Waivers to state law governing meal breaks and days of rest may help companies maintain flexibility while protecting employee rights.

These waivers come from the Fair Labor Division of the Massachusetts Attorney General’s Office. Let’s break down each waiver and how it works.

 Meal Break Waiver

Massachusetts law (Chapter 149, Sections 100 & 101) requires that hourly (non-exempt) employees who work more than six hours in a shift must get a 30-minute meal break. This break doesn’t have to be paid if the employee isn’t doing any work during it.

However, there are some exceptions. Some industries are automatically exempt, and the Attorney General (AG) can approve waivers in certain situations.

You might need a waiver if:

• Your company wants employees to work through their meal breaks.
• Employees are already working through lunch, and you must document their agreement.

In simple cases, your company can use an internal form that the employee signs, agreeing to skip their meal break. Remember, employees who work through their break must be paid for that time.

If your business needs this arrangement for an extended period, you can apply for an official waiver from the AG’s office. These waivers last up to six months.

Day of Rest Waiver

Under Massachusetts law (Chapter 149, Section 48), most workers in manufacturing, mechanical, or mercantile jobs must get at least one full day off (24 hours) every seven days. This rest period should include the hours between 8 a.m. and 5 p.m.

Violating this law could lead to a fine of $300.

Companies can request a waiver to operate for up to 60 straight days in special situations like:

• A natural disaster (flood, fire, etc.)
• A tight production deadline after landing a new contract

You don’t need a waiver if your business falls under specific categories. These include:

• Utilities (gas, water, electricity)
• Hotels
• Food transportation or delivery
• Railroads
• Newspaper work
• Animal care
• Emergency labor
• Pharmacies and more

These little-known waivers can be a big help when used correctly. They allow your company to stay flexible while still protecting employee rights. Understanding when and how to use them can keep you compliant and help operations run smoothly, even when things get complicated.

For more detailed information on Massachusetts labor laws and waivers:

• Meal Breaks and Time Off: Comprehensive guide on employee rights regarding meal breaks and other time-off provisions. ​
• Working on Sundays and Holidays (“Blue Laws”): Information on regulations governing work on Sundays and certain holidays. ​
• Wage and Hour Laws: Overview of Massachusetts wage laws, including minimum wage, overtime, and recordkeeping requirements. ​
• Fair Labor Division Statutes and Regulations: List of statutes and regulations enforced by the Fair Labor Division. ​

If you need help navigating Massachusetts HR compliance issues, contact AIM HR Solutions at www.AIMHRSolutions.com.

AIM Members can also ask specific compliance questions via the AIM HR Helpline at helpline@aimhrsolutions.com or 1-800-470-6277.