Mass. blue laws derailing stores’ Black Friday plan

November 15, 2011|By Jenn Abelson, Globe Staff
  • The day after Thanksgiving kicks off holiday shopping, but Mass. retailers arent allowed to gear up on the holiday itself.
The day after Thanksgiving kicks off holiday shopping, but Mass. retailers… (Wiqan Ang for The Boston…)

With the year’s biggest shopping blitz just 10 days away, major retailers across the country have already released their doorbuster deals and crowd-control plans for the Friday after Thanksgiving. But many merchants are scrambling to figure out one crucial detail: what time to open in Massachusetts.

Some chains that had promoted midnight sales are amending their early-bird hours to comply with the state’s 17th-century blue laws. The rules prohibit retail employees from working until the clock strikes 12 a.m. after Thanksgiving - leaving no time for staff to prepare for midnight openings.

In recent days, Walmart, Target, and Macy’s have all retreated from previously announced midnight promotions at their Massachusetts locations. Macy’s now plans a 12:30 a.m. opening on Black Friday, Target is scheduling a 1 a.m. start, and Walmart has pushed its kickoff to 4 a.m.

“The blue laws are clear as mud in Massachusetts,’’ said Jon Hurst, president of the Retailers Association of Massachusetts. “We’ve reminded some of the members informally that you have to be careful about the opening. Not only can you not sell on Thanksgiving, but there are also restrictions on labor working then.’’

Other national chains that have advertised midnight openings here, including Best Buy, Kohl’s, Disney Stores, and Toys “R’’ Us, could not confirm yesterday whether their plans remain in effect.

“Toys ‘R’ Us will fully comply with all Massachusetts laws, and I will update you if there are any changes to our store-opening schedule for Black Friday,’’ said Katelyn Leondi, a spokeswoman.

Wrentham Village Premium Outlets, which several years ago was among the first shopping centers to launch midnight sales, said it will not alter its early Friday start time.

“Wrentham Village Premium Outlets has always taken the proper steps to ensure that its Black Friday opening at 12:01 a.m. is in full compliance with state and local regulations,’’ the center said in a statement.

Apparently, that means employees need only one minute to gird for the onslaught of shoppers on Black Friday, typically the busiest shopping day of the year.

Hurst and officials at the Massachusetts Department of Labor Standards said they have spoken with merchants over the past several days to clarify the rules.

“We’ve gotten a lot of calls from many, many retailers on what the law is,’’ said Patricia DeAngelis, general counsel for the department.

“This agency has not issued a statewide permit to allow retail stores to be open or permit work on Thanksgiving Day or Christmas Day. The spirit of the law and intent is to give people a day off, and that is why this state has exercised that authority in the way it has.’’

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