Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
As cities and towns add seasonal staff, they are reminded that they are obligated to abide by the federal minimum wage, not the state’s higher minimum wage rate, according to guidance from the Department of Labor Standards.
The federal minimum wage is $7.25 per hour. The state minimum wage was increased to $10 per hour on Jan. 1 and is set to increase again to $11 an hour on Jan. 1, 2017.
A 2002 opinion letter from the Department of Labor Standards (“Applicability of M.G.L. c. 151 to Town Employees”) affirms legislative intent to exclude state employees from the state’s minimum wage laws. The department has determined that this applies to public employees working on behalf of municipalities as well.
The opinion letter concludes that public employees fall under the rules and regulations of Chapter 149 of state law, the Labor and Industries chapter, for purposes of minimum wage and overtime, and not Chapter 151, regulating minimum fair wages.
The opinion letter and additional minimum wage information can be found on the Department of Labor Standards’ website (www.mass.gov/lwd/labor-standards/minimum-wage/opinion-letters/2002/021302-applicability-of-mgl-c-151-to.html).