Know Your Rights — A Member's Guide

If something is wrong at work, you have rights. This guide tells you what to do, who to call, and how long you have to act. Click "Show me the actual law" under any section to see the statute and the source page it came from.

You are not alone. Talk to your steward first. They can sit with you through this, and it costs nothing.

Something happened at work — where do I start?

Find the row that fits your situation. Each one tells you who to call and how long you have.

What's going on	Who to call	How long you have
I'm being investigated or disciplined	Your steward, right now	Before the meeting
The boss won't give me my union rep at a meeting	Your steward, then DLR	6 months
I think I'm being treated unfairly because of my disability, race, sex, religion, age, or pregnancy	Your steward, then MCAD	300 days
My pay is wrong, missing, or late — or my sick time was denied	Your steward, then MA AGO Fair Labor	3 years (but file early)
My workplace is unsafe	Your steward, then MA DLS	Less than 6 months
I got hurt at work	Report it today, then DIA	Report immediately
I need leave for my health, my family, or to bond with a child	DFML (PFML)	Apply 30 days before if you can
I was punished for speaking up about something illegal or unsafe	Your steward, then DLS or OSHA	As short as 30 days
I'm a civil service employee and got disciplined, bypassed, or laid off	Your steward, then CSC	Type-specific (some are 10 days — call fast)
Management changed something at my job without telling the union	Your steward, then DLR	6 months

"I'm being investigated or disciplined" — Weingarten rights

If a manager calls you into a meeting that could lead to discipline (suspension, write-up, firing, anything that affects your job), you have the right to ask for a union rep to be there. This is called your Weingarten right, and it's one of the most important things to know.

What to say

If you're not sure whether the meeting is investigatory, say this — calmly, in your own words:

"If this discussion could in any way lead to my being disciplined or affect my working conditions, I respectfully request that my union representative be present. Without representation, I respectfully decline to answer questions."

Once you say it, the manager has to do one of three things:

Get you a union rep before continuing
End the meeting
Offer to let you choose between proceeding without a rep or ending the meeting

They are not allowed to retaliate against you for asking.

What to do next

Call your steward right now. Don't wait until after the meeting.
Don't sign anything until you've talked to your rep.
Write down what happened as soon as you leave: who was there, what was said, what time, what you were asked.

Weingarten rights come from federal law (NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975)) and apply to public employees through Massachusetts Department of Labor Relations precedent under M.G.L. c. 150E.

Loudermill rights (notice and a chance to respond before serious discipline) apply to most public employees with a property interest in their job. Source: Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).

"An employee may request union representation during an investigatory interview that could reasonably lead to discipline." — 00-ma-labor-law-reference.md §15

"For many public employees with a property interest in their job, due process may require notice and an opportunity to respond before serious discipline or termination." — 00-ma-labor-law-reference.md §16

"I think I'm being discriminated against"

Discrimination at work is illegal in Massachusetts under Chapter 151B, and federally under Title VII, the ADA, the ADEA, and other laws.

This includes being treated unfairly because of:

Disability (or the boss thinks you have one)
Pregnancy, breastfeeding, or related conditions
Religion (including religious practice that needs accommodation)
Race, color, or national origin
Sex, sexual orientation, or gender identity
Age (40+)
Genetic information
Veteran status

It also includes failure to give you a reasonable accommodation that you asked for, and retaliation for complaining about discrimination.

How long you have

You have 300 days from the last time it happened to file with MCAD.

If you're already in a union grievance about the same problem, the 300 days can sometimes be counted from when you figured out it was discriminatory — not from when it happened. So talk to your steward even if you think you're already too late.

What to do

Talk to your steward. Many cases get resolved through the union before they need to go to MCAD.
Document everything — emails, dates of incidents, names of witnesses, what was said.
File with MCAD. You can file online or call them.
- MCAD Boston: (617) 994-6000
- MCAD Worcester: (508) 453-9630
- Email: mcad@mass.gov
- Online: mass.gov/mcad-complaints-of-discrimination
Filing with MCAD also automatically files with the federal EEOC. Do not file with both.

M.G.L. c. 151B is the Massachusetts anti-discrimination statute. The deadline to file is set in 804 CMR 1.04(4) (2020).

