Chapter 149

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 disabled veteran 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 1/2 General contractor bids; prequalification procedures
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 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 52A Repealed, 2014, 307, Sec. 89
Section 52A 1/2 Veterans; participation in Memorial Day exercise and observance of Veterans Day; leave of absence granted; exceptions
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 Definitions
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

Chapter 149

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Chapter 149: LABOR AND INDUSTRIES