Massachusetts Minimum Wage Law

This workplace notice is issued in accordance with the provisions of Massachusetts General Laws [M.G.L. c. 151, §16] and the Code of Massachusetts Regulations [455 C.M.R. §2.03(8)], which require that employers post it in a conspicuous location.

MASSACHUSETTS MINIMUM WAGE

Effective January 1, 2008—$8.00 per hour

WHO IS COVERED

The minimum wage applies to all employees who work in the occupations as defined in Chapter 151. There are some occupations that are exempt from minimum wage. M.G.L. c. 151, §7. Employees may contact their employers or the Fair Labor and Business Practices Division for a list of exemptions.

SERVICE (tipped) EMPLOYEES

Effective January 1, 1997—$2.63 per hour

OVERTIME

Employees working more than 40 hours in any work week must be paid at least 1 ½ times their regular rate of pay. 455 C.M.R. §2.02(4), 2.03(3). Some occupations are exempt from these overtime provisions. Examples include: executives, fishermen, outside salespersons, and employees of nonprofit schools and colleges. M.G.L. c. 151, §1A. Employees may check with their employer or the Fair Labor and Business Practices Division for a list of exemptions.

SPECIAL SUBMINIMUM WAGES

Special subminimum wages may apply to certain types of employees, such as learners, apprentices, and student employees. 455 C.M.R. §2.03(5-7). Please check to see if you fall within one of the employment categories.

MINIMUM DAILY HOURS

An employee who, by request or permission of the employer, reports for duty on any day at the time set by the employer, regardless of whether actual work is assigned, shall be paid for at least 3 hours at not less than the applicable minimum wage. 455 C.M.R. §2.03(1)(a). For exceptions to this requirement, contact the Fair Labor and Business Practices Division.

EMPLOYEE STATUS

A bona fide employee may not have his or her status as an employee changed to that of a non-employee by contract or other arrangement. M.G.L. c. 151§19(4).

ANTI-KICKBACKS

An employee shall not, by agreement or coercion, be required to give back to the employer minimum wages earned or to accept less than the full amount of wages due. M.G.L. c. 151 §19(5).

EMPLOYER RECORDS

Employers are required to keep true and accurate payroll records for at least two years after the entry date for the record. These records must contain, at a minimum, the name, address, social security number, and occupation of each employee, as well as the amount paid to each employee each pay period and the hours worked each day and week by each employee. These records must be furnished upon request. M.G.L. c. 151, §15, 455 C.M.R. §2.03(9).

NON-DISCRIMINATION

An employer shall neither discriminate against nor discharge an employee for making a complaint alleging a violation of the Minimum Fair Wage Law, or because the employer believes that an employee might file a complaint, or for testifying in any investigation or proceeding relating to the Massachusetts Fair Wage Law. M.G.L. c. 151, §19(1), 455 C.M.R. §2.03(13).

QUESTIONS OR COMPLAINTS

Questions regarding the Massachusetts Fair Wage Law or complaints of alleged violations should be directed to the Office of the Attorney General, Fair Labor and Business Practices Division at any of the following offices:

200 Portland Street, Boston, MA 02114,
Telephone: 617-727-3476

165 Liberty Street, Springfield, MA 01103
Telephone: 413-784-1128

184 North Street, Pittsfield, MA 01201
Telephone: 413-447-7324, Ext. 314

105 William Street, First Floor, New Bedford, MA 02740
Telephone: 508-990-9700

One Exchange Place, Worcester, MA 01608
Telephone: 508-792-7600