Massachusetts Amends Blue Laws to Allow for Operations of Warehouses on Sundays and Holidays

Jackson Lewis P.C.
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Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55 exceptions, restrict certain commercial activities on Sundays and holidays. Governor Charlie Baker signed “An Act Relative to Job Creation and Workforce Development” (H. 4569) on August 10, 2016.

The revised exception states:

(31) The transport or delivery of goods in commerce, or for consideration, by motor truck or trailer or other means, and the performance of all activities incidental thereto, including the operation of all facilities and warehousing, necessary to prepare, stage, and effect such transport or delivery; or the loading or unloading of same and the performance of labor, business and work directly or indirectly related thereto.

Previously, the exception extended only to the “transport” of goods and commerce by motor truck or trailer. Now, the “delivery” of goods in commerce, as well as acts connected to the delivery of goods, such as the operations of facilities and warehouses related to the delivery, are expressly allowed under the blue laws. In addition, as written, automatic payment of time-and-a-half to employees involved in these activities is not required. Retail establishments still must pay time-and-a-half to employees working on Sundays and holidays.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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