Effective January 1, 2016: $10.00 per hour*
M.G.L. chapter 151, sections 1, 2 and 7
Who is Covered
The $10.00 minimum wage applies to all employees except those being rehabilitated or trained in charitable, educational, or religious institutions; members of religious orders; agricultural, floricultural, and horticultural workers**; those in professional service, outside salespersons not reporting to or visiting their office daily and public employees***. Tipped employees (meaning those who receive more than $20 a month in tips) may be paid a service rate of $3.35 per hour. However, if a tipped employee does not receive $10.00 per hour after tips are included, the employer must make up the difference.
*The minimum wage rate will increase again in 2017, to $11.00 per hour. The service rate will increase to $3.75, respectively.
**Effective January 1, 2015, the agricultural workers minimum wage is $8.00 per hour.
***Public employees are covered by the Federal Fair Labor Standards Act (FLSA). For more information, visit the U.S. Department of Labor website at: http://www.dol.gov/WHD.
For further information regarding the Massachusetts minimum wage, contact the Massachusetts Division of Labor Standards at (617) 626-6952.
Payment of Wages
Employers must pay their employees within six days of the end of the pay period during which the wages were earned if the individual was employed for five or six days during the pay period. If the employee was employed for seven days or a period of less than three days, the employee must be paid no later than seven days from the end of the pay period.
Discharged (fired or laid off) employees must be paid all wages due and owing on the day of termination. Employees who voluntarily terminate their own employment must be paid all wages due and owing by no later than the next regular pay day. The term "wages" includes all vacation time earned under the employer's written or oral policy.
All employers must furnish a pay slip or check stub showing the employer's name, employee's name, date, number of hours worked, hourly rate of pay and amounts of deductions or increases made for the pay period.
Under Mass. General Laws, c.149, s.152A, an employer may require service employees, wait staff, and service bartenders to pool their tips, provided that the funds are distributed to other service employees, service bartenders, or wait staff only. Total proceeds of a tip or service charge billed to a customer by an employer must be remitted only to wait staff employees, service employees, or service bartenders in proportion to the service provided by those employees. Under no circumstances may management employees or owners receive any portion of their employees' tips.