by the pound
• Section 156 Specifications and tickets; posting and attaching; contents; pick clocks; excess of maximum lengths; violation of statute
• Section 157 Violation of Sec. 155; interference with inspectors
• Section 157A Employees paid by piece; tickets stating basis of remuneration; posting statement of amount of pay earned
• Section 158 Stopped machinery; deductions from wages; making up lost time; penalty
• Section 158A Work without compensation
• Section 159 Discharge of employee without notice
• Section 159A Repealed, 2004, 125, Sec. 14
• Section 159B Reimbursement of expenses for medical examinations
• Section 159C Staffing agencies; notice of information concerning employee's assignment; fees prohibited; transportation services; prohibited activities by staffing
• Section 160 to 168A Repealed, 2011, 3, Sec. 131
• Section 169 to 172 Repealed, 1981, 351, Sec. 250
• Section 173 Destruction or sale of records and papers
• Section 174 Repealed, 1929, 357, Sec. 2
• Section 175 Bells, whistles and gongs
• Section 176 Non-resident as special police officer
• Section 177 Police assistance in protecting property; non-residents assisting with arms; liability in damages
• Section 177A Contract exempting employer from liability to employee
• Section 177B Volunteer firefighters and emergency medical technicians; responding to emergencies; discharge from other employment
• Section 178 Leave of absence from work for voting
• Section 178A Payment of wages of intestate employee; officer or employee of commonwealth or subdivision
• Section 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
• Section 178C Sum owed estate of officer or employee of political subdivisions paid to husband, widow or next of kin
• Section 178D Repealed, 1973, 1078, Sec. 1
• Section 178E Group insurance; disposition of dividends
• Section 178F to 178N Repealed, 1973, 1078, Sec. 1
• Section 178O Group insurance termination; notice of date to employee
• Section 179 Placards posted to inform employees
• Section 179A Preference to citizens in awarding public work contracts; violations
• Section 179B Notice to commissioner of commencement or change of location of business; violations
• Section 179C Collective bargaining agreements; successor clauses
• Section 180 Violation of chapter provisions with no specific penalty
• Section 180A Violation of closing laws
• Section 181 Retirement or health and welfare funds; failure of employer to make payments
• Section 182 Standards of corporate behavior; companies financed with assistance of quasi-public agencies
• Section 183 Severance pay upon termination following transfer of control of employer; definitions
• Section 184 Severance pay following transfer of control or attempted transfer of control of registered corporation; definitions
• Section 185 Retaliation against employees reporting violations of law or risks to public health, safety or environment; remedies
• Section 186 Broadcasting industry; noncompete agreements
• Section 187 Health care providers; protection from retaliatory action by health care facilities
• Section 188 Repealed, 2013, 38, Sec. 108
• Section 189 Employer medical assistance contribution
• Section 189A Repealed by 2017, 63, Sec. 10, eff. Dec. 31, 2019
• Section 190 Rights relating to pay and other terms or conditions of employment for domestic workers
• Section 191 Conduct constituting unlawful discriminatory practice against domestic workers; enforcement
• Section 192 Definitions applicable to Secs. 193 to 203 relating to professional employer agreements
• Section 193 Effect of professional employer agreements on collective bargaining or rights of employees under any applicable state or federal law
• Section 194 Licensing, registration or certification requirements under professional employer agreements
• Section 195 Tax credits and other economic incentives; covered employees deemed as client's employees under professional employer agreements; status as small, minority-owned, disadvantaged, woman-owned business or other underutilized class of enterprise
• Section 196 Registration required for professional employer services; information provided with application; interim operating permit; renewal; reporting and financial requirements; combined or consolidated financial statements; forms, filings and fees; positive working capital and surety bonds
• Section 197 Rights and responsibilities under professional employer agreement; notice; termination
• Section 198 Professional employer agreements; taxes, assessments or mandated expenditures on per capita or per employee basis, or upon total payroll basis
• Section 199 Workers' compensation for covered employees under professional employer agreements
• Section 200 Unemployment insurance for employees covered by professional employer agreement
• Section 201 Employee count under professional employer agreements
• Section 202 Prohibited acts relating to professional employer services; disciplinary actions; complaints; hearing; sanctions
• Section 203 Failure of professional employer organization to pay wages in accordance with chapters 148 and 151