Section 13. The provisions of sections five to eleven, inclusive, shall, except as provided in section fourteen, apply to all legal holidays, except January first, the third Monday in January, the third Monday in February, March seventeenth, the third Monday in April, May twentieth, June seventeenth, June nineteenth, the second Monday in October after the hour of twelve noon, and November eleventh after one o'clock post meridian, or on the day following when any of said days occur on Sunday.
Any retail establishment that operates on January first, November eleventh or the second Monday in October, under the exemption granted by this section, shall not require any employee to perform such work and an employee's refusal to work for any retail establishment on such legal holidays 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 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.
Notes of Decisions
Drive-O-Rama, Inc. v. Attorney Gen., 829 N.E.2d 1153 (Mass. App. Ct. 2005).
· cites it 10× “, doing business as Mill Stores (Mill Stores), appeals from a judgment entered in the Superior Court, granting the Attorney General’s motion for summary judgment and declaring that G. L. c. 136, § 13 (Holiday Pay Law), 2 is applicable to Mill Stores.”
Swift v. AutoZone, Inc., 441 Mass. 443 (Mass. 2004).
“” Pursuant to G. L. c. 136, § 13, employers must also compensate hourly, nonexempt employees for the holidays listed in that section, at the same rate as Sunday work.”
Bassett v. Triton Tech., Inc., 34 Mass. L. Rptr. 174 (Suffolk Mass. Super. Ct. 2017).
“769, 769-70 (2005) (failure to pay time and a half for work on legal holidays, as required by G.L.c. 136, §13, violated the Wage Act). The Legislature has expressly authorized employees to sue their employer for violating the Wage Act by not paying earned wages.”
Sutton v. Jordan's Furniture, Inc. (Mass. 2024).
“769 , 769–770 (2005) (failure to pay time and one-half for work on legal holidays, as required by G. L. c. 136, § 13, violated Wage Act). When an employee works on a Sunday, he or she earns Sunday pay pursuant to G.”
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