Minimum wage

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Greater Boston Legal Services
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Massachusetts has a $15.00 minimum wage law that applies to most workers. Read this article to learn about your rights in different situations, and what you can do if you get paid less than minimum wage.

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What is the minimum wage in Massachusetts?

Most workers

The minimum wage is $15.00 an hour for most workers.

Service workers

Employers can pay “service workers” $6.75 an hour, but they can only pay you this rate if $6.75/hr plus the tips you make add up to at least $15.00/hr. See Minimum wage for service workers.

Farm workers

The minimum wage for most farm workers is $8.00 an hour.

State and local government workers

The federal minimum wage of $7.25 an hour applies.

Does the minimum wage apply to all workers?

No, people who do some jobs do not have a right to the regular minimum wage. These jobs include:

  • Work by independent contractors. Learn more about whether your employer can legally treat you as an independent contractor.
  • Agricultural and farm work.
  • Work by people in some training programs. These programs must be run by a school, religious group, or charity.
  • Work by members of religious orders.
  • Professional service. And
  • Work by outside salespersons who sell products outside of their office. These are salespersons who do not visit or report to the office daily.
Minimum wage for service workers

Service workers are people who get tips as well as their regular pay. If you are a service worker, your minimum wage is $15.00 an hour. This $15.00 can come from both tips and pay. If your wage plus tips do not add up to $15.00 an hour, your employer must pay you $15.00 an hour.

Employers can pay service workers a “service rate” of at least $6.75 an hour. But you must earn at least $15.00 an hour, on average, in tips plus service rate in a week.

Example

Antoine’s cab company pays him $6.75 an hour. Some weeks he gets less than $8.25 an hour in tips. His employer must raise Antoine’s hourly wage on these weeks to make sure he gets at least $15.00 an hour in wages plus tips.

If you average less than $8.25 an hour in tips in any week, your employer must still pay you enough so that you end up getting $15.00 an hour. Your employer can decide to pool all of the tips together, and then divide the tips among workers. But money from tips can only be given to service workers, and not management.

What if I am under 16, does minimum wage apply to me?

Yes, the minimum wage applies to all workers in Massachusetts. It does not depend on your age.

Do babysitters and housekeepers have to get paid the minimum wage?

Yes. Housekeepers and babysitters are “domestic workers.” Other jobs like cooks, day workers, home health aides and visiting nurses are also domestic worker jobs.

If you are a domestic worker, you must get paid minimum wage.

Learn more about domestic worker rights on the Attorney General website.

Learn more about whether you are considered an independent contractor.

What if I have a disability, do I have a right to a minimum wage?

Yes. Workers with disabilities have a right to the minimum wage. Your employer can only pay workers less than the minimum wage if they have a special certificate. Only the Director of the Department of Labor can give employers this certificate.

If I work as an apprentice, or am learning a new trade or occupation, does my employer have to pay me the minimum wage?

It depends.

Your employer can pay you less than the minimum wage for a short time. The Department of Labor must have approved your employer’s apprenticeship program. The Director of the Department of Labor must give your employer a certificate.

  • Your employer can pay apprentices less than the minimum wage only for the time stated in the certificate.
  • While you are an apprentice, your employer must pay you at least 80% of the minimum wage.
  • Your employer must start paying you the minimum wage as soon as the time period on the certificate is up.
What if I get paid less than minimum wage?

If you get paid less than minimum wage, or your employer is breaking other wage/hour laws, you can file a complaint. The agencies that enforce minimum wage laws can help you get the wages you earned.

Recent minimum wage amounts

Tipped Employees

January 1, 2021 - $13.50
January 1, 2022 - $14.25
January 1, 2023 - $15.00
January 1, 2024 - $15.00

Non-Tipped Employees

January 1, 2021 - $5.55
January 1, 2022 - $6.15
January 1, 2023 - $6.75
January 1, 2024 - $6.75

If you work in Massachusetts, you can contact the Fair Labor Division of the Office of the Massachusetts Attorney General. 

  • Call the Fair Labor Hotline at (617) 727-3465.
  • File a complaint on the Attorney General's website.

If you are a state or local government worker, you can contact the Wage and Hour Division of the U.S. Department of Labor. Call 1-866-487-9243.

Resource Boxes
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Massachusetts Attorney General's Fair Labor Division

U.S. Department of Labor Wage and Hour Division

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