State Regulations: Massachusetts

Date Revised: 11/24/2013

Governing Body:   Mass. Office of Health and Human Services | Camps - Recreational
 
License Required:   Yes
 
License Information:  

105 CMR 430.00 - Minimum Standards for Recreational Camps for Children

Camps operated by a municipal recreation department are exempt from this licensing requirement. See Advisory to Municipal Boards of Health and Recreation Departments.

 
Criminal Background Checks Required:   Yes
 
Criminal Background Checks Information:  

For both staff and volunteers

Criminal Offender Record Information (CORI)

Department of Criminal Justice Information Services (DCJIS)

Criminal History Systems Board
200 Arlington St.
Suite 2200
Chelsea, MA 02150
ATTN: CORI Unit.
(617) 660-4640

Fees range up to $30 depending on party requesting information

 
State Allows FBI Checks:   No
 
Driving Record Checks:   Request for Driving Record from the Mass. Dept. of Transportation.

$20

 
State Sex Offender Registry:   Massachusetts Sex Offender Registry Board (SORB)
 
Minimum Wage:   $8.00 per hour 

The Massachusetts minimum wage rate automatically increases to 10 cents above the rate set in the Fair Labor Standards Act if the Federal minimum wage equals or becomes higher than the State minimum.

 
Coverage and Exemptions:   Covers all employees unless specifically exempt; Exemptions: professional service employees
 
Subminimum Wage:   Not less than 80% of minimum wage for students, learners, apprentices, and handicapped workers with a special certificate for a fixed period from the Labor Commissioner; applies only to first 80 hours of employment in retail, merchandising, and laundry occupations. Certain minimum rates are set: $1.25/hour for ushers, ticket sellers/takers; $36/week for janitors and caretakers of residential property who are furnished living quarters; $1.60/hour for agricultural workers (except minors under 17 and the employer’s parent, spouse, child, or other immediate family member) and $1.85 for all others.
 
Minimum Wage Source:  

Mass. Ann. Laws ch. 151, §§ 1, 2, 2A, 7, 9

Minimum Wage Regulations 455 CMR 2.00

 
Overtime Pay Requirements:   1½ times regular rate after 40-hour week (sums paid as commissions, drawing accounts, bonuses, or other incentive pay based on sales or production are excluded from both the regular and overtime rate computation).
 
Exemptions:   Employees in a nonprofit charitable summer camp; laborers in agriculture and farming on a farm; employees in a nonprofit school or college; those in a business or seasonal operation carried on not more than 120 days in any ear; those employees exempt from the state minimum wage; janitors or caretakers of residential property who are furnished with living quarters and are paid at least $30 a week; bona fide executives, administrators, or professionals, or qualified trainees earning more than $80 a week; learners, apprentices or handicapped persons under a special license
 
Meal/Rest Period Requirments:   Meal period: 30 minutes after 6 hours of work (violations subject to $300 - $600 fine).
 

Student Exemption from Unemployment Tax?

  Unknown. You can call the Seasonal Employer Certification number for your specific questions. 617-626-5451
     
Other Wages Source:  

Mass. Ann. Laws ch. 136, §§ 6,13

Mass. Ann. Laws ch. 149, §§ 30B, 100, 101

Mass. Ann. Laws ch. 151, § 1A

 
Additional Info:   July 2012: Governor Patrick signs bill to improve water safety for children in the Commonwealth: More Information
 
* Federal minimum wage rate applies

 

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