Minimum wage opinion letters

Fact-specific interpretations of the minimum fair wage law.

Minimum wage opinion letters by year

2023 Opinion Letters

• April 14, 2023  Intern Primary Beneficiary Test Opinion Letter

2020 Opinion Letters

• April 2, 2020  Agricultural Overtime Opinion

2019 Opinion Letters

• May 8, 2019  Commissions may not be credited toward overtime obligations

2018 Opinion Letters

• January 23, 2018  Seasonal camps no longer need camp counselor minimum wage waivers

2016 Opinion Letters

• July 13, 2016  Anti-retaliation provision of minimum wage law
• August 29, 2016  Courtesy shuttle services to place of work

2015 Opinion Letters

• January 7, 2015  Seasonal camp counselors (Rescinded)
• February 27, 2015  Residential property

2012 Opinion Letters

• November 12, 2012  Shift supervisors did not qualify as ‘‘wait staff’’ eligible to participate in tips pools

2011 Opinion Letters

• January 27, 2011  Wage deduction was special contract and, thus, violated provision of wage act
• March 14, 2011  Respiratory therapists and overtime
• May 9, 2011  Request for opinion letter regarding educational internship program

2010 Opinion Letters

• September 13, 2010  Live in health care workers: regarding sleeping and meal break time
• March 11, 2010  Compensable time
• February 3, 2010  Workweek and "three-hour rule"

2009 Opinion Letters

• January 26, 2009  "Three-hour rule"/reporting pay
• September 9, 2009  Truck driver overtime pay exemption
• December 10, 2009  Compensation for pre-employment screening program
• December 21, 2009  Commissioned employees and overtime pay compensation (Rescinded)

2008 Opinion Letters

• January 8, 2008  Service charges and minimum wage
• January 18, 2008  Required physical exams
• April 26, 2008  Recordkeeping
• July 14, 2008  Highly-compensated employees
• July 21, 2008  Definition of workweek

2007 Opinion Letters

• June 19, 2007  Travel time stipend
• July 9, 2007  Reporting pay provision "three-hour rule"
• September 24, 2007  Seasonal business overtime waiver

2006 Opinion Letters

• March 10, 2006  Hotel overtime exemption
• June 12, 2006  Prevailing wage and overtime

2005 Opinion Letters

• February 3, 2005  Seasonal business overtime waiver
• April 27, 2005  Meal breaks and unauthorized working time

2004 Opinion Letters

• December 16, 2004  Teachers and salary basis test

2003 Opinion Letters

• February 6, 2003  Recordkeeping
• February 10, 2003  Applicability of M.G.L. c. 151 to vocational program
• March 14, 2003  Opinion Letter MW-03.14.03 Rescinded, See Massachusetts Supreme Judicial Court’s (SJC) 2019 decision, Sullivan v. Sleepy’s
• March 17, 2003  Applicability of M.G.L. c. 151, s.1A(8)
• May 16, 2003  Commuting in employer-supplied vehicles
• August 1, 2003  Deductions and hours worked
• August 5, 2003  Meal breaks and working time
• August 11, 2003  Volunteer work
• November 10, 2003  Patient workers in community program
• November 24, 2003  Service rate during wait staff training

2002 Opinion Letters

• January 11, 2002  Applicability of M.G.L. c. 151, 1A to state employees
• January 25, 2002  Dual rate structure for same work in overtime hours
• February 13, 2002  Applicability of M.G.L. c. 151 to town employees
• February 20, 2002  Students in certain vocational training programs
• February 26, 2002  Applicability of M.G.L. c. 151, s.1A to truck loaders
• March 7, 2002  Commuting time
• April 2, 2002  Daily overtime in bid specifications
• April 17, 2002  Travel time: out-of-state
• April 23, 2002  School bus drivers for chartered trips
• April 30, 2002  Car dealership mechanics and overtime
• May 6, 2002  On-call time and the three-hour rule
• May 6, 2002  Travel time - riding on company trucks
• May 9, 2002  Applicability of M.G.L. c. 151 to certain job skills training program
• June 4, 2002  Meetings and the three-hour rule
• June 5, 2002  Holiday pay and overtime
• June 28, 2002  Split shifts - waiting and travel time
• July 19, 2002  Applicability of M.G.L. c. 151 to live-in home health aide
• August 6, 2002  Applicability of M.G.L. c. 151, s. 1A(8)
• August 9, 2002   Applicability of M.G.L. c. 151 to volunteer work
• August 12, 2002  On-call With a pager
• August 12, 2002  Applicability of M.G.L. c. 151 to volunteer work
• December 16, 2002  Applicability of M.G.L. c. 151, s. 1A(4) and (8)

2001 Opinion Letters

• October 9, 2001  Travel time to alternate work site
• November 19, 2001  Overtime at alcohol/drug treatment center
• November 19, 2001  Students employed in cooperative education program
• November 19, 2001  Retail overtime pay on Sunday (rescinded)
• November 27, 2001  Blended wage overtime calculation
• December 26, 2001 regularly scheduled part time work arrangements of less than three hours a day compensated on an hour for hour basis

2000 Opinion Letters

• August 9, 2000  Meal Breaks
• October 13, 2000  Employees regularly scheduled under 3 hours