Records, posters, policies and insurance for Massachusetts restaurants
The standing obligations that sit behind every payroll: records, posters, written policies and the insurance a Massachusetts restaurant has to carry.
General information about Massachusetts and federal rules, checked against the official sources linked under each answer on September 24, 2026. It is not legal or tax advice.
Keep each employee's name, address, occupation, pay for each pay period, and hours worked each day and each week, for at least three years. Employees may inspect their own records, and the Attorney General can ask for them.
Also keep rates, deductions and anything charged to the employee. I-9s have their own retention rule, covered on the hiring page.
The state list includes the Massachusetts Wage and Hour Laws poster, the Fair Employment Law and Parental Leave notices from the MCAD, the unemployment insurance coverage notice, the workers' compensation notice, the Earned Sick Time poster, the PFML workplace poster and the veterans' services poster.
Federal posters include the FLSA minimum wage poster, OSHA's Job Safety and Health poster, the polygraph notice, USERRA, the FMLA poster at 50 or more employees, and the EEOC Know Your Rights poster at 15 or more. Restaurants also need the food allergy poster in the staff area. The state says its list may not be complete, so check it and the Department of Labor's poster advisor once a year.
Yes, with six or more employees. Every employee gets an individual written copy each year, and new hires get one when they start.
The policy must say harassment and retaliation are unlawful, give examples, describe your internal complaint process with contacts, and list the state and federal agencies employees can go to.
Yes. Every employer in Massachusetts must carry it, whatever the number of employees or hours. Without it, the state issues a stop-work order with fines from $100 a day, weekends included.
Appealing raises the fine to $250 a day, though you can stay open during the appeal. Criminal charges of up to a year in jail or a $1,500 fine are possible. You must also tell each new hire in writing that you carry coverage.
Restaurants must display the state-approved food allergen poster in the staff area, print "Before placing your order, please inform your server if a person in your party has a food allergy" on menus and menu boards, and have a certified food protection manager on staff who holds a Massachusetts allergen awareness certificate.
The allergen awareness certificate is valid for five years and is posted. Local boards of health usually enforce these rules. Required allergen training is working time, so it is paid; see the wages page.
Yes, if it seats 25 or more. An employee trained in a state-approved choke-saving procedure must be on the premises whenever food is served, and the restaurant keeps a list of trained employees and carries insurance covering them.
We found no statewide requirement in the Alcoholic Beverages Control Commission's guidance. Local licensing boards can make training a condition of a liquor license, and insurers often ask for it, so check with your city or town's licensing board.
Your restaurant remains the employer of record and approves payroll and employment decisions. BOHO is not a PEO, a staffing agency, or legal counsel. These answers describe the rules; they don’t decide how they apply to your restaurant. Headcount, entity structure and the exact facts of a shift can change the answer, so confirm anything that affects pay with the agency, an employment attorney or your tax adviser.
