Employee until M.G.L. c. 149, § 148C, is accepted by vote or by appropriation as

provided in Article CXV of the Amendments to the Constitution of the Commonwealth; (c) an employee of a local public employer not covered by the term cities and towns, for example, school committees, including regional schools and educational collaboratives, shall be considered an employee only if M.G.L. c. 149, § 148C, is accepted by vote or appropriation of the prudential bodies governing said entity; (d) a student attending a public or private institution of higher education located in the Commonwealth who is: 1. participating in a federal work-study program or a substantially similar financial aid or scholarship program; 2. providing support services to residents of a residence hall, dormitory, apartment building, or other similar residence operated by the institution at which they are matriculated in exchange for a waiver or reduction of room, board, tuition or other education-related expenses; or 3. exempt from Federal Insurance Contributions Act (FICA) tax pursuant to 26 U.S.C. § 3121(b)(10); (e) a school-aged student under 20 U.S.C. § 1400 et. seq., the Individuals with Disabilities Education Act (IDEA); and (f) an adult client who resides in a Massachusetts licensed program and performs work duties within the program setting as part of bona fide educational or vocational training. Employer. Any individual, corporation, partnership or other private or public entity, including any agent thereof, who engages the services of an employee for wages, remuneration or other compensation, except: (a) the United States government shall not be considered an employer; (b) cities and towns shall be considered employers for the purposes of M.G.L. c. 149, § 148C only if M.G.L. c. 149, § 148C is accepted by vote or by appropriation as provided in Article CXV of the Amendments to the Constitution of the Commonwealth; (c) local public employers not covered by the term cities and towns, for example, school committees, including regional schools and educational collaboratives, shall be considered employers for the purposes of M.G.L. c. 149, § 148C, only if accepted by vote or appropriation of the prudential bodies governing said entity; and (d) notwithstanding M.G.L. c. 15D, § 17, M.G.L. c. 118E, §§ 70 through 75, or any other special or general law to the contrary, the PCA Quality Home Care Workforce Council shall be deemed the Employer of all Personal Care Attendants, as defined in M.G.L. c. 118E, § 70, for purposes of M.G.L. c. 149, § 148C(d)(4), the Department of Medical Assistance shall be deemed the Employer of said Personal Care Attendants for all other purposes under M.G.L. c. 149, § 148C, and the Department of Early Education and Care shall be deemed the Employer of all Family Child Care Providers, as defined in M.G.L. c. 15D, § 17(a), for purposes of M.G.L. c. 149, § 148C. Health Care Provider. (a) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices; or (b) any other person determined by the U.S. Secretary of Labor to be capable of providing health care services under 29 U.S.C. § 2611. Health Care Provider includes: 1. podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the Commonwealth or any other State and performing within the scope of their practice as defined under the General Laws or any other state law; 2. nurse practitioners, nurse-midwives, clinical social workers and physician assistants who are authorized to practice in the Commonwealth or any other State and performing within the scope of their practice as defined under the General Laws or any other State law; 3. Christian Science Practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; 4. any health care provider from whom an employer or the employer's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; and 5. a health care provider listed in 940 CMR 33.02: Health Care Provider(b)1. through 4. who practices in a country other than the United States, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law. Regular Hourly Rate. The amount that an employee is regularly paid for each hour of work. Same Hourly Rate. (a) For employees compensated on an hourly basis, the same hourly rate means the employee's regular hourly rate. (b) For employees who receive different pay rates for hourly work from the same employer, the same hourly rate means either: 1. the wages the employee would have been paid for the hours absent during use of earned sick time if the employee had worked; or 2. the blended rate, determined by taking the weighted average of all regular rates of pay over the previous pay period, month, quarter or other established period of time the employer customarily uses to calculate blended rates for similar purposes. Whatever method the employer elects to determine the same hourly rate, 940 CMR