• In Massachusetts, labor laws regulate the work of waiters and waitresses.state house massachusetts image by Stephen Orsillo from Fotolia.com
  
  Throughout the U.S., employees rights are protected through various labor laws sponsored by the federal government. In addition to federal laws, states government's have also created laws protecting workers, though particular protections vary according to the kind of labor being performed. In Massachusetts, waitresses/servers and restaurant employers are subject to a number of labor laws created by the state government.
  
  

Minimum Wage

• Minimum wage in the state of Massachusetts is $8.00 an hour as of August, 2010. This is $0.75 more an hour than required by the federal government. However, when it comes to tipped labor, which serving is considered to be by the state and federal government, the minimum wage drops significantly to $2.63 per hour. This is because, particularly with serving, it is assumed the individual working will, in actuality, make more than minimum wage once tips are factored in. Servers must receive more than $20 a month in tips for employers to use this minimum wage. Additionally, any server being paid a wage lower than $8.00 an hour must be informed of this in advance and must make at least minimum wage once all tips and hours are factored in.
  
  

Overtime Pay

• Many workers in Massachusetts are also guaranteed overtime pay of regular wages plus one half for every hour worked over 40 in a week. However, as with the standard minimum wage law, this labor law doesn't apply to servers (or any other restaurant workers) in Massachusetts.
  
  

Worker's Compensation

• Unlike other states in the U.S., employers in Massachusetts are required by law to carry worker's compensation insurance to cover workers injured while on the job. Worker's compensation covers injured employees by helping to pay for medical costs, as well as by providing monetary payments in lieu of lost wages. While the restaurant service industry isn't an overly-dangerous line of work, Massachusetts labor laws also require restaurant employers to carry worker's compensation for employees. Waitresses and servers must be notified of an employer's worker's compensation insurance carrier. Additionally, a poster informing employees of coverage must be clearly visible in the workplace at all times. If it is not, as of August, 2010, employers are subject to a $100 fine.
  
  

Age

• Labor laws in Massachusetts also restrict the minimum age that all waitresses and servers must be to be employed within the state. Nobody under the age of 14 may work at all (with a few exceptions). However, even though persons aged 14-years-old to 17-years-old may technically work in food service, minors (those under 18 years of age) are not legally allowed to sell liquor or alcohol in Massachusetts. Thus, any restaurant or business that serves alcohol may not employee minors as servers/waitresses. And, even if an establishment does not sell alcohol, a minor may not work more than a certain number of hours a day (nine) or past 10:00 p.m., which doesn't fit into the schedules of many restaurants.