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Mandatory Meetings Massachusetts

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  • Mandatory Meetings Massachusetts

    If an employer holds a mandatory meeting is it true that you must be paid for 3 hours at minimum wage (we are servers and only make $2.63/hr)

  • #2
    No, it's not.

    If an employer holds a mandatory meeting that he tells you will be three hours and sends you home after one, then you need to be paid for three hours. But if he tells you the meeting will be one hour and it is, indeed, one hour, you only need to be paid for one hour.

    MA has a reporting pay law, meaning that if you report to work (including mandatory meetings) and are sent home without having completed your scheduled shift, you are entitled to up to three hours pay for that time. MA does not have a minimum shift law, meaning that there is no law requiring that you be paid for x number of hours regardless of the length of time you are scheduled for.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Are you paid your hourly rate, ie $2.63 or minimum wage???

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      • #4
        That is complicated. $2.63/hr is the federal sub-minimum wage associated with the "tip credit". While paying you the sub-minimum wage for a meeting is not inherent illegal, all time spent on non-tip work needs to fall under the 20% limit

        http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf
        Dual Jobs: When an employee is employed concurrently in both a tipped and a non-tipped occupation, the tip credit is available only for the hours spent in the tipped occupation. The Act permits an employer to take the tip credit for time spent in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips, provided such duties are incidental to the regular duties and are generally assigned to such occupations. Where tipped employees are routinely assigned to maintenance, or where tipped employees spend a substantial amount of time (in excess of 20 percent) performing general preparation work or maintenance, no tip credit may be taken for the time spent in such duties.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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