Current through Register 1531, September 27, 2024
(1)
Student Workers.
(a)
The Director may issue to any hospital or laboratory a waiver permitting
payment of not less than 80% of the basic minimum wage to students whose
employment for wages is part of a formal training program for such period of
time as shall be fixed by the Director and stated in the waiver.
(b) The Director may issue to any
bona fide educational institution, a waiver permitting payment
of not less than 80% of the basic minimum wage, to students enrolled in and
employed by said institutions for such period of time as shall be fixed by the
Director and stated in the waiver.
(c) The Director may issue to any
establishment which has been granted non-profit status under the Internal
Revenue Code a waiver permitting payment of not less than 80% of the basic
minimum wage to minors attending secondary school who work part-time in
hospital wards, school and college dining rooms and dormitories, where the
ratio of one minor to five adult persons working in these areas is maintained,
for such period of time as shall be fixed by the Director and stated in the
waiver.
(2)
Seasonal Camp Counselors and Counselor Trainees. The
Director may, in accordance with M.G.L. c. 151, § 7, issue to any seasonal
camp a waiver permitting payment of less than the minimum wage to seasonal camp
counselors or counselor trainees for such period of time as shall be fixed by
the Director and stated in the waiver. In order to receive a waiver, a camp
must provide to DLS information regarding the seasonal nature of the business,
the sub-minimum wage sought, and whether the camp will provide food and lodging
to the employees, and the number of counselors for whom a waiver is sought. An
employee shall be considered a seasonal camp counselor or counselor trainee if
the employee is directly involved in camp programming and camper supervision. A
waiver of the basic minimum wage shall not apply to employees who work as dish
washers, kitchen workers, maintenance workers, life guards or other jobs that
do not entail the direct supervision of campers. Seasonal camps seeking a
minimum wage exemption must apply annually for a waiver from the
Director.
(3)
Special
Certificate.
(a) No person whose
earning capacity has been impaired may be paid less than the basic minimum wage
unless and until the employer obtains from the Director a special certificate
in accordance with the provisions of M.G.L. c. 151, § 9.
(b) The special certificate may be granted
for a period not to exceed 24 months. The employer must obtain a special
certificate for each work site where the employer will assign
workers.
(c) The Director shall
prescribe the application form and supporting documentation required to obtain
a special certificate permitting the employer to pay an employee with a
disability less than the minimum wage. A special certificate will not be issued
unless the employer submits a current Certificate Authorizing Special Minimum
Wage Rates under the Fair Labor Standard Act, § 214(c) issued by the U.S.
Department of Labor, and all other documentation the Director may
require.
