Minimum Wage Laws in Massachusetts
Massachusetts Minimum Wage: Stay Informed and CompliantThe Massachusetts minimum wage has consistently surpassed the federal minimum wage, and recent changes in state law have further widened the gap. This upward trend in the Massachusetts minimum wage is set to continue through 2023, making it essential for both employers and employees to stay informed and compliant with these evolving regulations.
Below, we offer a concise overview of Massachusetts minimum wage rules to help you get started. How Much is the Minimum Wage in MassachusettsThe minimum wage represents the lowest hourly rate an employer can legally pay its employees. While the federal minimum wage, established by the Fair Labor Standards Act (FLSA), currently stands at $7.25 per hour, Massachusetts mandates a higher minimum wage rate. State law prevails when it dictates a rate above the federal minimum.
In Massachusetts, the minimum wage is currently $15.00 per hour, effective at the beginning of 2023. Tipped employees, such as waitstaff and bartenders, receive a lower hourly wage, with the expectation that tips will bridge the gap to reach the minimum wage. Agricultural and farming employees in Massachusetts are also subject to a reduced minimum wage, currently set at $8.00 per hour. It's worth noting that minimum wage requirements apply differently to employee travel time, depending on the specific circumstances. Minimum Wage Law Violations: Protecting Employee RightsMassachusetts takes the enforcement of state minimum wage laws seriously. Employers found in violation can be subject to legal action. In the event of a violation, employers are required to pay three times the unpaid wages to the affected employee. Moreover, they must cover the employee's legal fees and associated costs.
Reporting wage violations initiates the process, with complaints first directed to the Massachusetts Attorney General. While the Attorney General may investigate, they commonly issue a "right to sue" letter to the employee. To file a civil suit and recover unpaid wages, this document is a prerequisite, underscoring the importance of promptly submitting the Attorney General complaint if you believe you are owed wages. Massachusetts Minimum Wage and Small BusinessThe wage increases over the past several years have understandably raised concerns among small business owners, as payroll constitutes a significant portion of their expenses. While the percentage-based rise over five years is substantial, it's crucial to recognize the potential ramifications of paying below the minimum wage in Massachusetts.
Falling short in wage compliance can lead to dire consequences, including triple damages for employees, coverage of their legal fees, and expenses incurred in defending your business. Staying informed about annual minimum wage adjustments is essential. Additionally, factors such as commission-based employees, tip pooling regulations for waitstaff and bartenders, and the application of minimum wage laws to salaried employees may impact your obligations. |
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Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
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At slnlaw, we are committed to helping businesses and employees navigate the complexities of minimum wage regulations. Stay informed, comply with the law, and ensure the financial health of your business by partnering with our expert team. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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