State employees' overtime is governed by c. 149, not the minimum wage law

Minimum Wage Opinion Letter 01-11-02 - Applicability of M.G.L. c. 151, 1A to State Employees

January 11, 2002

I am writing in response to your request for this Office's written opinion regarding the applicability of M.G.L.
151, §1A, to employees of the Massachusetts Department of . Specifically, you have asked three questions:
1) does M.G.L. c. 151, §1A, or M.G.L. c. 149, §30B, govern overtime for state employees; 2) what is the
statute of limitations on an overtime claim of a state employee; and 3) would *** be liable for attorney's fees
and triple damages under M.G.L. c. 149, §150 (or any other statute) if a plaintiff prevailed on any part of an
overtime claim against ?

In response to your first question, M.G.L. c. 149, §30B, not M.G.L. c. 151, §1A, governs overtime pay for
state employees. Section 1A of M.G.L. c. 151, the Massachusetts Minimum Fair Wage Law, governs the
payment of overtime compensation to employees in an "occupation" as defined by M.G.L. c. 151, §2. Section
1A does not specifically include public employees, and neither does Section 2 in its definition of "occupation."
Generally, the government is not subject to suit without its consent. See e.g. Grenier v. Town of Hubbardston, 7
Mass. App. Ct. 911, rescript (1979). In Grenier, the Massachusetts Appeals Court considered a minimum wage
claim brought against the town by fire department employees. The Court held that the town did not owe the
workers back wages because the "case falls within the rule that statutes regulating persons and occupations
engaged in trade and industry are ordinarily construed not to apply to the Commonwealth or its political
subdivisions unless the Legislature has expressly or by clear implication so provided." Id. at 911.

We note one instance where the Massachusetts Supreme Judicial Court held otherwise in a case brought under
the Massachusetts Equal Pay Act (MEPA). See Jancey v. School Comm. of Everett, 421 Mass. 482 (1995), aff'd
on reh'g, 427 Mass. 603 (1998). In Jancey, the SJC considered the question of whether the statutory definitions
of "employee," "employer," and "employment" could be applied to a public school cafeteria worker despite the
lack of any specific reference to claims brought in the public sector. The Court in that case stated that it would
"not read into [the statutory definitions] an implied exclusion of public employment. If the Legislature had
intended to exclude public employment, it could have done so by express language." Id. at 173. In any event,
the instant case is distinguishable in that there is evidence of legislative intent to exclude state employees from
coverage under M.G.L. c. 151, §1A. By enacting M.G.L. c. 149, §30B, the Legislature evidenced its clear
intent to treat state employees differently, including within §30B different standards for when overtime
compensation must be paid and what occupations are excluded. Therefore, as stated earlier, M.G.L. c. 149,
§30B, not M.G.L. c. 151, §1A, governs overtime pay for state employees.

With regard to your questions two and three, M.G.L. c. 149, §150, does not appear to permit private suit for a
violation of M.G.L. c. 149, §30B. It is unclear how M.G.L. c. 149, §30B should be enforced, or what the
applicable statute of limitations is for such an action.

I hope this information has been helpful. If I can be of any further assistance, please feel free to contact me.

Sincerely,
Lisa C. Price
Legal Counsel