Massachusetts General Laws
Mass. Gen. Laws ch. 151, § 9 (2026)
Certificate authorizing employment at less than minimum fair wage rates
✓ current as of July 2026
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Section 9. For any occupation within the scope of the minimum fair wage law, the commissioner may cause to be issued to an employer of any learner, or of an employee under an approved apprentice training program, or of an employee whose earning capacity is impaired by age or physical or mental deficiency or injury, or of an employee who is certified by the secretary of health and human services or his designee as a handicapped person, a special certificate authorizing employment at such wages, less than the established minimum fair wage rates, and for such period of time, as shall be fixed by the commissioner and stated in the certificate.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1994–2023 · leading case: Everett v. 357 Corp., 21 Am. Disabilities Cas. (BNA) 1362 (Mass. 2009).
Everett v. 357 Corp., 21 Am. Disabilities Cas. (BNA) 1362 (Mass. 2009). “See G. L. c. 151, § 9; 42 U.S.C. § 2000e-5(e) (same for ADA claims).”
Rosemond v. Stop & Shop Supermarket Co., 456 F. Supp. 2d 204 (D. Mass. 2006). ““Based upon the legislative mandate that chapter 151 B must be construed liberally to effectuate its purposes, see Mass. Gen. Laws ch. 151, § 9 , the [Massachusetts Supreme Judicial Court (‘SJC’) ] has endorsed a rule that holds employers strictly liable for supervisory…”
Spears v. Miller, 2006 Mass. App. Div. 151 (Mass. Dist. Ct., App. Div. 2006). “7 (1994) (G.L.c. 151, §9(1) provides that statutory redress for employment termination in violation of public policy is exclusive).”
Schutz v. Go Ahead Vacations, Inc., 10 Mass. L. Rptr. 573 (Mass. Super. Ct. 1999). “151, §§1A and IB gives her a claim under G.L.c. 151, §9(1), not a common law claim for termination in violation of public policy.”
Dunn v. Langevin, 492 Mass. 374 (Mass. 2023). “298 , 303 (2018) ("Absent a timely MCAD complaint, a plaintiff is barred from filing a Superior Court action under G. L. c. 151, § 9"). Cf. Charland v. Muzi Motors, Inc.”
Romero v. McCormick & Schmick Restaurant Corp. (D. Mass. 2020). “With Chapter 151B’s textual differences and its dictate that courts construe its provisions liberally in order to give effect to its intended purpose, M.G.L. c. 151, § 9, “the SJC ‘frequently do[es] not follow the reasoning of Federal appellate decisions applying Title VII.”
Glowacki-bishop v. W. & S. Fin. Grp., Inc. (D. Mass. 2021). “7 (1994) (G.L. c. 151, § 9(1) provides that statutory redress for employment termination in violation of public policy is exclusive); Robinson, 71.”
Lucas v. Muro Pharm., Inc., 3 Mass. L. Rptr. 113 (Mass. Super. Ct. 1994). “Muro moves to dismiss all of Lucas’s claims on the grounds that (1) Lucas’s discrimination claims based on race are time barred pursuant to G.L.c. 151, §9 and 28 U.S.C. §1367 (d), (2) Lucas failed to exhaust her administrative remedies with respect to the claims alleging sex…”
Mass. Gen. Laws ch. 151, § 9(1): 3 cases
Spears v. Miller, 2006 Mass. App. Div. 151 (Mass. Dist. Ct., App. Div. 2006). “7 (1994) (G.L.c. 151, §9(1) provides that statutory redress for employment termination in violation of public policy is exclusive).”
Schutz v. Go Ahead Vacations, Inc., 10 Mass. L. Rptr. 573 (Mass. Super. Ct. 1999). “151, §§1A and IB gives her a claim under G.L.c. 151, §9(1), not a common law claim for termination in violation of public policy.”
Glowacki-bishop v. W. & S. Fin. Grp., Inc. (D. Mass. 2021). “7 (1994) (G.L. c. 151, § 9(1) provides that statutory redress for employment termination in violation of public policy is exclusive); Robinson, 71.”
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