There is a newer version of the Massachusetts General Laws
2015 Massachusetts General Laws
PART I ADMINISTRATION OF THE GOVERNMENT
TITLE XXI LABOR AND INDUSTRIES
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 61/2 Adoption of regulations for the 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 6D1/2 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 6F1/2 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 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 441/2 Termination of employment for veterans following return from overseas duty
- Section 443/4 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; award; bonds; extreme emergency situations; records contracts not subjected to competitive bid process
- Section 44A1/2 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 44D1/2 General contractor bids; prequalification procedures
- Section 44D3/4 Subcontractor sub-bids; prequalification procedures
- Section 44E Filing of bids; forms; modular buildings
- Section 44E1/2 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 52A1/2 Veterans; participation in Veterans or Memorial Day exercise; 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 in payment of wages on basis of sex of employee prohibited; damages; actions in general; assignment of claim; limitations
- 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 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 safety 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 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
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