Overtime laws in Massachusetts mandate that employers pay certain employees a premium for overtime hours. The rules regarding overtime pay can be complex, but as a worker in Massachusetts it is critical that you understand whether you qualify for overtime pay at your place of work. The knowledgeable attorneys at The Maura Greene Law Group have advocated for workers throughout the Boston area, and Massachusetts, who are entitled to overtime pay, and we are prepared to zealously represent your interests in an overtime case. To learn more, call or contact our office today.
Overtime Pay and Hours
The law requires that employees eligible for overtime pay are entitled to one and half times their hourly rate for every hour of overtime work. Overtime pay applies to any work over 40 hours per week for a single employer, and an employer is not allowed to make any agreement with employees entitled to overtime pay that would violate that right. A common misconception is that an employer can avoid paying employees overtime pay by paying them on a salary basis rather than on an hourly basis. This is not accurate. The nature of the job and/or the type of employer dictates whether or not a worker is eligible for overtime. An employee paid on a salary basis may be entitled to overtime pay.
However, it is important to note that overtime pay in Massachusetts does not apply for work performed over eight hours in a single day. It only applies to the total hours of work per week for work performed over 40 hours.
Who Qualifies for Overtime Pay?
Overtime pay applies to certain employees who meet specific qualifications. In general, Massachusetts overtime law applies to eligible workers, except for the following:
(1) as a janitor or caretaker of residential property, who when furnished with living quarters is paid a wage of not less than thirty dollars per week.
(2) as a golf caddy, newsboy or child actor or performer.
(3) as a bona fide executive, or administrative or professional person or qualified trainee for such position earning more than eighty dollars per week.
(4) as an outside salesman or outside buyer.
(5) as a learner, apprentice or handicapped person under a special license as provided in section nine.
(6) as a fisherman or as a person employed in the catching or taking of any kind of fish, shellfish or other aquatic forms of animal and vegetable life.
(7) as a switchboard operator in a public telephone exchange.
(8) as a driver or helper on a truck with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section two hundred and four of the motor carrier act of nineteen hundred and thirty-five, or as employee of an employer subject to the provisions of Part 1 of the Interstate Commerce Act or subject to title II of the Railway Labor Act.
(9) in a business or specified operation of a business which is carried on during a period or accumulated periods not in excess of one hundred and twenty days in any year, and determined by the commissioner to be seasonal in nature.
(10) as a seaman.
(11) by an employer licensed and regulated pursuant to chapter one hundred and fifty-nine A.
(12) in a hotel, motel, motor court or like establishment.
(13) in a gasoline station.
(14) in a restaurant.
(15) as a garageman, which term shall not include a parking lot attendant.
(16) in a hospital, sanitorium, convalescent or nursing home, infirmary, rest home or charitable home for the aged.
(17) in a non-profit school or college.
(18) in a summer camp operated by a non-profit charitable corporation.
(19) as a laborer engaged in agriculture and farming on a farm.
(20) in an amusement park containing a permanent aggregation of amusement devices, games, shows, and other attractions operated during a period or accumulated periods not in excess of one hundred and fifty days in any one year.
Even if an employee is exempt from overtime under state law, it is important to check if federal law would still require overtime compensation. With these overlapping systems of exceptions at the state and federal level along with various exceptions to the rules for private and public employees, it is easy to see how overtime laws in Massachusetts can get complicated quickly. This is why you should always speak with an experienced attorney about any potential violations to overtime laws.
Call Attorneys Knowledgeable in Overtime Laws in Massachusetts
To learn more about your rights to overtime pay in Massachusetts, call or contact The Maura Greene Law Group today to schedule a consultation.
The Not So Fine Print:
We see patterns in our practice, like the ones described above. However, every case has its own unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here and this isn’t intended as legal advice. Keep in mind that it is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a full-blown crisis. Employees who have received a verbal or written warning or performance improvement plan, should contact counsel now. Ditto for employees who are seeing their doctor for workplace related stress or anxiety.