Minimum Wage FAQs

Massachusetts state wage and hour laws include minimum hourly rates of pay. Below are answers to some frequently asked questions about federal and state minimum wage laws.

Does the federal or Massachusetts minimum wage apply?

The Fair Labor Standards Act ("FLSA") sets the federal minimum wage. Many states, including Massachusetts, have set higher minimum hourly rates. If the state wage is higher, that is the wage employers are required to pay in that state.

Why are the minimum wage rates different every year?

Massachusetts law changed to provide for a five year period of minimum wage increases through the year 2023. This will bring the minimum wage up each year until it reaches $15 per hour in 2023. In 2020, the Massachusetts minimum wage is $12.75 per hour.

Are there different minimum wage rates for different kinds of employees?

There are different rates for tipped employees, as well as for certain agricultural employees. The tipped minimum wage law requires that the combination of tips and wages equal at least the minimum hourly rate for all employees. The tipped minimum wage in 2020 is $4.95 per hour.

Do minimum wage laws apply to salaried employees?

The minimum wage laws require employers to pay minimum wage to all employees. If you are salaried, you should divide your weekly salary by the number of hours worked each week. If the result is less than $12.75 per hour, you may be owed additional wages.

Are minimum wage laws the same as overtime laws?

Both are considered wage and hour laws, but they cover different things. You can be exempt from premium pay for overtime under certain circumstances. Nobody is fully exempt from the minimum wage laws, at least under Massachusetts law.

Does "on call" time count for minimum wage?

Under both federal and state law, time that an employee is required to be "on call" or available for work on demand is generally paid time. The exception is if you are not required to be on the work site and if you are effectively free to use the time for your own purposes if there is no call for your services.

Is there an exception for small business from minimum wage laws?

You may be exempted from the federal minimum wage laws if you fall below a certain revenue threshold. But Massachusetts minimum wage applies regardless of the size of your business.

How do you calculate minimum wage for commission only employees?

Employees paid solely in commissions are still entitled to earn the state minimum wage. You should calculate the total you are paid in any given work week, then divide by the number of hours worked. If the hourly amount is less than $12.75 there may be a violation. This is true even if your earnings over a longer period of time equal or exceed minimum wage.

A recent court decision also held that commission-only employees should be paid at 1.5 times minimum wage for work on Sundays, regardless of the amount of commissions paid.

Does the minimum wage law apply to travel time?

Both the minimum wage and overtime laws apply to travel time between job sites in any given day. Generally they do not apply to the employee's time traveling to and from work, or traveling to or from the first and last work location in the day.

Can an employer require waitstaff to share tips?

The law on tipped minimum wage sets specific limits on tip pooling, or requiring tipped employees to share gratuities with other workers. Generally, tips can only be shared with other waitstaff and service bartenders. It is not permissible to require sharing tips with kitchen staff, managers, or the restaurant owner.

What should I do if I think I am being paid below minimum wage?

If you have a concern about minimum wage, you should consult an employment lawyer. You might also consider filing a complaint with the Massachusetts Attorney General's Office. The Attorney General has the authority under the labor laws to investigate minimum wage violations. They can also issue you a private right to sue letter, which is a precondition to bringing any civil action to recover wages.

Can I be fired for complaining about my wages?

If you raise a concern about any wage and hour violation, that is considered protected activity. Under Massachusetts and federal employment law, an employer is not allowed to retaliate against you for asserting a right under the wage and hour laws. This is different from simply asking to be paid more than you are paid. In order to be protected, you have to be claiming that there is a violation of law.

How Can We Help?

We have years of experience representing both employers and employees under the wage and hour laws. You can use the button below to schedule a call back from a member of our team, give us a call at  781-784-2322, or fill out our web form  to let us know a little more about your situation.

Need Help With a Minimum Wage Problem?

Testimonials
​
"Emily, a chief partner, and the two other lawyers at SLN Law who worked on my case were extremely competent and approachable. They were responsive to inquiries and they thoughtfully explained, as needed, complex legal terms. I was very well represented at each stage of a protracted legal case against a major national firm."  Brian R.
​
​"Emily is an incredible resource of knowledge on employment law. She helped guide us on how to structure our employee classifications and made adjustments to our consulting agreements so our business is better protected and positioned. She's both law-savvy and business minded - great asset to have when launching/growing a business."  Diana B.

"SLN represented me in a complicated employment-related dispute. What could have been a prolonged nightmare for me was handled swiftly and skillfully, and with fairness and dignity."  Smita N.​

"Long overdue public words of gratitude for Emily and her associates' work on my behalf. They were so very respectful of me during an emotionally and financially ridden time -- and that mattered more than the positive result. May all clients have such advocates on their sides!" Donna B.

"Emily Smith Lee handled my age discrimination case against my former employer. She was thorough and professional throughout the whole legal process. Due to her knowledge and efforts we came to an out of court financial settlement with a victory. I would highly recommend Emily to anyone as an extremely competent attorney." Mark B.

"After more than a year of discrimination and harassment in my previous position at a teaching hospital, I was finally at the point when I knew I needed help, otherwise I could break. Thus, I started to search Massachusetts Employment regulations, and one of my Google searches brought me to an advertisement for Emily E. Smith-Lee’s book “Rules of the Road. What You Need to Know About Employment Laws in Massachusetts.” It was my lucky day, and the start of my road out of the continued misery in my workplace... I would like sincerely to thank them both for their excellent job, and emotional support and encouragement. If you feel harassed, bullied, or discriminated against, Emily and Jack are the ones who will go out of their way to help you."  Valentina W.