"Complaints must be filed at the MCAD within 300 days from the last discriminatory act." — sub-02-mcad-deadline.md:30

"If an employee is pursuing a contractual grievance procedure, through a collective bargaining agreement, their complaint may be deemed timely if filed within 300 days of when the employee knew or should have known that the grieved matter would support a claim of discrimination." — sub-02-mcad-deadline.md:63

The federal EEOC deadline is 180 days for most claims, but is extended to 300 days in Massachusetts because c. 151B prohibits the same conduct.

"The 180-calendar-day filing deadline is extended to 300-calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis." — sub-08-eeoc-how-to-file.md:34

"I'm not being paid right" or "my sick time was denied"

Massachusetts wage law is some of the strongest in the country. If your employer:

Didn't pay you on time
Didn't pay you for all hours worked
Took deductions you didn't agree to
Denied your earned sick time
Refused to pay out vacation when you left
Made you work off the clock

…you have a wage claim.

Why this matters: triple damages

If a court finds your employer violated the Wage Act (M.G.L. c. 149 § 148), they have to pay you three times what they owe — plus your attorney's fees. This is mandatory, not optional.

How long you have

You have three years to bring a wage claim. File earlier rather than later — evidence and witnesses go stale.

What to do

Save your records. Pay stubs, time clock printouts, schedules, texts with your boss.
Talk to your steward. Wage problems can sometimes be fixed quickly through the grievance process.
File a complaint with the AG's Fair Labor Division.
- Online: mass.gov/how-to/file-a-workplace-complaint
- Hotline: (617) 727-3465 (Mon–Fri, 10am–4pm)
- You can file anonymously if you're worried about retaliation.

Wage Act — M.G.L. c. 149, §§ 148 and 150 Earned Sick Time — M.G.L. c. 149, § 148C (1 hour earned per 30 hours worked, up to 40 hours/year) Minimum wage and overtime — M.G.L. c. 151

"Section 148 is the payment-of-wages law, and Massachusetts wage law materials identify § 150 as providing mandatory triple damages, court costs, and attorney's fees for certain violations." — 00-ma-labor-law-reference.md §3

"If you think that an employer did not follow workplace laws, you may file a complaint with the Attorney General's Office (AGO)." — sub-03-ago-file-workplace-complaint.md:31

"You can file your complaint anonymously." — sub-03-ago-file-workplace-complaint.md:97

"My workplace is unsafe"

Public employees in Massachusetts are covered by the MA Workplace Safety and Health Program (WSHP), run by the Department of Labor Standards. This is the public-sector version of OSHA.

If you see:

Unsafe equipment or conditions
Inadequate training for hazardous work
Missing protective equipment
Indoor air quality problems
Workplace violence concerns

…you can file a complaint, and the program will investigate.

How long you have

Less than 6 months from when the hazard occurred. File as soon as you can — DLS can't issue violations for incidents older than 6 months.

What to do

Report it internally first if it's safe to do so — to your supervisor, safety committee, or facilities manager.
Talk to your steward. Document the hazard with photos and dates.
File with DLS.
- Phone: (508) 616-0461 ext. 1
- Email: safepublicworkplacemailbox@mass.gov
- Online: mass.gov/forms/public-sector-workplace-complaint-submission

You can ask the DLS to keep your name confidential.

Retaliation protection

It is illegal for your employer to retaliate against you for reporting safety concerns. If you're punished after reporting, you have a separate retaliation claim — and the deadline is short (usually 30 days after the adverse action), so call your steward right away.

The Massachusetts Public Sector OSHA State Plan is administered by the Department of Labor Standards.

"The goal of WSHP is to prevent workplace injury and illness of public sector workers." — sub-04-dls-wshp-main.md:30

"Massachusetts Department of Labor Standards states that its Workplace Safety and Health Program protects employees from retaliation for exercising workplace safety and health rights." — 00-ma-labor-law-reference.md §7

OSHA's federal rule for the safety filing window:

"Filing deadline is less than 6 months (OSHA can not issue violations for safety and health incidents that occurred more than six months prior)." — 10-osha.md:15

"Filing deadline is 30-180 days (deadlines vary with each statute)." — 10-osha.md:17 (for whistleblower/retaliation)

"I got hurt at work"

Workers' compensation in Massachusetts is administered by the Department of Industrial Accidents (DIA) under M.G.L. c. 152.

