Working Conditions

(1) Rest Periods. (a) An employer who employs a domestic worker for 40 hours a week or more shall provide a rest period of at least 24 consecutive hours in each calendar week and a rest period of at least 48 consecutive hours during each calendar month. The 24 consecutive hours of rest that must be provided per week may, at the discretion of the employer, during one such week, run concurrently with the minimum 48 consecutive hours that must be provided by an employer at least once per calendar month. (b) Where possible, a rest period should accommodate religious worship, including the domestic worker's attendance at a place of worship, if any. (c) When a domestic worker is employed for 40 hours a week or more, the domestic worker and the employer may enter into a written agreement where the domestic worker agrees to work during a previously designated rest period. Such written agreement to work during a previously-designated rest period shall: 1. be in a language easily understood by the domestic worker; 2. be entered into prior to performance of services during the previously designated rest period; 3. specify the rest period or periods which the domestic worker agrees to work; and 4. be signed or acknowledged (whether in writing or by means of electronic communication) by the domestic worker and the employer. (d) Rest periods, whether paid or unpaid, shall be considered job-protected leave. Rest periods shall be in addition to any job-protected leave to which a domestic worker may have a right under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq., the Parental Leave Act, M.G.L. c. 149, § 105D, the Domestic Violence Leave Act, M.G.L. c. 149, § 52E, the Small Necessities Leave Act, M.G.L. c. 149, § 52D and 940 CMR 20.00: Employee Leave for Certain Family Obligations, the Earned Sick Time Law, M.G.L. c. 149, §§ 148C and 148D and 940 CMR 33.00: Earned Sick Time. (e) If an employer provides a paid rest period, the rest period shall be considered vacation time and pay under M.G.L. c. 149, § 148. (f) When a domestic worker who does not reside on the employer's premises is on duty for less than 24 consecutive hours, the employer shall pay the domestic worker for all such time as working time pursuant to 454 CMR 27.02: Definitions. (2) Exclusions from Working Time. When a domestic worker is required to be on duty for a period of 24 consecutive hours or more, all meal periods, rest periods, and sleep periods shall constitute working time, unless otherwise provided by written agreement. The domestic worker and the employer may enter into a written agreement to exclude meal periods, rest periods, and sleep periods from working time. Such written agreement to exclude meal periods, rest periods, and sleep periods from working time shall: (a) be in a language easily understood by the domestic worker; (b) be entered into prior to performance of services; (c) specify the meal periods, if any, which the domestic worker agrees are not working time; (d) specify rest periods, if any, which the domestic worker agrees are not working time; (e) specify sleep periods, if any, which the domestic worker agrees are not working time; and (f) be signed or acknowledged (whether in writing or by means of electronic communication) by the domestic worker and the employer. (3) Overtime. A domestic worker shall be compensated at the overtime rate for all hours worked over 40 per week pursuant to M.G.L. c. 151, § 1A, regardless of whether all the hours worked were of a domestic nature in the case of domestic workers who work for an employer in both residential and commercial settings. (4) Banking of Hours. No employer shall require banking of hours. A domestic worker may voluntarily agree to banking of hours provided: (a) the time to be made up is less than 24 hours; and (b) the agreement is in writing in a language easily understood by the domestic worker and is made prior to the performance of the make-up work. If the employer and domestic worker agree to banking of hours, and the time made up in a particular week brings the worker's total hours over 40, then the employer shall ensure that the domestic worker is compensated at the overtime rate pursuant to 940 CMR 32.03(3) and M.G.L. c. 151, § 1A, for all hours in excess of 40 that the domestic worker works. 940 CMR: OFFICE OF THE ATTORNEY GENERAL 32.03: continued (5) Deductions. (a) Agreements. No deductions for food, beverages, or lodging shall be made from a domestic worker's wages without the domestic worker's agreement, provided that such agreement: 1. is in writing, in a language easily understood by the domestic worker, and made prior to the time when deductions are incurred; 2. specifies the particular deductions to which the domestic worker agrees to consent; and 3. is signed or acknowledged (whether in writing or by means of electronic communication) by the domestic worker and the employer. (b) Food and Beverages. 1. An employer may deduct from a domestic worker's wages an amount for food and beverages actually provided to the domestic worker, provided that: a. the food and beverages are voluntarily and freely chosen by the domestic worker; b. the domestic worker can easily bring and prepare meals on the premises; and c. working conditions caused by the employer's or another household member's dietary restrictions or other related preferences do not prevent a domestic worker from storing, preparing, or consuming meals of his or her preference. 2. No employer shall deduct from the wage of a domestic worker a sum in excess of the amounts per day set forth for food and beverages actually furnished to the domestic worker, as prescribed by 454 CMR 27.05(3): Deductions for Meals and promulgated pursuant to M.G.L. c. 151, said maximum daily deductions as of January 16, 2015, being $1.25 for breakfast, $2.25 for lunch and $2.25 for dinner. 