Massachusetts General Laws

Mass. Gen. Laws ch. 151, § 7 (2026)

Investigation and classification of employments; establishment of minimum fair wage rates; exceptions; overtime

✓ current as of July 2026
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Section 7. The commissioner may, and upon the petition of fifty or more citizens of the commonwealth shall, undertake such investigation as may be required to ascertain whether any substantial number of persons in any occupation are receiving oppressive and unreasonable wages, as defined in section one. The commissioner may, subsequent to such investigation, differentiate and classify employments in any occupation according to the nature of the service rendered and recommend appropriate minimum fair wage rates for different classes of employment. The commissioner may establish minimum fair wage rates varying with localities if in its judgment conditions make such local differentiation proper and will not cause unreasonable discrimination against any locality. The commissioner may establish a suitable scale of rates for learners and apprentices in any occupation or occupations, which scale of learners' and apprentices' rates may be less than the regular minimum fair wage rates established for experienced persons in such occupation or occupations, provided that in a retail, merchandising or laundry establishment such scale of learners' and apprentices, rates shall apply only to the first eighty hours during which such learner or apprentice is employed.

The commissioner shall not establish minimum fair wage rates below $1.85 per hour, except for learners, apprentices and ushers, ticket sellers and ticket takers whose minimum fair wage rates shall not be below $1.25, and except for janitors and caretakers of residential property, who, when furnished with living quarters, shall be paid a wage of not less than $36 per week, and except for services as golf caddies, and except for service people who customarily and regularly receive more than $20 a month in tips.

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $6.75; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1; provided, however, that an employer shall calculate the amount required by clause (2) at the completion of each shift worked by the employee, with payments to the employee to be consistent with section 148 of chapter of 149. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

The commissioner may establish overtime rates for all hours worked in excess of forty hours in any week.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1995–2025 · leading case: Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020).
Waithaka v. Amazon.com, Inc., 966 F.3d 10 (1st Cir. 2020). “This anti-waiver provision states that "[n]o person shall by a special contract with an employee or by any other means exempt himself from" Section 150, which, in turn, provides the statutory right to pursue Wage Act and 16 In his claim concerning the Minimum Wage Law, Waithaka…”
Meshna v. Scrivanos, 471 Mass. 169 (Mass. 2015). “10 As noted, all of the plaintiffs were paid at least the statutory minimum wage; we are not called upon here to consider circumstances governed by G. L. c. 151, § 7, pursuant to which an employer may pay a “tipped employee” an hourly wage that is lower than the statutory…”
Saad v. Jolo, Inc. d/b/a Hurricane Betty's (D. Mass. 2022). · cites it 4× “This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be…”
Mongue v. The Wheatleigh Corp. (D. Mass. 2021). · cites it 3× “151, § 7 , paragraph three; whether Defendants paid Servers a Service Rate that is less than the Basic Minimum Wage; whether Defendants took a Tip Credit; whether Defendants operated a valid tip pool; whether Servers are engaged in serving food and beverages; whether tips were…”
Cao v. Hungry Pot Dartmouth Inc (D. Mass. 2025). · cites it 2× “187 , 188 (2024) (citing M.G.L. c. 151, § 7). tips (Count VI), in contravention of M.”
Lapointe v. Silko Motor Sales, Inc. (1st Cir. 2020). “This anti-waiver provision states that "[n]o person shall by a special contract with an employee or by any other means exempt himself from" Section 150, which, in turn, provides the statutory right to pursue Wage Act and 16 In his claim concerning the Minimum Wage Law, Waithaka…”
Orth v. J & J & J Pizza, Inc. (D. Mass. 2020). “See Mass. Gen. Laws ch. 151, §7 ; 455 Mass. Code.”
Jiang v. Shogun Japanese Steak House, Inc. (D. Mass. 2022). “, he arrived at Tokyo II to serve Tokyo II and the 4 Count 3 simply alleges a violation of “Massachusetts General Law” for failure to pay the minimum wage; the Court has construed that claim as alleging a violation of Mass. Gen. Laws ch. 151, § 7 , which sets forth the minimum…”
Dagan v. Jewish Cmty. Hous. for the Elderly, 5 Mass. L. Rptr. 36 (Mass. Super. Ct. 1995). · cites it 2× “Exceptions to the Minimum Wage Requirement JCHE contends that to the extent that any or all of the Dagans’ on-call time was subject to the minimum wage requirements of the Act, G.L.c. 151, §7 provides a specific exception for “janitors and caretakers of residential property,…”
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