© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 29 employees on an hourly basis must review the sub-minimum wages paid to these employees every six months. Wages for all employees with disabilities must be adjusted yearly to reflect changes in the prevailing wages paid to experienced non-disabled individuals doing the same type of work in the same geographic area.173 Exemptions from Massachusetts and Federal Minimum Wage Requirements Massachusetts Law Federal Law Volunteers Same as federal law Must satisfy six-factor test: 1. Nature of entity receiving services 2. Worker’s expectation of receiving benefit from the work 3. Less than full-time occupation 4. No regular employees are displaced 5. Freedom from pressure or coercion 6. Services are typically associated with volunteer work Interns/Trainees Two requirements: 1. The employer must be a charitable, educational, or religious institution 2. The seven-factor primary beneficiary test under federal law. Seven-factor “primary beneficiary” test, but no single factor is determinative: 1. Whether or not expectation of compensation 2. Training is similar to that which would be given in an educational environment 3. Whether tied to the intern’s formal education program 4. Whether the internship accommodates the intern’s academic commitments 5. Whether internship’s duration is limited 6. Whether the intern’s work complements, rather than displaces, the work of paid employees 7. No entitlement to a paid job at the conclusion of the internship 173 29 C.F.R. § 525.9(b).
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