3. No employer shall exceed the number of deductions per day permitted by 454 CMR 27.05(3): Deductions for Meals as of January 16, 2015, said limits permitting a deduction of one meal for a domestic worker working three hours or more, a deduction of two meals for a domestic worker working two meal periods or eight hours of work, and a deduction of three meals for a domestic worker if lodging is provided or if special permission is granted by the Director of the Department of Labor Standards. (c) Lodging. 1. An employer may deduct from a domestic worker's wages an amount for lodging actually provided to the domestic worker, provided that: a. the lodging is voluntarily and freely chosen by the domestic worker; and b. the lodging complies with the state sanitary code contained in 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation State Sanitary Code: Chapter II or other regulations that may be promulgated under the authority of the Department of Public Health or successor agency under M.G.L. c. 111. 2. An employer shall not deduct from the wages of a domestic worker an amount for lodging if the employer requires that a domestic worker reside on the employer’s premises or in a particular location. 3. No employer shall deduct from the wage of a domestic worker a sum for lodging in excess of the amounts per day set forth for lodging voluntarily and freely chosen and actually desired and used by the domestic worker, as prescribed by 454 CMR 27.05(2): Deductions for Lodging and promulgated pursuant to M.G.L. c. 151, as of January 16, 2015, said maximum deduction being $35.00 per week for a room occupied by one person, $30.00 per week for a room occupied by two persons, and $25.00 per week for a room occupied by three or more persons. (d) Other Deductions. No other deductions shall be made from a domestic worker's wages other than for specifically named, identified, and agreed-upon purposes, goods or services required or expressly authorized by law. (e) An employer's dissatisfaction with the quality of a domestic worker's services shall not be a basis for withholding, or taking deductions from, a domestic worker's compensation. (6) Privacy. (a) An employer shall not monitor or record, in any manner, a domestic worker's use of restroom or bathing facilities, sleeping or private living quarters, or any activities associated with the worker's dressing, undressing, or changing clothes. 9/11/15 (Effective 8/28/15) - corrected 32.03: continued (b) An employer shall not restrict or interfere with a domestic worker's private communications, unless the domestic worker's private communications significantlyinterfere with the domestic worker's performance of expected duties. An employer may establish reasonable restrictions on a domestic worker's private communications during working time. (c) An employer shall not monitor a domestic worker's private communications. (d) An employer shall not take any of the domestic worker's documents or other personal effects. (7) Trafficking Prohibited. An employer shall not engage in any conduct which constitutes forced services, trafficking of persons for sexual servitude, or trafficking of persons for forced services under M.G.L. c. 265, §§ 49, 50, and 51, respectively. (8) Communications. If the employer requires that a domestic worker reside in the employer's premises or other particular location, the employer shall provide the domestic worker with the ability and reasonable opportunity to access telephone and internet services and permit the domestic worker to send and receive communications by text message, social media, electronic or regular mail and telephone, without the employer's interference. If the employer has telephone or internet services, the employer shall provide reasonable access to the telephone and/or internet service without charge to the domestic worker. If the employer does not have telephone and/or internet services, the employer shall provide the domestic worker with a reasonable opportunity to access telephone and/or internet service at another location at the domestic worker's expense. (9) Termination. (a) If a domestic worker resides in the employer's household or at a location required by the employer and the employer terminates employment without cause, the employer shall: 1. provide written notice and at least 30 days of lodging, either on-site or in comparable off-site conditions; or 2. provide written notice and severance pay in an amount equivalent to the domestic worker's average earnings for two weeks of employment. The average weekly earnings for a domestic worker who has been employed for less than two weeks shall be arrived at by extrapolating from an average day's wages. If the employer chooses to provide either off-site lodging or severance, the employer shall allow the employee at least 24 hours to vacate the employer's household. (b) If a domestic worker resides in the employer's household or at a location required by the employer, no advance notice or severance payment shall be required where the employer provides a good faith allegation, in writing before or at the time of the termination, with reasonable basis and belief and without reckless disregard or willful ignorance of the truth that the domestic worker has abused, neglected or caused any other harmful conduct against the employer, members of the employer's family, or individuals residing in the employer's household. (c) If a domestic worker resides in the employer's household or in a location required by the employer and termination is for cause relating to conduct other than that described in 940 CMR 32.03(9)(b), the employer shall provide: 1. advance written notice; and 2. a reasonable opportunity to find other lodging of no less than 48 hours. (d) A domestic worker involuntarily terminated by the employer shall be paid in full on the last day of employment as required under M.G.L. c. 149, § 148.