{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.9.html"}],"law_id":77484,"edition_id":1,"section_id":77484,"structure_id":12778,"section_number":"40.1-28.9","catch_line":"(Effective July 1, 2030) Definitions; determining wage of tipped employee","history":"1975, c. 530; 1976, c. 442; 1977, c. 432; 2007, cc. 816, 832; 2012, cc. 476, 507; 2014, c. 734; 2019, cc. 330, 331; 2020, cc. 1145, 1146, 1147, 1204, 1242; 2023, c. 782.","full_text":"A\n\nAs used in this article:\n\t\t\t“Adjusted state hourly minimum wage” means the amount established by the Commissioner pursuant to subsection F of \u00a7 40.1-28.10.\n\t\t\t“Domestic service” means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs.\n\t\t\t“Employee” includes any individual employed by an employer. “Employee” includes a home care provider. “Employee” does not include the following:1\n\nAny person employed as a farm laborer or farm employee;2\n\nAny person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer-employee does not, in fact, exist or where the services rendered to such organization are on a voluntary basis;3\n\nCaddies on golf courses;4\n\nTraveling salesmen or outside salesmen working on a commission basis; taxicab drivers and operators;5\n\nAny person under the age of 18 in the employ of his parent or legal guardian;6\n\nAny person confined in any penal or corrective institution of the Commonwealth or any of its political subdivisions or admitted to a state hospital or training center operated by the Department of Behavioral Health and Developmental Services;7\n\nAny person employed by a summer camp for boys, girls, or both boys and girls;8\n\nAny person under the age of 16, regardless of by whom employed;9\n\nStudents participating in a bona fide educational program;10\n\nAny person who is less than 18 years of age and who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week;11\n\nAny person of any age who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school and is in a work-study program or its equivalent at the institution at which he is enrolled as a student;12\n\nAny person who works as a babysitter for fewer than 10 hours per week;13\n\nAny person participating as an au pair in the U.S. Department of State’s Exchange Visitor Program governed by 22 C.F.R. § 62.31;14\n\nAny individual employed as a temporary foreign worker as governed by 20 C.F.R. Part 655; and15\n\nAny person who is exempt from the federal minimum wage pursuant to 29 U.S.C. § 213(a)(3).\n\t\t\t\t“Employer” includes any individual, partnership, association, corporation, or business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. “Employer” includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.\n\t\t\t\t“Federal minimum wage” means the minimum wage or, if applicable, the federal training wage prescribed by the U.S. Fair Labor Standards Act, 29 U.S.C. § 201 et seq.\n\t\t\t\t“Home care provider” means an individual who provides (i) home health services, including services provided by or under the direct supervision of any health care professional under a medical plan of care in a patient’s residence on a visit or hourly basis to patients who have or are at risk of injury, illness, or a disabling condition and require short-term or long-term interventions, or (ii) personal care services, including assistance in personal care to include activities of a daily living provided in an individual’s residence on a visit or hourly basis to individuals who have or are at risk of an illness, injury, or disabling condition.\n\t\t\t\t“Tipped employee” means an employee who in the course of employment customarily and regularly receives tips totaling more than $30 each month from persons other than the employee’s employer.\n\t\t\t\t“Wages” means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value. “Wages” includes the reasonable cost to the employer of furnishing meals and lodging to an employee if such board or lodging is customarily furnished by the employer and used by the employee.B\n\nIn determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer. In such case, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount. An employer shall not classify an individual as a tipped employee if the individual is prohibited by applicable federal or state law or regulation from soliciting tips.","order_by":null,"text":{"0":{"id":277947,"text":"As used in this article:\n\t\t\t“Adjusted state hourly minimum wage” means the amount established by the Commissioner pursuant to subsection F of \u00a7 40.1-28.10.\n\t\t\t“Domestic service” means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs.\n\t\t\t“Employee” includes any individual employed by an employer. “Employee” includes a home care provider. “Employee” does not include the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":277948,"text":"Any person employed as a farm laborer or farm employee;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":277949,"text":"Any person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer-employee does not, in fact, exist or where the services rendered to such organization are on a voluntary basis;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":277950,"text":"Caddies on golf courses;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":277951,"text":"Traveling salesmen or outside salesmen working on a commission basis; taxicab drivers and operators;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":277952,"text":"Any person under the age of 18 in the employ of his parent or legal guardian;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":277953,"text":"Any