Massachusetts Holiday Labor Laws for Warehouses for Thanksgiving/Christmas Etc
My question involves labor and employment law for the state of: Massachusetts
I have a question and I'm not exactly sure what the correct answer is by Massachusetts laws.
I have worked in a warehouse for several year. A warehouse that distributes products to convenient stores and all kinds of retail shops across the northeast. We distribute Candy, Food products, Tobacco etc.
Order selectors work at night for orders to be delivered during the following day. Normal work schedule for us is Sunday-Thursday (Mine is Monday-Thursday) with have friday and saturdays off. What is the massachusetts laws regarding holidays such as Thanksgiving and Christmas Day. Can they absolutely require us to work or is it to be given as an option not a requirement. and are they required to pay premium pay at time and a half or regular pay? They company does some shady tactics and a lot of people just go along with it because they need the job and very few people actually try to report them to the state. They have made us work both Thanksgiving and Christmas day in past year including this past thanksgiving. Christmas hasn't been decided or posted about yet. We are constantly told by management for example regarding thanksgiving this year that we were require to be there that it isn't optional. Now I've done some research and have come across this:
http://ift.tt/1PUlY3n
"
Holiday Opening Laws for Manufacturing Establishments
Although manufacturers may lawfully operate on legal holidays (assuming permits are obtained when necessary), M.G.L. Chapter 149, §45 establishes that employees cannot be required to work on those days, but instead must be given the option to work or not. The law provides a limited exception when manufacturers can require work on holidays. If you have any concerns in this regard, please contact the AGO.
Unrestricted and Restricted Holidays for Manufacturing Facilities
Manufacturers may operate on certain holidays, without a permit, and on other restricted holidays must obtain a permit from the local police department.
Unrestricted Holidays
On unrestricted holidays, the operator of the facility does not need to obtain a permit, no premium pay is required, and voluntariness provisions do not apply. The unrestricted holidays are:
New Year's Day
Martin Luther King Day
President's Day
Evacuation Day
Patriots Day
Bunker Hill Day
Columbus Day after 12:00 noon
Veterans Day after 1:00 p.m.
Restricted Holidays
For restricted holidays, the operator of the manufacturing facility must obtain a permit in order to lawfully operate. There are limitations on when such a permit may be granted. Restricted holidays for manufacturing facilities are:
Memorial Day
Independence Day
Labor Day
Columbus Day before 12:00 noon
Veterans Day before 1:00 p.m.
Thanksgiving Day
Christmas Day"
So the link provided above states information regarding Retail stores and manufacturing facility. Now I just don't know whether a warehouse that has people selecting orders to be delivered to stores counts as a manufacturing facility or not and if not what are the laws regarding actual warehouses.
Also another tidbit to mention is that for example when it comes to Memorial Day & Labor Day as well being on a monday. They give employees sunday off as "holiday" for 2nd shift workers which is the order selectors and they force 2nd shift workers to actually work on the actual holiday on monday selecting orders that get delivered on tuesday. Meanwhile they give the first shift workers that stock the warehouse the actual holiday off but shaft the 2nd shift workers each and every holiday and make them work it and threaten us with disciplinary actions if we don't show up to work on the actual holidays like Thanksgiving and Christmas. Is this legal in massachusetts? and like I mentioned above what is the law about what is to be paid for working a holiday in a warehouse? Are they required to pay premium pay (time and a half) for all restricted holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or are they only required to pay require pay rate. It doesn't seem like it would be legal to force people to work legal holidays at regular pay and not premium pay.
Thanks for any help and insight you can provide me.
My question involves labor and employment law for the state of: Massachusetts
I have a question and I'm not exactly sure what the correct answer is by Massachusetts laws.
I have worked in a warehouse for several year. A warehouse that distributes products to convenient stores and all kinds of retail shops across the northeast. We distribute Candy, Food products, Tobacco etc.
Order selectors work at night for orders to be delivered during the following day. Normal work schedule for us is Sunday-Thursday (Mine is Monday-Thursday) with have friday and saturdays off. What is the massachusetts laws regarding holidays such as Thanksgiving and Christmas Day. Can they absolutely require us to work or is it to be given as an option not a requirement. and are they required to pay premium pay at time and a half or regular pay? They company does some shady tactics and a lot of people just go along with it because they need the job and very few people actually try to report them to the state. They have made us work both Thanksgiving and Christmas day in past year including this past thanksgiving. Christmas hasn't been decided or posted about yet. We are constantly told by management for example regarding thanksgiving this year that we were require to be there that it isn't optional. Now I've done some research and have come across this:
http://ift.tt/1PUlY3n
"
Holiday Opening Laws for Manufacturing Establishments
Although manufacturers may lawfully operate on legal holidays (assuming permits are obtained when necessary), M.G.L. Chapter 149, §45 establishes that employees cannot be required to work on those days, but instead must be given the option to work or not. The law provides a limited exception when manufacturers can require work on holidays. If you have any concerns in this regard, please contact the AGO.
Unrestricted and Restricted Holidays for Manufacturing Facilities
Manufacturers may operate on certain holidays, without a permit, and on other restricted holidays must obtain a permit from the local police department.
Unrestricted Holidays
On unrestricted holidays, the operator of the facility does not need to obtain a permit, no premium pay is required, and voluntariness provisions do not apply. The unrestricted holidays are:
New Year's Day
Martin Luther King Day
President's Day
Evacuation Day
Patriots Day
Bunker Hill Day
Columbus Day after 12:00 noon
Veterans Day after 1:00 p.m.
Restricted Holidays
For restricted holidays, the operator of the manufacturing facility must obtain a permit in order to lawfully operate. There are limitations on when such a permit may be granted. Restricted holidays for manufacturing facilities are:
Memorial Day
Independence Day
Labor Day
Columbus Day before 12:00 noon
Veterans Day before 1:00 p.m.
Thanksgiving Day
Christmas Day"
So the link provided above states information regarding Retail stores and manufacturing facility. Now I just don't know whether a warehouse that has people selecting orders to be delivered to stores counts as a manufacturing facility or not and if not what are the laws regarding actual warehouses.
Also another tidbit to mention is that for example when it comes to Memorial Day & Labor Day as well being on a monday. They give employees sunday off as "holiday" for 2nd shift workers which is the order selectors and they force 2nd shift workers to actually work on the actual holiday on monday selecting orders that get delivered on tuesday. Meanwhile they give the first shift workers that stock the warehouse the actual holiday off but shaft the 2nd shift workers each and every holiday and make them work it and threaten us with disciplinary actions if we don't show up to work on the actual holidays like Thanksgiving and Christmas. Is this legal in massachusetts? and like I mentioned above what is the law about what is to be paid for working a holiday in a warehouse? Are they required to pay premium pay (time and a half) for all restricted holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day or are they only required to pay require pay rate. It doesn't seem like it would be legal to force people to work legal holidays at regular pay and not premium pay.
Thanks for any help and insight you can provide me.
Compensation and Overtime: Massachusetts Holiday Labor Laws for Warehouses for Thanksgiving/Christmas Etc
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