Understanding overtime laws in Massachusetts is crucial to ensure that you receive fair compensation for the hours you work beyond the standard workweek. Both state and federal laws mandate overtime pay for employees who work over 40 hours per workweek. However, certain jobs and workplaces in Massachusetts are exempt from state overtime requirements.
Even if you aren’t eligible for overtime under state law, you might still qualify under federal law, specifically the Fair Labor Standards Act (FLSA). In cases where state and federal laws differ, the law that offers the greater benefit to the employee takes precedence.
In this guide, I’ll break down the key components of overtime laws, explain who is entitled to overtime pay, and outline the steps you should take if you believe you are owed back pay.
Overtime Rate, Calculations and Examples
The overtime pay rate in Massachusetts is one and a half times (1.5x) your regular hourly rate for any hours worked over 40 in a workweek.
To calculate your overtime pay, you can use the following formula:
Overtime Pay = (Regular Hourly Rate) x 1.5 x (Overtime Hours Worked)
Example: If your regular hourly rate is $20, and you worked 45 hours in one week, your overtime pay would be calculated as follows:
Regular Pay for 40 hours = 40 x $20 = $800
Overtime Pay for 5 hours = 5 x ($20 x 1.5) = 5 x $30 = $150
Total Pay for the week = $800 + $150 = $950
Who Is Entitled to Overtime Pay?
Most employees in Massachusetts are entitled to overtime pay.
The key factors that determine your eligibility include:
Hourly Employees: Generally, all hourly employees are entitled to overtime pay.
Non-Exempt Salaried Employees: Some salaried employees are also entitled to overtime pay. The determining factor is whether your job duties and salary level meet certain criteria.
Exemptions and Exceptions
In Massachusetts, only some employees qualify for overtime pay. Certain businesses, such as restaurants and hotels, are exempt from the state requirement to pay overtime for hours worked beyond the standard 40-hour work week. The exemption doesn’t just stop at restaurant and hotel workers. It also applies to various other workers, such as farmhands, fishermen, and truck drivers.
However, under federal law, specifically the FLSA, restaurants with annual gross sales of $500,000 or more must pay overtime. Also, any business engaged in interstate commerce, such as those processing credit card transactions, must comply with federal overtime rules, which mandate time-and-a-half pay for hours worked over 40 in a week.
Common exemptions include:
Executive, Administrative, and Professional Employees: These employees are typically exempt from overtime if they pass certain “duties tests” and earn a minimum salary threshold.
Certain Sales Employees: Outside sales employees, who mostly work away from the employer’s place of business, are often exempt.
Specific Industries: There are exemptions for certain industries, such as agriculture, seasonal amusement or recreational establishments, and specific transportation jobs.
Exempt Executive Employees Must Meet the Following Criteria
Salary Requirement: Earn a salary of at least $455 per week.
Primary Duty: Manage part of the business.
Supervisory Role: Regularly direct the work of two or more employees.
Authority in Employment Decisions: Have the authority to hire or fire other employees or have significant influence in these decisions.
Tests to Determine Employment Type
To determine if a salaried employee is exempt from overtime, Massachusetts uses specific tests:
Salary Basis Test: You must receive a fixed salary that does not change based on the number of hours worked.
Salary Level Test: Your salary must meet a minimum threshold set by state law.
Duties Test: Your job duties must primarily involve executive, administrative, or professional tasks as defined by the law.
Overtime Pay for Weekend, Holiday, or Night Work
Massachusetts Blue Laws stipulate that retailers with seven or more employees must pay workers who perform duties on Sundays and certain holidays at a rate of one and one-half times their regular rate. While this is not technically considered overtime, the compensation rate is the same. Exemptions to this rule include executives, administrative, and professional employees.
Actions to Take if You Believe You Are Owed Back Overtime Pay
If you suspect your employer owes you back overtime pay, act promptly due to the statute of limitations.
Here are the steps you should take:
Document Your Hours: Keep detailed records of your work hours and any communications with your employer regarding overtime.
Review Your Job Classification: Ensure that your job classification (exempt vs. non-exempt) is correct.
Contact Your Employer: Start by discussing your concerns with your employer or HR department.
File a Complaint: If your employer does not address the issue, you can file a complaint with the Massachusetts Attorney General’s Fair Labor Division.
Consult an Attorney: For legal advice and to explore your options, consider consulting with an employment attorney specializing in wage and hour laws.
Statute of Limitations
In Massachusetts, the statute of limitations for filing an overtime claim is three years from the date the wages were due. This means you need to act quickly to ensure you can recover any owed overtime pay.
Know Your Rights
Unfortunately, some employers attempt to evade these responsibilities, withholding paychecks or avoiding overtime pay. It’s crucial to understand that the law supports your right to receive the compensation you deserve.
Take Action to Secure Your Wages
If you suspect you’re owed overtime or unpaid wages, there are steps you can take to reclaim your earnings:
File a Wage Complaint: You can submit a complaint to the Massachusetts Attorney General. While this is a viable option, it can be slow, and not all complaints are handled.
Hire a Labor Attorney: Massachusetts law allows you to take legal action against your employer 90 days after filing a complaint with the Attorney General, or sooner with a waiver. Winning your case could result in recovering unpaid wages, triple damages, and coverage of court costs and attorney fees, which your employer is required to pay.
Concerned About Retaliation?
It’s common to fear retaliation, but Massachusetts law protects you from being penalized for asserting your rights. If your employer retaliates, you can file a claim against them for additional damages.
Get the Compensation You Deserve
Don’t let your employer deny you the wages you’ve earned. Contact Lemberg Law at 475-277-2200 for a free consultation. Our employment lawyers are ready to help you understand your options and fight for your rights.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