What to do — today

Get medical care first. If it's an emergency, go to the ER.
Tell your supervisor about the injury. In writing if possible (email is fine).
Ask for the workers' comp paperwork. Your employer is required to file a First Report of Injury.
Keep copies of everything — medical records, communications, your version of what happened.
Call your steward. Workers' comp can interact with FMLA, PFML, ADA accommodation, and the CBA's leave language — it's easy to lose rights without realizing it.

Phone numbers

DIA Boston: (617) 727-4900
DIA Worcester: (508) 753-2072
DIA Springfield: (413) 784-1133 (relocating to 1441 Main St)
DIA Lawrence: (978) 683-6420
DIA Fall River: (508) 676-3406
Email: Info2@mass.gov

Retaliation

It is illegal for your employer to retaliate against you for filing a workers' comp claim. If you're disciplined or pressured after a claim, that's a separate violation — talk to your steward.

Workers' Compensation — M.G.L. c. 152

"Add this for work injuries, reporting, medical documentation, retaliation, modified duty, and coordination with ADA/PFML/FMLA." — 00-ma-labor-law-reference.md §8

DIA office locations and phones: 05-ma-dia.md:155–204.

"I need to take leave"

Massachusetts has one of the most generous paid family and medical leave programs in the country: PFML.

What PFML covers

Your own serious health condition — up to 20 weeks
Caring for a family member with a serious health condition — up to 12 weeks
Bonding with a new child (birth, adoption, foster placement) — up to 12 weeks
Caring for a service member with a service-related condition — up to 26 weeks
Qualifying military exigencies — up to 12 weeks

The total maximum is 26 weeks per benefit year.

How much will I get paid?

Your weekly benefit depends on your wages. In 2026, the maximum is $1,230.39 per week.

How long you have

Apply at least 30 days before your leave when you can predict it. For unforeseeable leave (sudden illness, premature birth), apply as soon as possible.

What to do

Tell your employer first — this is required, and it triggers your job-protection rights.
Apply with DFML.
- Online: mass.gov/how-to/how-to-apply-for-paid-family-and-medical-leave-pfml
- Phone: (617) 466-3950 (for contributions/exemptions questions)
If your employer has an "approved private plan," you must apply through them — applying directly to DFML will be denied. Ask HR.
Talk to your steward if you suspect your leave request will be denied or you'll face retaliation.

What you're protected from

Once you've told your employer you need PFML leave, they cannot:

Reduce your pay
Take away your benefits
Retaliate against you for asking

PFML — M.G.L. c. 175M

"If you are eligible, you can take up to 26 weeks of combined family and medical leave per benefit year." — sub-dfml-pfml-overview.md:144

"In 2026, the maximum weekly benefit is $1,230.39." — sub-dfml-pfml-overview.md:181

"If you need to take paid leave, the first thing you need to do is inform your employer. Once you have done this, you are legally protected against changes in pay, losing your benefits, and retaliation." — sub-dfml-pfml-overview.md:55

"If your employer has an approved exemption, you need to apply through their private plan. If you apply for leave with DFML instead of with your employer's private plan, your application will be denied." — sub-dfml-pfml-overview.md:86

The federal FMLA runs alongside PFML and provides up to 12 weeks of unpaid, job-protected leave for serious health conditions. Many situations qualify for both — your steward can help sort out which to use.

"Management changed something without bargaining"

In Massachusetts public-sector unions (like Local 509), the employer has a legal duty to bargain with the union before changing things that affect:

Wages, hours, or working conditions
Schedules, workload, or remote-work policies
Productivity tracking, monitoring, or new technology
Evaluation systems, work rules, or discipline standards
Safety practices

When the employer changes any of these without bargaining, that's a prohibited practice under M.G.L. c. 150E. The union can file a charge with the Department of Labor Relations (DLR).

How long the union has

Six months from when the union (or you) knew about the change.

What to do

This is a union-level filing — not something you usually do alone. Bring it to your steward and chapter leadership. They'll evaluate whether to file a Charge of Prohibited Practice with DLR.

