Section 2: Definitions

389 words·~2 min read·/ma/part-i/title-xxi/chapter-151/2

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Section 2. The following words and phrases as used in this chapter shall have the following meanings, unless the context clearly requires otherwise:

''A fair wage'', a wage fairly and reasonably commensurate with the value of the service or class of service rendered. In establishing a minimum fair wage for any service or class of service under this chapter the commissioner without being bound by any technical rules of evidence or procedure

(1)may take into account the cost of living and all other relevant circumstances affecting the value of the service or class of service rendered,

(2)may be guided by like considerations as would guide a court in a suit for the reasonable value of services rendered where services are rendered at the request of an employer in the absence of an express contract as to the amount of the wage to be paid, and

(3)may consider the wages paid in the commonwealth for work of like or comparable character by employers who voluntarily maintain minimum fair wage standards.

''A mandatory order'', an order the violation of which is subject to the penalties prescribed in subsection

(2)of section nineteen.

''An oppressive and unreasonable wage'', a wage which is both less than the fair and reasonable value of the services rendered and less than sufficient to meet the minimum cost of living necessary for health.

''Commissioner'', the director of the department of labor standards.

''Department'', the department of labor standards.

''Occupation'', an industry, trade or business or branch thereof or class of work therein, whether operated for profit or otherwise, and any other class of work in which persons are gainfully employed, but shall not include professional service, agricultural and farm work, work by persons being rehabilitated or trained under rehabilitation or training programs in charitable, educational or religious institutions, work by seasonal camp counselors and counselor trainees, seasonal volunteer ski patrollers, seasonal volunteer ski personnel or work by members of religious orders.

Occupation shall also not include outside sales work regularly performed by outside salesmen who regularly sell a product or products away from their employer's place of business and who do not make daily reports or visits to the office or plant of their employer.

''Agricultural and farm work'', labor on a farm and the growing and harvesting of agricultural, floricultural and horticultural commodities.