person confined in any penal or corrective institution of the Commonwealth or any of its political subdivisions or admitted to a state hospital or training center operated by the Department of Behavioral Health and Developmental Services;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":277954,"text":"Any person employed by a summer camp for boys, girls, or both boys and girls;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":277955,"text":"Any person under the age of 16, regardless of by whom employed;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":277956,"text":"Students participating in a bona fide educational program;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":277957,"text":"Any person who is less than 18 years of age and who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":277958,"text":"Any person of any age who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school and is in a work-study program or its equivalent at the institution at which he is enrolled as a student;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":277959,"text":"Any person who works as a babysitter for fewer than 10 hours per week;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":277960,"text":"Any person participating as an au pair in the U.S. Department of State’s Exchange Visitor Program governed by 22 C.F.R. § 62.31;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":277961,"text":"Any individual employed as a temporary foreign worker as governed by 20 C.F.R. Part 655; and","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":277962,"text":"Any person who is exempt from the federal minimum wage pursuant to 29 U.S.C. § 213(a)(3).\n\t\t\t\t“Employer” includes any individual, partnership, association, corporation, or business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. “Employer” includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.\n\t\t\t\t“Federal minimum wage” means the minimum wage or, if applicable, the federal training wage prescribed by the U.S. Fair Labor Standards Act, 29 U.S.C. § 201 et seq.\n\t\t\t\t“Home care provider” means an individual who provides (i) home health services, including services provided by or under the direct supervision of any health care professional under a medical plan of care in a patient’s residence on a visit or hourly basis to patients who have or are at risk of injury, illness, or a disabling condition and require short-term or long-term interventions, or (ii) personal care services, including assistance in personal care to include activities of a daily living provided in an individual’s residence on a visit or hourly basis to individuals who have or are at risk of an illness, injury, or disabling condition.\n\t\t\t\t“Tipped employee” means an employee who in the course of employment customarily and regularly receives tips totaling more than $30 each month from persons other than the employee’s employer.\n\t\t\t\t“Wages” means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value. “Wages” includes the reasonable cost to the employer of furnishing meals and lodging to an employee if such board or lodging is customarily furnished by the employer and used by the employee.","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"B"},"16":{"id":277963,"text":"In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer. In such case, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount. An employer shall not classify an individual as a tipped employee if the individual is prohibited by applicable federal or state law or regulation from soliciting tips.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A15"}},"ancestry":[{"id":12778,"edition_id":1,"name":"Virginia Minimum Wage Act","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219913,"object_type":"structure","relational_id":12778,"identifier":"1.1","token":"40.1\/3\/1.1","url":"\/40.1\/3\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63013,"structure_id":12778,"section_number":"40.1-28.10","catch_line":"Minimum wages","url":"\/40.1-28.10\/","token":"40.1\/3\/1.1\/40.1-28.10","metadata":false},{"id":53960,"structure_id":12778,"section_number":"40.1-28.11","catch_line":"Penalties","url":"\/40.1-28.11\/","token":"40.1\/3\/1.1\/40.1-28.11","metadata":false},{"id":56539,"structure_id":12778,"section_number":"40.1-28.12","catch_line":"Employee's remedies","url":"\/40.1-28.12\/","token":"40.1\/3\/1.1\/40.1-28.12","metadata":false},{"id":74676,"structure_id":12778,"section_number":"40.1-28.8","catch_line":"Short title","url":"\/40.1-28.8\/","token":"40.1\/3\/1.1\/40.1-28.8","metadata":false},{"id":77484,"structure_id":12778,"section_number":"40.1-28.9","catch_line":"(Effective July 1, 2030) Definitions; determining wage of tipped employee","url":"\/40.1-28.9\/","token":"40.1\/3\/1.1\/40.1-28.9","metadata":false}],"previous_section":{"id":74676,"structure_id":12778,"section_number":"40.1-28.8","catch_line":"Short title","url":"\/40.1-28.8\/","token":"40.1\/3\/1.1\/40.1-28.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-28.9\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 530 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 442; in 1977, chapter 432; in 2007, chapters 816<\/a> and 832<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2014, chapter 734<\/a>; in 2019, chapters 330<\/a> and 331<\/a>; in 2020, chapters 1145<\/a>, 1146<\/a>, 1147<\/a>, 1204<\/a>, and 1242<\/a>; in 2023, chapter 782<\/a>.