DLR contact info (for stewards)

DLR Boston: (617) 626-7132
DLR Worcester: (508) 762-3374
E-file: efile.dlr@mass.gov
Officer of the Day: Thursdays 1–5pm (general questions; not legal advice)

Public Employee Collective Bargaining Law — M.G.L. c. 150E Prohibited Practices — c. 150E § 10

"The Charging Party must submit a Charge on the DLR's Charge of prohibited practice form with the DLR within six months from the date the Charging Party knew or should have known of the alleged prohibited practice, unless good cause is shown." — sub-01-dlr-ulp-procedures.md:103

"Under public-sector labor law, certain changes generally require notice and bargaining before implementation." — 00-ma-labor-law-reference.md §20

What kinds of changes count as "mandatory subjects of bargaining":

"Schedule changes, workload changes, remote-work changes, safety policies, productivity tracking, new technology, evaluation systems, changes affecting wages, hours, or working conditions." — 00-ma-labor-law-reference.md §20

For the case-law analysis of what counts as a prohibited practice, see sub-01-dlr-prohibited-practices.md (141 KB; the comprehensive DLR explanation).

"I was punished for speaking up" — retaliation

If something bad happened to you at work after you:

Reported a safety problem
Filed a wage complaint
Asked for an accommodation
Took (or asked for) leave
Filed a workers' comp claim
Reported illegal conduct, fraud, waste, or abuse
Participated in union activity
Helped a coworker with any of the above

…that's potentially retaliation, and retaliation is illegal under almost every workplace law.

Why retaliation matters even more than the underlying issue

Often the original complaint is hard to prove. But retaliation is concrete: you did something protected, then something bad happened to you, and the timing is suspicious. Retaliation cases are sometimes easier to win than the original complaint.

How long you have

This depends on which law was retaliated under — and some are very short:

Public-sector workplace safety retaliation (DLS): 30 days
Federal whistleblower laws (OSHA): 30 to 180 days
DLR prohibited practice (c. 150E): 6 months
MCAD (c. 151B): 300 days
Wage Act retaliation (c. 149): 3 years

Always assume the deadline is short and call your steward today.

What to do

Write down the timeline. When did you do the protected thing? When did the bad thing happen? What was said?
Save evidence — emails, performance reviews from before and after, witness names.
Talk to your steward today. This is one of those situations where waiting can lose your claim.

Retaliation protections appear across many statutes:

"Union activity under c. 150E. Discrimination/accommodation under c. 151B. Wage complaints under c. 149. Safety complaints through DLS/OSHA. PFML. FMLA. Workers' compensation. Whistleblower law." — 00-ma-labor-law-reference.md §14

"It is illegal for an employer or union to retaliate against employees for filing charges or participating in NLRB investigations or proceedings." — sub-11-nlrb-investigate-charges.md:31

For public-sector whistleblower (M.G.L. c. 149 § 185):

"This protects employees from retaliation for reporting violations of law or risks to public health, safety, or the environment." — 00-ma-labor-law-reference.md §6

"I want to appeal a civil service decision"

If you're a civil service employee and you've been:

Disciplined (suspension, demotion, termination)
Bypassed for promotion or appointment
Laid off out of seniority order
Misclassified
Unfairly treated on a civil service exam

…you can appeal to the Civil Service Commission (CSC) under M.G.L. c. 31.

How long you have

Some appeal types have a 10-day deadline. Don't wait. Call your steward and CSC the same day you find out about the decision.

What to do

Get the written notice of the decision if you don't have it already.
Talk to your steward immediately — civil service appeals interact with your CBA grievance rights.
File the appeal with CSC.
- Phone: (617) 979-1900
- Email: cschelp@mass.gov
- Address: 100 Cambridge Street Suite 200, Boston MA 02114
- Online: mass.gov/how-to/file-an-appeal-with-the-civil-service-commission

What the process looks like

Pre-hearing conference scheduled within 60 days of CSC receiving your appeal (usually by Webex)
Full hearing within 45–90 days after the pre-hearing
Decision issued by the Commission after the hearing
Reconsideration possible within 10 days; Superior Court appeal within 30 days

You can represent yourself, but consider asking your union about legal representation. CSC has a self-represented appellant guide that walks you through it: see sub-06-csc-self-represented-guide.md in the source folder.

