Massachusetts Minimum Wage and Overtime Exemptions




Executive exemption

Massachusetts minimum wage law exempts bona fide executive employees from its overtime requirements. MA Laws 151-1A(3) To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation. MA Regs. 27.03(3).



Administrative exemption

Massachusetts minimum wage law exempts bona fide administrative employees from its overtime requirements. MA Laws 151-1A(3) To qualify for the administrative employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation. MA Regs. 27.03(3).




Professional exemption

Massachusetts minimum wage law exempts bona fide professional employees from its overtime requirements. MA Laws 151-1A(3) To qualify for the professional employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulation. MA Regs. 27.03(3).



Outside salesman exemption

Massachusetts minimum wage law exempts outside salesman from its overtime requirements; however, Massachusetts does not define the criteria for an employee to be deemed a [exemption] employee. MA Laws 151-1A(4) The standards set forth by the federal Fair Labor Standards Act regarding outside sales employees may provide reasonable guidance.



Computer employee exemption

Massachusetts minimum wage law does exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage and overtime requirements. Because Massachusetts minimum wage law does not address computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, the standards set forth by the federal Fair Labor Standards Act related to computer systems analyst, computer programmer, software engineer, or other similarly skilled workers would likely apply.



Other minimum wage and overtime exemptions

Massachusetts does not exempts any individuals working for an employer from both its minimum wage and overtime requirements.



Overtime only exemptions

Massachusetts exempts the following individuals from its overtime requirements. Employers are required to comply with any minimum wage requirements for these employees.

    • janitors or caretakers of residential property who, when furnished with living quarters, are paid not less than $30 per week;
    • golf caddies;
    • newsboys;
    • child actors or performers;
    • outside buyers;
    • fishermen or individuals who employed in the catching or taking of any kind of fish, shellfish, or other aquatic forms of animal and vegetable life;
    • switchboard operators in a public telephone exchange;
    • drivers or helpers on a truck with respect to whom the federal Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the federal Motor Carrier Act, the Interstate Commerce Act, or the Railway labor Act;
    • employees of businesses or specified operations of a business which are carried on during a period or accumulated periods of no more than 120 days in any year, and determined by the commissioner to be seasonal in nature;
    • seamen;
    • employees of an employer licensed and regulated pursuant to MA Laws 159A;
    • employees of hotels, motels, motor courts, or like establishments;
    • employees of gasoline stations;
    • employees of restaurants;
    • garagemen, which does not include parking lot attendant;
    • employees of hospitals, sanitoriums, convalescent or nursing homes, infirmaries, rest homes, or charitable homes for the aged;
    • employees of non-profit schools or colleges;
    • employees of summer camps operated by a non-profit charitable corporations
    • laborers engaged in agriculture and farming on a farm; and
    • employees of amusement parks containing a permanent aggregation of amusement devices, games, shows, and other attractions operated during a period or accumulated periods of no more than 150 days in any one year.

ML Laws 151-1A.