© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 195 D. Posting the Special Minimum Wage Paid to Employees with Disabilities As discussed in Section II.D, both Massachusetts and federal law allow employers to pay a special, lower minimum wage to workers with disabilities.1233 This group includes those whose “productive capacity” is impaired by physical or mental disability, age, or injury.1234 In order to qualify for the special minimum wage, an employer must first obtain a certificate issued by the Massachusetts Commissioner of Health and Human Services.1235 After receiving the Commissioner’s permission, the employer must post a notice from the DOL explaining the special minimum wage.1236 The poster—which is also available in Braille and in audio form— must be displayed in an area of the workplace that is readily visible to the disabled employees, their parents or guardians, and other workers.1237 The poster explains that employers must review special wages at least every six months and recalculate them whenever the general minimum wage increases.1238 It also summarizes the laws regarding overtime, youth employment, fringe benefits, and the petitioning process for contesting a special wage.1239 The DOL’s wage and hour complaint hotline prominently appears at the bottom of the poster.1240 1233 29 C.F.R. § 525.1; M.G.L. ch. 151, § 9. 1234 Disabilities Poster, supra note 360. 1235 M.G.L. ch. 151, § 9. 1236 29 C.F.R. § 525.14. 1237 Id. Where an employer finds it inappropriate to post such a notice, the employer may satisfy this requirement by providing the poster directly to all employees subject to its terms. 1238 Disabilities Poster, supra note 360. 1239 Id. 1240 Id.
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