Mandatory Work Hours-retail

[Rowan]

I am a sales associate for a major department store wit locations nationwide.  However, I am employed in a store location in the state of Massachusetts.  

Isn't there a Massachusetts State Law that requires my employer to provide me with a full day(24 hours) free of all duty(working requirements) after I have worked 7 consecutive days, even if the work schedule cover two pay periods? I.E. the company's work week is Sunday-Saturday.  I am scheduled to work 8 hour shfits with a 1-hour unpaid lunch and a 20-minute break as follows: 11/4, 11/5, 11/6, 11/7, 11/8, 11/9, 11/10, 11/11, day off is 11/12/08.  

As a nonexempt employee, I realize if I work more than 40 hours per week, I am eligible for overtime, but I prefer time away from work after the 7th day. Can I refuse to work more than 7 consecutive day without a break of at least 24 hours between shifts?

ANSWER: There is a "Blue Law" that pertains to retail business opening on Sunday. It is not called a one in 7 rule as some states have. It pertains only to Sunday work.

Here is what part of it says:

50) The keeping open of a store or shop and the sale at retail of goods therein, but not including the retail sale of goods subject to chapter 138, and the performance of labor, business, and work directly connected therewith on Sunday. This exemption shall not apply to any legal holiday as defined in clause eighteenth of section 7 of chapter 4, but this exemption shall apply to the day following Christmas Day when Christmas occurs on a Sunday. In any year in which Christmas Day occurs on a Sunday, this exemption shall not apply to that Sunday. Any store or shop which qualifies for exemption under this clause or under clause(25) or clause(27) and which employs more than a total of seven persons, including the proprietor, on Sunday or any day throughout the week, shall compensate all employees engaged in the work performed on Sunday pursuant to the provisions of this clause, or clause(25) or clause(27), excepting those bona fide executive or administrative or professional persons earning more than two hundred dollars a week, at a rate not less than one and one-half times the employee’s regular rate. No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty-nine shall apply to any violation of this paragraph. You can find it at :http://www.mass.gov/legis/laws/mgl/136-6.htm

It says if you refuse to work on Sunday it cannot be grounds for dismissal or any other penalty.

Shirley

---------- FOLLOW-UP ----------

Please advise if I understand correctly:

A sales associate who works 38 hours per week @ 11.00/hr is earning $411.00 for the work performed. Since the sales associate is earning more than $200/week can the sales associate be classified as an executive, administrative and/or professional person.  Thus,  permitting the retail company to schedule the employee to work 7,8, or more consecutive days without a day off?

[Taaveti]

No that is not what it is saying. They cannot under this law force anyone even the exempt to work on Sunday if they do not wish to do so.  What it is saying is that if you are exempt you are not paid the time and a half overtime wages for working the extra overtime.

Shirley