94 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP qualify as “drivers’ helpers” under the Massachusetts exemption because these employees fit within the Commonwealth’s broad definition of the term.536 c. Massachusetts Common Carrier Exemption In addition to the Commonwealth’s motor carrier exemption, Massachusetts also exempts employees of businesses “licensed and regulated pursuant to chapter [159A]” from its overtime requirements.537 This additional exemption covers common carriers operating some passenger vehicles, including public transportation, charters, and other for-hire passenger vehicles.538 The SJC has held that this exemption applies to all employees of an employer licensed and regulated pursuant to the Massachusetts common carrier statute, irrespective of whether the employees are performing licensed work.539 4. Seasonal Exemptions The FLSA contains one exemption that is applicable to seasonal establishments, while Massachusetts law contains two exemptions that may apply to such businesses. The requirements of the federal and state exemptions overlap but are not identical. In addition, while the FLSA exempts such establishments from both its minimum wage and overtime requirements, Massachusetts law provides an exemption only from overtime payments. Therefore, unless an employee qualifies for a separate exemption from minimum wage under state law, seasonal employers must pay their employees at least the Massachusetts minimum wage for all hours worked. a. Federal Seasonal Exemption The FLSA exempts employees of certain amusement or recreational establishments that operate on a seasonal basis from both its minimum wage and overtime requirements.540 To qualify, the establishment must be both recreational and seasonal.541 An amusement or recreational facility is one that the public frequents for its amusement or recreation.542 Whether a business meets this criteria depends on the employer’s principal activities and not on the nature of the work performed by the employee.543 536 See 29 C.F.R. § 782.2(b)(3); DLS Opinion Letter MW-2003-005 (Mar. 17, 2003). 537 M.G.L. ch. 151, § 1A(11). 538 See M.G.L. ch. 159A, § 1. 539 See Casseus v. Eastern Bus Co., Inc., 478 Mass. 786, 795-803 (2018). 540 29 U.S.C. § 213(a)(3). 541 See, e.g., Chen v. Major League Baseball Properties, Inc., 798 F.3d 72, 82 (2d Cir. 2015) (to qualify for Section 213(a)(3) exemption, employer must prove that establishment is (1) seasonal and (2) a recreational or amusement establishment). 542 See Hill v. Delaware N. Cos. Sportservice, 838 F.3d 281, 290 (2d Cir. 2016) (quoting 29 C.F.R. § 779.385); see also Jeffrey v. Sarasota White Sox, Inc., 64 F.3d 590, 595 (11th Cir. 1995). 543 See Gibbs v. Montgomery Cnty. Agric. Soc’y, 140 F. Supp. 2d 835, 843-44 (S.D. Ohio 2001).
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