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Hayber, McKenna & Dinsmore

Wage and Hour Attorney
in Springfield, Massachusetts

Home Employee Rights Massachusetts Wage and Hour Law

A Springfield Attorney Representing Employees in Wage and Hour Disputes

Springfield wage & hour Attorneys

Do you work for an hourly wage, and did your employer refuse to compensate you for the hours you worked or time-and-a-half for the hours you worked beyond 40 hours per week? Is it possible that your employer “promoted” you to a salaried position in name only to avoid paying you overtime? You may be able to file a claim by speaking with a Springfield wage and hour law attorney. To have an attorney review the facts of your case to determine whether you have a claim, please fill out our online questionnaire or call our office today.

Many employees in Springfield, Massachusetts work long hours but are not compensated accordingly for their work. This can occur in many ways, including not having hours properly calculated, having unlawful deductions taken out of a paycheck, not being paid overtime rates, and more. There are many tactics an employer can use to avoid compliance with wage and hour laws in Massachusetts and companies should be held accountable for all violations – whether they were accidental or intentional.

Wage Violations Commonly Involve Overtime Pay

Under Massachusetts state and federal laws, employers are required to pay overtime wages to a nonexempt employee for each hour worked beyond 40 hours per week. The first step to determining exemption is to look at whether the employee is unsalaried or salaried. Most hourly workers are entitled to overtime rates for time worked in excess of 40 hours. Furthermore, any employee – salaried or not – who earns less than $455 per week will be entitled to overtime rates. If a salary is above this threshold, there is a further complicated analysis that must occur.

It is important for employees in Springfield to understand that there are exemptions for certain types of employment under Massachusetts law (M.G.L. 151 Section 1A) and federal law. The following are the main overtime exemptions applied by employers:

  • Executive employees, including management and directors.

  • Administrative employees who provide support for business operations or management.

  • Professional employees whose work requires advanced knowledge or education or involves particular talent in an artistic or creative endeavor.

  • Computer employees who engage in development and operation of computer systems or programs.

  • Outside sales employees who receive a certain amount of compensation and customarily work away from the place of employment obtaining sales contracts.

  • Tipped employees such as servers and bartenders

Too many employees believe that simply because their job title fits under one of the above categories that they have been properly classified as exempt. However, having a certain job title is not enough to make an employee exempt from overtime pay and the actual job duties must line up with the job title for an exemption to be appropriate and lawful. Many employers misclassify employees as exempt when their job duties do not actually fit under any exemption and, therefore, unlawfully deprive them of overtime pay.
The following are some examples of jobs that are commonly misclassified as exempt from overtime:

  • Retail assistant managers

  • Loan underwriters

  • Insurance underwriters

  • Automobile damage appraisers

  • Bookkeepers and fund accountants

Such employees are regularly classified as executive, administrative, or professional positions when, in reality, the job descriptions do not involve a high enough level of management, support, or educational requirements to be classified as such. Employees in these positions also regularly work long hours and maybe deprived of a significant amount of overtime pay if they have been misclassified.

In many cases, employers misclassify employees and wrongly assume that they are exempt from overtime pay. Unpaid overtime can add up quickly and some employees have missed out on thousands of dollars in pay. A Massachusetts employment lawyer can help you determine how much your employer owes you due to wage and hour violations and will assist you in seeking the compensation you deserve.

Other Common Wage Violations

Not every wage violation case centers around overtime pay. The following are brief descriptions of other ways that employee may be denied their rightful wages:

No matter what led to a wage violation and the deprivation of your rightfully deserved pay, our law firm can assist you in claiming unpaid wages and overtime.

Discuss Your Case with a Springfield Employee Rights Lawyer in Springfield, Massachusetts

At Hayber, McKenna & Dinsmore, we are committed to helping employees in Springfield, Massachusetts exercise their rights to proper wage and overtime payment. We can initiate an investigation into wage and hour violations at your place of employment and, if appropriate, can assist you in filing a claim. A Springfield employee rights lawyer at our firm can speak with you today. You can have an experienced Springfield employment attorney review your case by filling out our online questionnaire or by calling our office today at 413-417-7035.