Who is Covered by the Massachusetts Wage Act?

The Massachusetts Wage Act applies to all employees in the Commonwealth of Massachusetts, with a few limited exceptions.  There is no minimum number of employees required for an employer to be covered.

The limited exceptions are:

• Employees of publicly supported hospitals or charitable hospitals
• Employees of a co-operative association if they are a shareholder in the association
• Employees of the state who are not "mechanics, workmen or laborers: or employed in a penal or charitable institution run by the state
• Bona fide independent contractors

Note, however, that in order to be outside of the Wage Act as an independent contractor, hour employer must meet all of the requirements of the Independent Contractor statute, which are:

• You must be free from control and direction in your work
• You must be in the business of providing similar services to others
• The services you provide must be outside of and different from the core business of the employer.

If all three of those things are not true, the Wage Act should apply to you even if your employer claims you are an independent contractor.

Learn more here about the Massachusetts Wage and Hour Laws.

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