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  • Acts
  • 1999
  • Chapter 47 AN ACT INCREASING THE MINIMUM WAGE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Section 1 of chapter 151 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words "five dollars and twenty-five cents" and inserting in place thereof the following figure:- $6.00.

SECTION 2. Said section 1 of said chapter 151 is hereby further amended by striking out the figure "$6.00", inserted by section 1, and inserting in place thereof the following figure:- $6.75.

SECTION 3. Said section 1 of said chapter 151, as appearing in the 1998 Official Edition, is hereby further amended by adding the following sentence:- Notwithstanding the provisions of this section, in no case shall the minimum wage rate be less than $.10 higher than the effective federal minimum rate.

SECTION 4. Section 7 of said chapter 151, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following two paragraphs:-

The commissioner shall not establish minimum fair wage rates below $1.85 per hour, except for learners and apprentices, and except for ushers, ticket sellers and ticket takers whose minimum fair wage rates shall not be below $1.25, and except for janitors and caretakers of residential property, who, when furnished with living quarters, shall be paid a wage of not less than $36 per week, and except for services as golf caddies, and except for service people who customarily and regularly receive more than $20 a month in tips.

In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than the cash wage required to be paid such an employee on July 1, 1999; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.

SECTION 5. The joint committee on commerce and labor shall conduct a study of establishing a minimum wage rate for entry level workers under 19 years of age. The committee shall file the results of its study, together with drafts of legislation, if necessary, with the clerk of the house of representatives on or before the third Wednesday in December, 1999.

SECTION 6. Section 1 of this act shall take effect on January 1, 2000.

SECTION 7. Section 2 of this act shall take effect on January 1, 2001.

Approved August 11, 1999.