<\/p>","references":false,"refers_to":[{"id":63013,"section_number":"40.1-28.10","catch_line":"Minimum wages","order_by":null,"url":"\/40.1-28.10\/"}],"permalink":{"id":219931,"object_type":"law","relational_id":77484,"identifier":"40.1-28.9","token":"40.1\/3\/1.1\/40.1-28.9","url":"\/40.1-28.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.9\/","token":"40.1\/3\/1.1\/40.1-28.9","dublin_core":{"Title":"(Effective July 1, 2030) Definitions; determining wage of tipped employee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this article:\n\t\t\t“Adjusted state hourly minimum wage<\/span>” means the amount established by the Commissioner<\/span> pursuant to subsection F of \u00a7 40.1-28.10<\/a>.\n\t\t\t“Domestic service<\/span>” means services related to the care of an individual in a private home or the maintenance of a private home or its premises, on a permanent or temporary basis, including services performed by individuals such as companions, cooks, waiters, butlers, maids, valets, and chauffeurs.\n\t\t\t“Employee<\/span>” includes any individual employed by an employer<\/span>. “Employee<\/span>” includes a home care provider<\/span>. “Employee<\/span>” does not include the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person employed as a farm laborer or farm employee<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer<\/span>-employee<\/span> does not, in fact<\/span>, exist or where the services rendered to such organization are on a voluntary basis; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Caddies on golf courses; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Traveling salesmen or outside salesmen working on a commission<\/span> basis; taxicab drivers and operators; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any person under the age of 18 in the employ<\/span> of his parent or legal guardian; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any person confined in any penal or corrective institution of the Commonwealth or any of its political subdivisions or admitted to a state hospital or training center operated by the Department<\/span> of Behavioral Health and Developmental Services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any person employed by a summer camp for boys, girls, or both boys and girls; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any person under the age of 16, regardless of by whom employed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Students participating in a bona fide educational program; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any person who is less than 18 years of age and who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any person of any age who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school and is in a work-study program or its equivalent at the institution at which he is enrolled as a student; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any person who works as a babysitter for fewer than 10 hours per week; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Any person participating as an au pair in the U.S. Department<\/span> of State’s Exchange Visitor Program governed by 22 C.F.R. § 62.31; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any individual employed as a temporary foreign worker as governed by 20 C.F.R. Part 655; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Any person who is exempt from the federal minimum wage<\/span> pursuant to 29 U.S.C. § 213(a)(3).\n\t\t\t\t“Employer<\/span>” includes any individual, partnership, association, corporation, or business trust or any person or group of persons acting directly or indirectly in the interest of an employer<\/span> in relation to an employee. “Employer<\/span>” includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.\n\t\t\t\t“Federal minimum wage<\/span>” means the minimum wage or, if applicable, the federal training wage prescribed by the U.S. Fair Labor Standards Act, 29 U.S.C. § 201 et seq.\n\t\t\t\t“Home care provider<\/span>” means an individual who provides (i) home health services, including services provided by or under the direct supervision of any health care professional under a medical plan of care in a patient’s residence on a visit or hourly basis to patients who have or are at risk of injury, illness, or a disabling condition and require short-term or long-term interventions, or (ii) personal care services, including assistance in personal care to include activities of a daily living provided in an individual’s residence on a visit or hourly basis to individuals who have or are at risk of an illness, injury, or disabling condition.\n\t\t\t\t“Tipped employee<\/span>” means an employee who in the course of employment customarily and regularly receives tips totaling more than $30 each month from persons other than the employee’s employer<\/span>.\n\t\t\t\t“Wages<\/span>” means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value. “Wages<\/span>” includes the reasonable cost to the employer<\/span> of furnishing meals and lodging to an employee if such board<\/span> or lodging is customarily furnished by the employer<\/span> and used by the employee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining the wage of a tipped employee<\/span>, the amount paid such employee by his employer<\/span> shall be deemed to be increased on account of tips by an amount determined by the employer<\/span>, except in the case of an employee who establishes by clear and convincing evidence<\/span> that the actual amount of tips received by him was less than the amount determined by the employer<\/span>. In such case, the amount paid such employee by his employer<\/span> shall be deemed to have been increased by such lesser amount. An employer<\/span> shall not classify an individual as a tipped employee<\/span> if the individual is prohibited by applicable federal or state law<\/span> or regulation from soliciting tips. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2030) DEFINITIONS; DETERMINING WAGE OF TIPPED EMPLOYEE (\u00a7\n40.1-28.9)\n\nA. As used in this article:\n\t\t\t“Adjusted state hourly minimum wage” means the amount established\nby the Commissioner pursuant to subsection F of \u00a7 40.1-28.10.\n\t\t\t“Domestic service” means services related to the care of an\nindividual in a private home or the maintenance of a private home or its\npremises, on a permanent or temporary basis, including services performed by\nindividuals such as companions, cooks, waiters, butlers, maids, valets, and\nchauffeurs.\n\t\t\t“Employee” includes any individual employed by an employer.\n“Employee” includes a home care provider. “Employee”\ndoes not include the following:\n\n 1. Any person employed as a farm laborer or farm employee;\n\n 2. Any person engaged in the activities of an educational, charitable,\n religious, or nonprofit organization where the relationship of\n employer-employee does not, in fact, exist or where the services rendered to\n such organization are on a voluntary basis;\n\n 3. Caddies on golf courses;\n\n 4. Traveling salesmen or outside salesmen working on a commission basis;\n taxicab drivers and operators;\n\n 5. Any person under the age of 18 in the employ of his parent or legal\n guardian;\n\n 6. Any person confined in any penal or corrective institution of the\n Commonwealth or any of its political subdivisions or admitted to a state\n hospital or training center operated by the Department of Behavioral Health\n and Developmental Services;\n\n 7. Any person employed by a summer camp for boys, girls, or both boys and\n girls;\n\n 8. Any person under the age of 16, regardless of by whom employed;\n\n 9. Students participating in a bona fide educational program;\n\n 10. Any person who is less than 18 years of age and who is currently enrolled\n on a full-time basis in any secondary school, institution of higher education,\n or trade school, provided that the person is not employed more than 20 hours\n per week;\n\n 11. Any person of any age who is currently enrolled on a full-time basis in\n any secondary school, institution of higher education, or trade school and is\n in a work-study program or its equivalent at the institution at which he is\n enrolled as a student;\n\n 12. Any person who works as a babysitter for fewer than 10 hours per week;\n\n 13. Any person participating as an au pair in the U.S. Department of\n State’s Exchange Visitor Program governed by 22 C.F.R. § 62.31;\n\n 14. Any individual employed as a temporary foreign worker as governed by 20\n C.F.R. Part 655; and\n\n 15. Any person who is exempt from the federal minimum wage pursuant to 29\n U.S.C. § 213(a)(3).\n \t\t\t\t“Employer” includes any individual, partnership, association,\n corporation, or business trust or any person or group of persons acting\n directly or indirectly in the interest of an employer in relation to an\n employee. “Employer” includes the Commonwealth, any of its\n agencies, institutions, or political subdivisions, and any public body.\n \t\t\t\t“Federal minimum wage” means the minimum wage or, if\n applicable, the federal training wage prescribed by the U.S. Fair Labor\n Standards Act, 29 U.S.C. § 201 et seq.\n \t\t\t\t“Home care provider” means an individual who provides (i) home\n health services, including services provided by or under the direct\n supervision of any health care professional under a medical plan of care in a\n patient’s residence on a visit or hourly basis to patients who have or\n are at risk of injury, illness, or a disabling condition and require\n short-term or long-term interventions, or (ii) personal care services,\n including assistance in personal care to include activities of a daily living\n provided in an individual’s residence on a visit or hourly basis to\n individuals who have or are at risk of an illness, injury, or disabling\n condition.\n \t\t\t\t“Tipped employee” means an employee who in the course of\n employment customarily and regularly receives tips totaling more than $30 each\n month from persons other than the employee’s employer.\n \t\t\t\t“Wages” means legal tender of the United States or checks or\n drafts on banks negotiable into cash on demand or upon acceptance at full\n value. “Wages” includes the reasonable cost to the employer of\n furnishing meals and lodging to an employee if such board or lodging is\n customarily furnished by the employer and used by the employee.\n\nB. In determining the wage of a tipped employee, the amount paid such employee\nby his employer shall be deemed to be increased on account of tips by an amount\ndetermined by the employer, except in the case of an employee who establishes by\nclear and convincing evidence that the actual amount of tips received by him was\nless than the amount determined by the employer. In such case, the amount paid\nsuch employee by his employer shall be deemed to have been increased by such\nlesser amount. An employer shall not classify an individual as a tipped employee\nif the individual is prohibited by applicable federal or state law or regulation\nfrom soliciting tips.\n\nHISTORY: 1975, c. 530; 1976, c. 442; 1977, c. 432; 2007, cc. 816, 832; 2012, cc.\n476, 507; 2014, c. 734; 2019, cc. 330, 331; 2020, cc. 1145, 1146, 1147, 1204,\n1242; 2023, c. 782.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}