Massachusetts Minimum Wage

If you work in Massachusetts, you’re entitled to at least a minimum hourly wage decided by the state. If your employer pays you less than this rate, you have legal standing to sue for compensation. At Lemberg Law, we’re committed to getting you the wages you deserve.

Currently, the Massachusetts minimum wage is $15 per hour except for certain classes of employees. This piece will describe some of these exemptions and what their wages are.

Minimum Wage Rates

In Massachusetts, the current minimum wage is $15 per hour. This wage rate comes from a deal that increased the Massachusetts minimum wage over the last 5 years (Massachusetts Laws and Regulations about Minimum Wage). Moreover, the Massachusetts minimum wage will never be less than $0.50 greater than the federal wage.

The minimum wage for tipped workers is also $15 but split into two portions (see below). There are, however, some exceptions to the $15-an-hour rule. These exceptions include:

• Agricultural workers ($8 is the minimum wage for most agricultural workers).
• Employees of religious orders.
• Workers training in certain non-profit, educational, or religious organizations.
• Outside salespeople (Massachusetts’s Attorney General’s Poster on Employment Laws).
• Municipal employees are paid the federal minimum wage of $7.25.

Minimum Wage Rates for Tipped Workers

According to Massachusetts state law, a tipped worker is an employee who receives more than $20 in tips monthly. These workers earn their pay through an hourly service rate (or Minimum Cash Wage) and tips. The hourly service rate is the amount paid to the worker per hour. The tips and hourly rate must add up to $15. If they don’t, the employer pays the difference. States call this difference a Tip Credit for Tipped Employees’ Minimum Wage.

• The Minimum Cash Wage is $8.25 and
• The Maximum Tip Credit is $6.75.

The employee should either keep all tips or distribute them through a valid tip pool and system. According to Massachusetts’s Attorney General’s Poster on Employment Laws, owners; employers; and managers cannot take your tips.

Exempt Employees in Massachusetts

Certain employees are known as “exempt employees” and are salaried weekly. These employees make decisions based on personal judgment rather than following defined protocols that specify a narrow range of tasks. An exempt employee must spend most of their day executing these “exempt duties” (e.g. hiring, firing, promoting, etc.).

An exempt employee’s weekly salary should be at least $455 under the Fair Labor Standards Act. The minimum weekly salary will rise to $844 on July 1, 2024, and to $1128 on January 1, 2025.

Employer Violations of Exempt Employees

Because of their fixed weekly pay, exempt employees do not receive overtime pay, even if they work more than 40 hours per week. In total, an exempt employee’s weekly pay is roughly equal to someone who works 30 hours per week at minimum wage.

Employers often incorrectly classify workers as exempt employees to pay them less and to avoid paying them overtime. It’s important to know if your employer is exploiting you in this way so that you can get the pay you’re owed. If you think you’ve fallen victim to this scheme, Lemberg Law is here to help you get your money back. Call us today for a free consultation!

What We Can Do To Help You

At Lemberg Law, our expert and experienced wage protection team is committed to getting you your fair wages. Just call the Lemberg Law hotline or fill out a contact form. After that, we will evaluate your case for free. Get in touch with us today to win back the wages you’re owed.