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Hayber, McKenna & Dinsmore

Massachusetts Unpaid
Overtime Wages Lawyer

Massachusetts Overtime Laws

Massachusetts employers must pay their employees one- and one-half times the employee’s regular hourly rate for all hours worked over forty unless the employer can prove that the employee falls into one of the recognized overtime “exemptions.” Many employees believe that they are not entitled to overtime because the employer pays them on salary. The employer’s decision to pay an employee on salary does not determine whether an employee should have been paid overtime. What matters is the type of job performed by the employee and whether it is “overtime exempt” under state or federal law. 

Overtime Exemptions

Overtime exemptions (those jobs that don’t require employers to pay overtime) are laid out in the Federal Fair Labor Standards Act and Massachusetts Overtime Statute. They include:

  • “Bona fide” executives, professional, and administrative personnel. These workers must meet stringent “primary duty” standards that render many such employees non-exempt and therefore eligible to receive overtime;
  • Outside Sales. The primary duty of these workers must include making sales outside of the employer’s main workplace and exempt workers must not spend more than 20% of their time performing duties other than sales;
  • Computer employee exemption. In order to claim this exemption, the employee’s primary duty must be sufficiently complex to meet the exemption standard. Computer work that does not require significant skill and experience is unlikely to meet the test. 
  • Drivers and helpers on trucks that are subject to the Motor Carrier Act. Generally speaking, drivers and helpers on vehicles that weigh less than 10,000 pounds are entitled to overtime. 

Employers who violate the Massachusetts Overtime Statute are liable for three times the unpaid overtime, costs, and attorney’s fees. If you believe that you have unpaid overtime wages, contact us today. With offices in Springfield and Northampton, our Massachusetts wage and hour attorneys are ready to help you.