Janitors and caretakers of residential property must get at least the basic minimum wage

THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
DEPARTMENT OF LABOR STANDARDS

CHARLES D. BAKER RONALD L. WALKER, II
GOVERNOR SECRETARY

KARYN E. POLITO JEAN ZEILER
LIEUTENANT GOVERNOR ACTING DIRECTOR

    February 27, 2015

    MW-2015-02-02.27.15

    The Department of Labor Standards (DLS) has been asked to make a determination on
    whether summer camps may pay janitors and caretakers a sub-minimum wage under
    M.G.L. c. 151, §7. Section 7 provides that the DLS Director (formerly Commissioner)
    may establish wage rates, and that rates may not fall below specified amounts for
    particular types of employment. The DLS Director does not establish rates below the
    minimum wage for janitors and caretakers. Janitors and caretakers are entitled to at least
    the basic minimum wage, whether or not they work in a residential property, and even if
    they are furnished with living quarters.

    The minimum wage regulation sets forth the standards for permissible deductions for
    lodging and meals if the employee is paid at least the minimum wage for all hours
    worked. 454 CMR 27.05(2) and (3). 454 CMR 27.05(2) requires that the lodging must
    meet the standards of housing under 105 CMR 410.000.

    Please do not hesitate to contact this office if you have any questions.

    [illegible in source]
    Director/General Counsel

    cc: Jocelyn Jones, Deputy Chief & Special Counsel for Fair Labor Policy, Fair Labor
    Division, Office of the Massachusetts Attorney General

Footnote:

1. Department of Public Health regulations provide that a recreational camp need not meet
   the standards of 105 CMR 410.000 if it meets the standards of 105 CMR 430.000. If the
   recreational camp does not meet the standards of 410.000, it may not take the lodging
   deduction set forth in the minimum wage regulation at 454 CMR 27.05(2).