Massachusetts Minimum Wage Frequently Asked Questions
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Massachusetts state wage and hour laws include minimum hourly rates of pay. These rates have been changing over the last five years, and apply differently to some different kinds of employees. Below are answers to some frequently asked questions about federal and state minimum wage laws.
1. Which Minimum Wage Applies - Federal or Massachusetts?The federal Fair Labor Standards Act ("FLSA") sets the federal minimum wage, but Massachusetts has its own minimum hourly rates, which are higher. If the state minimum wage is greater, employers are required to pay that rate within the state.
2. Are There Different Minimum Wage Rates for Different Employee Types?Yes, there are varying rates for tipped employees and certain agricultural workers. Tipped employees must receive enough tips and wages combined to meet or exceed the minimum hourly rate. For example, the current tipped minimum wage is $6.75 per hour.
3. Do minimum wage laws apply to salaried employees?Minimum wage laws apply to all employees, including salaried workers. To determine if your earnings meet the minimum wage requirement, divide your weekly salary by the number of hours worked each week. If the result is less than $15.00 per hour, additional wages may be owed.
4. Does "on call" time count for minimum wage?Generally, time spent "on call" or available for work on demand is considered paid time under federal and state law. However, if you are not required to be on the work site and can use the time for personal purposes when not called for work, it may not be compensable.
5. Is there an exception for small business from minimum wage laws?Massachusetts minimum wage laws apply to businesses of all sizes. While there may be federal exemptions based on revenue thresholds, the state's minimum wage requirements are universal.
6. How is Minimum Wage Calculated for Commission-Only Employees?Commission-only employees must earn at least the state minimum wage. Calculate your total earnings in a workweek, then divide by the number of hours worked. If the resulting hourly amount is less than $15.00, a violation may exist, even if your total earnings over a longer period meet or exceed minimum wage.
7. Does Minimum Wage Law Apply to Travel Time?Both the minimum wage and overtime laws apply to travel time between job sites within a workday. However, these laws generally do not cover time spent commuting to and from work or between the first and last job locations of the day.
8. Can Employers Mandate Tip Sharing Among Waitstaff?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.
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9. What Should I Do If I Suspect I'm 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 you will need before bringing any civil action to recover wages.
10. Can I Face Retaliation for Wage Complaints?
Under Massachusetts and federal employment law, raising concerns about wage and hour violations is protected activity. Employers are prohibited from retaliating against employees who assert their rights under wage and hour laws, provided the claims involve alleged violations of law. This protection differs from merely requesting higher pay.
Meet Our Employment Lawyers
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.
How We Can Help
Our experienced team is here to provide expert guidance on Massachusetts minimum wage laws. Whether you have questions about wage rates, exemptions, or need assistance with a wage dispute, we're dedicated to helping you navigate the complexities of employment law. 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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