Employer Minimum Wage Waivers

(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.