The Massachusetts labor board is a division of the Massachusetts Department of Labor that helps employers and employees resolve disputes. Laws governing the labor board establish the agency, task it with specific duties in labor relations, and set requirements for union representation and collective bargaining. Knowing some of the general provisions of the board laws can help you achieve timely and fair resolutions to potential labor issues. While all 50 states must follow federal labor law, each of them may also set more exacting labor standards. Massachusetts labor law provides additional protection for workers beyond the scope of federal law in such areas as discrimination, child labor, worker’s compensation, time clock issues, and privacy.
Laws Establishing the Division of Labor Relations –
The Division of Labor Relations was created in 2007 through the merger of existing state agencies.
The Massachusetts Labor Board is formally known as the Division of Labor Relations. This agency was created by the Massachusetts legislature in 2007, when they passed laws intended to improve the efficiency, effectiveness and fairness of labor relations in the commonwealth, according to the statute. This act repealed earlier legislation that had established two agencies to manage and oversee labor disputes: the Labor Relations Commission, which managed disputes with public employees; and the Board of Conciliation and Arbitration, which mediated private labor disputes and answered grievances. The new Division of Labor Relations is responsible for providing timely resolutions to labor disputes.
Collective Bargaining Representation -
One chapter of the Massachusetts labor board laws concerns evidence required to establish a union for the purposes of collective bargaining. These laws are often called “card check” rules, and are intended to ensure employees’ representation for the purposes of negotiating employment terms. Under the law, a majority of employees considered members of a “unit appropriate for the purposes of collective bargaining” can opt for representation from an established labor organization. They may also, by majority vote, organize their own labor organization. Each employee opting for representation may do so by signing an authorization card that gives the union permission to bargain on their behalf. Unions not recognized by the Division of Labor Relations are not legally protected by labor relations law.
Requirement to Collectively Bargain –
Massachusetts labor board law requires employees to collectively bargain with their employer if their employer has recognized their representation. The Division of Labor Relations is responsible for enforcing this law. Employees are required to participate in negotiations with their employer if they have elected representation through a labor union and their employer has agreed to bargain with their representation. Under the law, this is considered an unfair labor practice on the part of the employees. This law, however, is not meant to restrict the employees’ right to strike in the event that collective bargaining is not successful.
Discrimination Issues –
Under chapter 151B of the Massachusetts General Law (MGL), employers hiring six or more employees are not allowed to discriminate on the basis of race, old age, gender, pregnancy, sexual orientation, religion, disability, military status, genetics, or criminal record. In excess of federal guidelines, Massachusetts labor laws forbid systems of seniority or involuntary retirement for employees over 40. Under the Massachusetts Equal Pay Act, females may not be paid less than males, if they are doing comparable work and have equal qualifications.
Breaks -
Chapter 149 section 100 of the Massachusetts General Law permits employees a 30-minute lunch break if a work shift lasts for more than six hours. Employers are not required to pay employees for this break. Employers do not have to offer any rest breaks to employees regardless of the time worked.
Hour Regulations -
Employers in Massachusetts must pay time and a half for all work exceeding 40 hours a week. Amendments to state laws in 1994 allow employees to decline work on Sunday without retribution from the employers. Sunday hours worked are not paid at a time and a half, unless the employee works in retail. Employees may not work more than seven days in a row. If an employee works for less than three hours, the employer must compensate the employee for three hours of labor.
Worker’s Compensation -
Chapter 152 of the MGL mandates that employers provide worker’s compensation insurance to all of their employees. This insurance covers any workplace injuries. Employers may not discriminate against employees who have received disability or injury benefits from a previous employer.
Privacy Rights –
Chapter 214 of the MGL provides privacy protection for employees. As part of Massachusetts labor law, employers can only request legitimate information related to the running of the business. Employers must post policies listing how they handle privacy issues. If an employee feels that his privacy rights are violated, he may sue,
Maternity and Family Leave -
The Massachusetts Maternity Leave Act allows for eight weeks of unpaid leave for women employed at a company for at least three months. The Small Necessities Leave Act applies to businesses with at least 50 employees. Under this law, employees may take 24 hours of unpaid leave for family concerns.