Civil Service Law — M.G.L. c. 31

"In most cases, CSC will set up a remote pre-hearing conference within 60 days of receiving the appeal." — sub-06-csc-appeals-process.md:36

"After the pre-hearing conference, certain appeals will be scheduled for what is called a 'full hearing'. This full hearing is usually held within 45-90 days of the pre-hearing conference." — sub-06-csc-appeals-process.md:72

"Either party may file a motion for reconsideration within ten days of receipt of a Commission order or decision." — sub-06-csc-appeals-process.md:163

"Any party aggrieved by a Commission order or decision may initiate proceedings for judicial review under G.L. c. 30A, § 14 in the superior court within thirty (30) days after receipt of the order or decision." — sub-06-csc-appeals-process.md:165

"I don't think the union is representing me fairly"

Your union has a legal duty — called the Duty of Fair Representation — to represent every member of the bargaining unit fairly, without arbitrary, discriminatory, or bad-faith conduct.

This does not mean the union has to advance every grievance. Unions are allowed to make judgment calls about which cases have merit. But they must:

Apply the same standards to everyone
Communicate decisions clearly to the member
Document their reasoning
Not refuse to help based on personal dislike, unrelated past conflicts, or membership status

If you believe your union has failed in this duty, you can:

Talk to chapter leadership first. Many disagreements come from miscommunication.
Ask in writing for the reason your case was screened or withdrawn.
If still unresolved, you can file a Duty of Fair Representation charge with DLR — but this is a serious step and the bar to win is high.

"The union has a legal duty to represent bargaining-unit members fairly, without arbitrary, discriminatory, or bad-faith conduct." — 00-ma-labor-law-reference.md §17

DFR charges are filed with DLR under c. 150E using the same Charge of Prohibited Practice form, with a 6-month statute of limitations.

Phone tree — keep this saved

Who	Number
MA AGO Fair Labor Hotline	(617) 727-3465
MA DLR (Boston) — public-sector union issues	(617) 626-7132
MA MCAD (Boston) — discrimination	(617) 994-6000
MA DLS — public workplace safety	(508) 616-0461 ext. 1
MA CSC — civil service appeals	(617) 979-1900
MA DIA (Boston) — workers' comp	(617) 727-4900
MA State Ethics — conflict of interest	(617) 371-9500
DFML (PFML questions)	(617) 466-3950
EEOC (federal discrimination)	1-800-669-4000
US DOL Wage & Hour	1-866-487-9243
OSHA (federal safety)	800-321-6742
NLRB (federal labor)	1-844-762-6572

Before you call anyone, write this down

Keep these notes in one place — a notebook, a Notes app, an email draft. You'll need them every time you talk to a steward, attorney, or agency.

What happened, in order, with dates
Who said what (witnesses count — get their names)
What you did (asked for accommodation, reported a hazard, took leave, etc.)
What happened next (discipline, schedule change, lost shift, denied benefit)
What you have in writing (emails, texts, memos, performance reviews, write-ups)
Your CBA article(s), if you know which apply
What outcome you want (be reinstated, get paid, stop the conduct, get an accommodation)

What this guide doesn't do

This is a starting point, not legal advice. We cannot guarantee that following this guide protects your rights. We can guarantee that:

Calling your steward early is almost always the right first move
Filing on time is more important than filing perfectly (you can amend later)
Documenting in writing protects you no matter what happens

For complex situations — termination at the arbitration stage, a 90-day Right-to-Sue letter, criminal-law overlap, multi-jurisdictional retaliation — ask your union about an attorney referral. Many initial consultations are free, and the union may cover representation in some cases.

A note about timing

The single biggest mistake members make is waiting too long. Even when you're not sure whether what happened is "really" a violation, the clock is running. Some deadlines are 30 days. Most are 6 months or 300 days. A few are 3 years.

If you take only one thing from this guide:

Call your steward this week. Don't wait.

Your steward's job is to help you sort out whether you have a claim, and to make sure the deadline doesn't run out while you're deciding.

Source material

This guide is built from public information published by Massachusetts and federal agencies. Each "Show me the actual law" section cites the specific source page. The full set of source documents is available — ask a chapter officer for access if you want to read them in full.

Statute index: 00-ma-labor-law-reference.md
Steward cheat sheet: 00-CHEATSHEET.md
Topic-organized index: 00-INDEX.md
Agency landings and filing guides: 01- through 11- and sub-*.md