Boston small business owners with employees follow Massachusetts rules on pay and sick time, and the state’s Boston small business minimum wage is $15.00 an hour for most workers. This guide summarizes what the state’s official pages say about the minimum wage, tipped pay, overtime and earned sick time. It is general information, not legal advice, and it covers state requirements only. Owners should confirm details with the agencies named below.
Boston Small Business Minimum Wage: The State Rules
According to the Massachusetts law library, the minimum wage has been $15.00 per hour since Jan. 1, 2023, and the service rate for tipped workers is $6.75. The page notes that the 2023 increase was the last step of a five-year deal and that further increases must be approved by the legislature or by voters through a ballot question.
- The minimum wage covers full-time and part-time employees alike.
- Exceptions include most agricultural workers (who have an $8.00 minimum), members of a religious order, workers in certain training programs at educational, nonprofit or religious organizations, and outside sales people.
- The federal minimum is $7.25, but the state says workers covered by both laws are entitled to the higher rate.
The Department of Labor Standards’ minimum wage and overtime page adds that tipped employees must receive at least $6.75 an hour provided their tips bring them to at least $15 an hour. Most employees must also be paid one and a half times their regular rate for hours worked over 40 in a week.
Earned Sick Time for Boston Employers
Most workers in Massachusetts can earn and use up to 40 hours of job-protected sick time a year, the state’s earned sick time page says, and must earn at least one hour for every 30 hours worked. The size of the employer decides whether that time is paid:
- Employers with 11 or more employees must provide paid sick time.
- Employers with fewer than 11 employees must provide earned sick time, but it does not need to be paid.
- Under the statute, all full-time, part-time and temporary employees count toward the 11-employee threshold.
The law, M.G.L. c. 149 § 148C, says employees begin accruing time on their date of hire but cannot use it until the 90th calendar day of employment. After that, they can use it as it accrues.
Using Sick Time: Notice, Proof and Policies
The state says workers may use earned sick time when they are ill or injured, for a routine medical appointment, or for the same reasons involving a child, spouse, parent or spouse’s parent. It can also be used to deal with domestic violence involving the worker or their children. Since Nov. 21, 2024, it can be used for pregnancy loss or failed assisted reproduction, adoption or surrogacy.
Workers may have to tell their employer before using sick time, except in an emergency. Employers can ask for a doctor’s note or other documentation only in limited cases, such as when an employee misses more than three consecutive workdays, and may not ask for details about the illness. An employer may use its own sick leave or paid time off policy as long as it provides the same benefits and protections the law requires, or better.
Employers must post the state’s Notice of Employee Rights in the workplace and either give each worker a copy or include the sick time policy in a handbook or manual. The state offers the notice in several languages, along with a sample policy and a verification form.
Where to Get Help
The state’s pages list two contacts. The Attorney General’s Fair Labor Hotline is (617) 727-3465, Monday to Friday, 10 a.m. to 4 p.m. The Department of Labor Standards’ minimum wage hotline is (617) 626-6951. Employees who believe a wage or sick time law was broken can file a complaint with the Attorney General.
For the business side of staffing costs, see our coverage of the Boston FY27 budget, and our guide to opening a restaurant in Boston for the licensing steps that come before hiring.