Massachusetts Employment Attorney · Employment Law
A generic, downloaded handbook is a start, but it rarely reflects Massachusetts law, and the law keeps changing. If your handbook hasn’t been reviewed in the last year or two, these are the policies to check first.
Required or strongly expected in Massachusetts
| Policy | Who it applies to |
|---|---|
| Written sexual harassment policy, given to every employee each year and to new hires when they start | Employers with 6+ employees |
| Earned sick time (paid at 11+ employees, unpaid below that) | All employers |
| Paid Family and Medical Leave notice | All employers |
| Pregnancy and related-condition accommodation, with written notice of these rights in the handbook or other written notice to new hires, and within 10 days after an employee discloses a pregnancy | Employers with 6+ employees |
| Pay range disclosure in job postings | Employers with 25+ Massachusetts employees |
| Domestic violence leave (up to 15 days) | Employers with 50+ employees |
| Lactation breaks and a private, non-bathroom space | Most employers under the federal PUMP Act, plus a pregnancy-related accommodation for Massachusetts employers with 6+ employees |
Policies that protect the business
- At-will statement. Make clear the handbook isn’t a contract. Without that, handbook promises can be treated as binding.
- Personnel records. Massachusetts employees can review their files. Employers must notify an employee within 10 days of adding negative information.
- Final pay and vacation. Describe how accrued vacation is handled. Under the Wage Act, earned vacation is treated as wages.
- Anti-discrimination. Include hair texture and protective hairstyles, which have been protected under the CROWN Act since 2022.
- Complaint procedure. Name more than one person employees can report to, and protect them from retaliation.
Tailor it, then follow it
A handbook only protects you if it matches what actually happens in your workplace. When a case goes to court, the gap between the written policy and the real practice is often what decides it.
Our earlier article on solid policy and procedure for your Massachusetts business explains why a tailored manual beats a template. To have your handbook reviewed or rewritten, contact our office.
About the Author
Richard Alan Gaudet, Esq. is a Massachusetts attorney at the Law Offices of Richard Alan Gaudet, LLC in Middleton, Massachusetts, who advises clients on employee handbooks, workplace policies and employment law. His practice focuses on professional license defense, business law and litigation, family law, and landlord representation, serving clients across Northern, Eastern, and Central Massachusetts. Reach him at 978-273-8337 or rgaudet@gaudetlawoffice.com. Office: 35 Village Rd., Ste 100, Middleton, MA 01949.
ABOUT THIS ARTICLE
This article was prepared by a Massachusetts attorney and is provided solely for general informational and educational purposes directed to members of the general public. It does not constitute legal advice and does not create an attorney-client relationship. The law applicable to any particular situation depends on the specific facts and circumstances of that matter. Readers are encouraged to seek the advice of a licensed Massachusetts attorney before taking any action.
