Is Easter Paid Holiday if Falls on Sunday

Table of Contents

Overview

The Massachusetts Blue Laws control which businesses may legally operate on Sundays and some legal holidays. Various retail and non-retail businesses are allowed to operate on those days, but some retailers must pay premium pay to workers.  Special rules also apply to factories and mills and to the sale of alcoholic beverages.

If any business falls within one of the 55 exemptions that allow work on Sundays, it may also operate on most legal holidays. For example, restaurants, pharmacies, and hotels may operate on Sundays and holidays. If you have questions about the statewide approval of local permits allowing businesses to open on Columbus Day, Veteran's Day, Thanksgiving and Christmas, please contact the Department of Labor Standards Minimum Wage Program at (617) 626-6952.

The Alcoholic Beverages Control Commission regulates when alcoholic beverage retailers may be open. If you have questions about these businesses' hours, please contact the Alcoholic Beverages Control Commission at (617) 727-3040.

Key Actions for Overview

Sundays - retail establishments

Retailers may open at any time on Sunday without the need for approval by the Department of Labor Standards, and without the need for local police permit.  (To find out about permissible days and hours of operation for alcoholic beverage retailers, contact the Alcoholic Beverages Control Commission at (617) 727-3040.)

Certain retail establishments that operate on Sundays are subject to the following two restrictions:

Premium pay
Most retailers that employ more than seven (7) workers, including the owner, are required to pay employees at least a premium rate on Sundays (see rates below).  The higher rate does not need to be paid to bona fide executive, administrative and professional employees.

Effective	Sunday Premium Pay
through December 31, 2018	1.5x regular rate
January 1, 2019	1.4x regular rate
January 1, 2020	1.3x regular rate
January 1, 2021	1.2x regular rate
January 1, 2022	1.1x regular rate
January 1, 2023	eliminated

See US Department of Labor Fact Sheet where an employee in a single workweek works at two or more different pay rates in order to calculate the proper overtime rate of pay:https://www.dol.gov/whd/regs/compliance/whdfs23.pdf.

Voluntariness of employment
Most retailers cannot require workers to work on Sunday, and an employer cannot punish or retaliate against a worker in any way for refusing to work on a Sunday.

Sundays - non-retail establishments

Generally, non-retail businesses cannot operate on Sundays, unless they fall within one of the exemptions. However, for all businesses, a permit for work on Sundays may be issued by the police chief of the city or town where the business is located. A permit may be issued only for "necessary work or labor which could not be performed on any other day without serious suffering, loss, damage or public inconvenience, or which could not be performed on any other day without delay to military defense work."

Sundays - manufacturers

Generally, manufacturers are prohibited from opening on Sundays, without a permit.  Additionally, manufacturers may petition the Attorney General for a temporary exemption from the Day of Rest Laws.

The law provides a very limited exception when manufacturers can operate on Sundays, without a permit, as follows: "manufacturing processes which for technical reasons require continuous operations."

Holidays - retail establishments

Special rules apply to the sale of alcoholic beverages.  Otherwise, the following rules apply:

Unrestricted Holidays:
Work may be performed without a permit. Premium pay and voluntariness of employment requirements do not apply.

• Martin Luther King Day
• President's Day
• Evacuation Day
• Patriots' Day
• Bunker Hill Day

Partially Restricted Holidays:
Work may be performed without a permit. Premium pay and voluntariness of employment requirements do apply.

• New Year's Day
• Memorial Day*
• Juneteenth Independence Day*
• Independence Day*
• Labor Day*
• Columbus Day after 12:00 noon
• Veterans Day after 1:00 p.m.

*Premium pay required only if retailer employs more than seven (7) workers, including the owner.

Effective	Holiday Premium Pay: Memorial Day Juneteenth Independence Day Independence Day Labor Day	Holiday Premium Pay: New Year's Day Columbus Day Veterans Day
through December 31, 2018	1.5x regular rate	1.5x regular rate
January 1, 2019	1.4x regular rate	1.5x regular rate
January 1, 2020	1.3x regular rate	1.5x regular rate
January 1, 2021	1.2x regular rate	1.2x regular rate (New Year's Day only 1.5x regular rate)
January 1, 2022	1.1x regular rate	1.1x regular rate
January 1, 2023	eliminated	eliminated

Restricted Holidays:
The Department of Labor Standards may issue uniform, statewide approval of permits for each of the following holidays. If the Department of Labor Standards issues a statewide approval, work may only be performed if the retailer has obtained a local police permit issued at the discretion of the local police chief.

• Columbus Day before 12:00 noon**
• Veterans Day before 1:00 p.m.**
• Thanksgiving Day
• Christmas Day

** Regardless of whether a permit is granted, premium pay and voluntariness of employment requirements apply to work performed prior to 12:00 noon, and 1:00 p.m, respectively.

Holidays - non-retail establishments

Generally, most types of non-retail businesses may operate on the following legal holidays, without a permit or restrictions:

• New Year's Day
• Martin Luther King Day
• President's Day
• Evacuation Day
• Patriots' Day
• Bunker Hill Day
• Juneteenth Independence Day
• Columbus Day after 12:00 noon
• Veterans Day after 1:00 p.m.

Most non-retail businesses cannot operate on any other legal holidays, unless they fall within one of the exemptions in M.G.L. c. 136, secs. 4, 6 and/or 14. See also M.G.L. c. 140, sec. 181.

Holidays - manufacturers

Unrestricted Holidays:
Manufacturers may operate without a permit and premium pay requirements for work performed do not apply:

• New Year's Day
• Martin Luther King Day
• President's Day
• Evacuation Day
• Patriots' Day
• Bunker Hill Day
• Juneteenth Independence Day
• Columbus Day after 12:00 noon
• Veterans Day after 1:00 p.m.

Restricted Holidays:
Unless granted a permit by the local police, manufacturers are generally prohibited from operating on the following legal holidays:

• Memorial Day
• Independence Day
• Labor Day
• Columbus Day before 12:00 noon
• Veterans Day before 1:00 p.m.
• Thanksgiving Day
• Christmas Day

Although manufacturers may lawfully operate on legal holidays (assuming permits are obtained when necessary), employees cannot be required to work on those days.  The law provides a very limited exception when manufacturers can require work on holidays: when the work is both 1) " absolutely necessary" and 2) "can lawfully be performed on Sunday."

Read the Blue Laws

Find links and citations to the laws referenced above.

Additional Resources for Read the Blue Laws

Related Guides

Is Easter Paid Holiday if Falls on Sunday

Source: https://www.mass.gov/guides/working-on-sundays-and-holidays-blue-laws