What You Need to Know About the Minimum Wage Laws in Massachusetts
The minimum wage laws can differ between states. Here’s everything you need to know about the laws regarding minimum wage.
The minimum wage is the smallest amount of money an employee can be paid for their work. While the federal government has its own standard of minimum wage, employees are entitled to the higher amount. However, there are exceptions to Massachusetts’ minimum wage.
What is Massachusett’s Minimum Wage?
The standard minimum wage in Massachusetts is $14.25 per hour. While the federal minimum wage is $7.25 per hour, non-exempt employees who are subject to both federal and state laws are entitled to the higher amount.
What is the Minimum Wage for Tipped Employees?
Tipped employees who make more than $20 a month can be paid $6.15 per hour. However, the employee must be notified in writing of this rate. If the employee’s wage and tips do not add up to at least $14.24 an hour, the employer must pay the standard minimum wage.
Related: What is Partial Comparative Negligence?
Does the Minimum Wage Apply to all Workers in Massachusetts?
No, some workers are not entitled to the standard minimum wage. These include:
- Independent Contractors.
- Agricultural and farm workers.
- Work by people in some training programs. This only applies to programs run by a school, religious program, or charitable organization.
- Work by members of religious orders.
- Professional service.
- Work by outside salespeople who sell products outside an office. This only applies to salespeople who do not regularly report or visit an office.
What is Considered an Independent Contractor?
A worker will be considered an independent contractor if they:
- Work on and off.
- Control their own schedule.
- Work for several employers.
A worker cannot be considered an independent contractor if:
- An employer supervises the work.
- An employer required the workers to follow instructions on how to do the work.
What is the Minimum Wage for Agricultural and Farm Workers?
Any agricultural or farm work must be paid at least $8 an hour. This is subject to decrease if the employee is under 17 years old or a child, parent, spouse or other member of the employer’s immediate family.
Are Children Required to be Paid the Standard Minimum Wage?
Yes, children are subject to the same pay rate as adults.
Do Baby Sitters and Housekeepers Get Paid Minimum Wage?
Yes, baby sitters and housekeepers fall under “domestic workers”. This means they are entitled to the standard state minimum wage.
Related: What is Comparative Negligence?
Can People With Disabilities Recieve Minimum Wage?
Employers are required to pay people with disabilities minimum wage.
Can the Minimum Wage be Waived?
There are waivers employers can file with the Department of Labor to pay certain employees less than the minimum wage.
People with Disabilities
An employer may request to pay employees with disabilities less if either of the following apply:
- The employee’s earning capacity is impaired by their age or physical or mental deficiency or injury
- The employee is certified by the secretary of health and human services or their designee as a handicapped person.
Employers may file a waiver to pay minor employees less than minimum wage if all of the following apply :
- The employee attends secondary school.
- The employee works part-time at a hospital ward or school or college dining room or dormitory where there is one minor to 5 adults working.
Employers must pay not less than 80% of the basic minimum wage.
Employers may file a minimum wage waiver for students who both attend and are employed by an educational Institution. Student employees may not be paid less than 80% of the standard minimum wage.
Employers may file a minimum wage waiver for student employed by a hospital or laboratory. Student trainees may not be paid less than 80% of the standard minimum wage.
Are Employers Required to Give Weekend. Holiday or Night Pay?
Employers are not required by Massachusetts law to pay extra for weekend, holiday, or night work. However, some retailers are required to give premium pay for Sundays and certain holidays.
Is Minimum Wage Different Per County?
All counties in Massachusetts required the same minimum wage.
When Will Minimum Wage Increase?
Massachusetts minimum wage is subject to increase to $15.00 an hour on January 1st, 2023.
If you or a loved one would like to learn more about Massachusetts Minimum Wage Laws, get your free consultation with one of our Employment Attorneys in Massachusetts today!