Massachusetts Overtime Laws
Unpaid Overtime Employment Attorney Representing Employees Across Massachusetts From Offices in Lowell, Worcester, Springfield, Pittsfield, Fall River, and Barnstable
Under both the Massachusetts Overtime Wage Act and the Fair Labor Standards Act, employees are presumed to be entitled to overtime unless they fall into narrow exemptions. Despite that rather simple concept, entitlement to overtime remains one of the most complicated areas of employment law. It’s also the one with the most potential value to employees.
Steffans Legal - The Employment Law Firm has considerable experience in representing Massachusetts employees in unpaid overtime claims and in pursuing unpaid overtime claims on a class-action basis. Employment attorney Benjamin Steffans has recovered sizable six-figure settlements for many Massachusetts individuals and multi-million dollar awards for large groups of employees that were wrongfully denied overtime. The most commonly asked questions and misconceptions regarding overtime are answered and identified below. As always, feel free to schedule a consultation with an employment attorney today.
“When you make the decision to pursue legal action against your employer, the stress can be overwhelming. I was so happy to have Ben Steffans in my corner. He was reassuring and supportive during the process, which helped tremendously. Ben Steffans always made himself available to me when I needed to reach him during this stressful time. I was very impressed with his litigation skills and he was able to negotiate a generous settlement for me, which exceeded my expectations. I am so happy that I put my trust in Ben Steffans.”
Frequently Asked Questions Regarding Unpaid Overtime
Am I entitled to overtime?
That depends. The Massachusetts Wage Act and the Fair Labor Standards Act both presume that all employees are entitled to overtime. However, employees who are paid a certain salary (at least ($684/week) and perform certain duties are exempt from this presumption and not entitled to overtime.
What are the most common overtime mistakes employers make?
There are many mistakes made by employers in this area. The most common are: (1) improperly classifying an employee as exempt from overtime coverage (read about overtime exemptions here), (2) calculating hours worked by pay period instead of workweek, (3) asking you to work before or after your shift without pay, (4) asking you to work over your lunch break without pay, and (5) refusing to pay you overtime because you worked it without permission or authorization (read more about hours worked here). If these sound familiar, you may have an overtime claim.
What are overtime exemptions under Massachusetts law?
These are parts of the Massachusetts Wage Act and the Fair Labor Standards Act that specifically list individuals who are not entitled to overtime (exempt employees). That list includes golf caddies, child actors, janitors, newsboys, certain truck drivers, seasonal employees, seamen, and hotel employees. State and federal law have different requirements, however, so just because you are exempt from overtime under state law does not mean you are exempt from overtime under federal law.
What are the most common overtime exemptions under Massachusetts law?
By far, the most common overtime exemptions are known as the white-collar exemptions. This set of exemptions includes executive employees, administrative employees, learned professionals, creative professionals, computer professionals, and outside sales. Nearly every dispute concerning overtime relates to one of these four exemptions. Learn more about white-collar exemptions here.
Are Massachusetts salaried employees Not entitled to overtime pay?
Not necessarily. Just being paid a salary does not automatically mean you are not entitled to overtime. You need to be paid a certain salary AND perform certain types of duties. This last part, known as the “duties test,” is frequently overlooked and missed by employers and employees alike.
I’m a Massachusetts manager or supervisor. Doesn’t my job title control whether I get overtime?
No. Just calling someone a manager, supervisor, assistant manager, or team leader and paying them a salary does not mean they are not entitled to overtime. What matters is what their actual job duties are, not their job titles. Read about managers and overtime here.
What are my damages if I win an unpaid overtime claim in Massachusetts?
Employees that successfully establish that they were misclassified and wrongfully denied overtime are entitled to the Massachusetts Wage Act’s comprehensive remedial scheme. That scheme includes compensation for attorneys’ fees, costs, interest, and a monetary payment equal to three times the amount you should have been paid in overtime.
How are overtime damages calculated in Massachusetts?
Generally speaking, employees should be paid an overtime premium for all hours they work over forty in a workweek. That overtime premium, generally, is 1.5 times their regular rate of pay. Determinations as to what is the “regular rate of pay” and what is the “workweek” can be complicated, but those are the general concepts.
Can You Help?
Yes. Since 2006, Massachusetts employment attorney Ben Steffans has practiced nothing but employment law, representing employees in individual and class action unpaid overtime claims. At Steffans Legal, we don’t dabble in employment law: we focus on it. Since 2012 we have helped recover over $8,000,000 in unpaid overtime for employees across the state of Massachusetts including in Springfield, Worcester, Lowell, Fall River, New Bedford, Pittsfield and Cape Cod.
What Do I Do Next?
