If you work for an employer in Massachusetts, it’s important to make sure you’re getting paid for all your time on the clock. Understanding Massachusetts overtime laws can help you determine if you’re receiving appropriate pay for your hard work.
At Duddy, Goodwin & Pollard, we know how difficult it can be when an employer takes advantage of you and refuses to pay the overtime you’ve worked. Our Boston wage theft and overtime pay dispute lawyers can explain the laws that govern overtime pay and take action against your employer if they’ve failed to pay you the correct amount.
Understanding Massachusetts’ Overtime Laws
According to Massachusetts’ overtime law, overtime pay is 1.5 times the individual’s regular pay. Under the Fair Labor Standards Act (FLSA), eligible full and part-time employees must receive overtime pay for work that exceeds 40 hours.
If you’re unsure whether you qualify for overtime pay, you should speak with an experienced attorney. A skilled lawyer can assess your current employment situation and determine whether you should be receiving overtime pay.
If an attorney finds that you aren’t receiving the compensation you should be, they may be able to take legal action against your employer with the goal of obtaining financial remedies for the losses you’ve endured.
For a free legal consultation, call (860) 999-9394
Do All Salaried Employees Receive Overtime Pay in Massachusetts?
While many salaried employees are entitled to receive overtime pay in Massachusetts, there are several types of workers who are not eligible for such pay. These employees are referred to as “exempt employees” because they are exempt from the protections set forth by Massachusetts’ overtime law.
Before you file a claim for unpaid overtime, you’ll want to make sure that your type of employment isn’t considered exempt. That said, understanding state and federal employment laws can be difficult. Luckily, a seasoned lawyer can explain exempt and non-exempt employment status.
Exempt Employees Under Massachusetts’ Overtime Law
Understanding whether you are an exempt or non-exempt employee is critical to determining whether you should be receiving overtime pay. According to M.G.L. c. 151, §1A, exempt employees include, but aren’t limited to, the following:
Executive Employees
Executive employees are those who earn $455 or more per week and manage part of a business as their main duty. These employees also regularly direct the work of one or two other employees. Lastly, executive employees have the authority to fire or hire other employees or have a say in their promotion, firing, or hiring.
Administrative Employees
According to Massachusetts overtime law, exempt administrative employees make at least $455 a week and perform non-manual or office work directly connected to the general business or management of their employer or their employer’s customers.
In addition, administrative employees’ main job duties require them to use their own judgment and discretion to handle tasks that are of significant importance to the business.
It’s important to note that not all employees who perform traditionally “administrative” tasks are considered exempt. A lawyer can assess your unique situation and determine if you should be classified as an exempt administrative employee or not.
Additional Types of Employees
There are a number of other types of workers who are also considered exempt. While a lawyer can provide an exhaustive list of employees who are exempt under Massachusetts’ overtime law, familiarizing yourself with the following types of exempt workers can help you determine if you should be receiving overtime pay:
- Some creative and computer professionals
- Fisherman
- Seamen
- Some truck drivers
- Outside salespeople
- Seasonally employed farm workers
- Employees at small newspapers
- Some automotive mechanics
- And others
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You Can’t Sign an Agreement that Violates Massachusetts Overtime Law
If your employer is denying you proper overtime pay because they had you sign an agreement at the beginning of your employment that makes you exempt from such pay, the agreement is illegitimate and not legally binding. Unfortunately, it’s common for employers to have workers sign these types of agreements in an attempt to avoid paying for extra labor.
If your employer is claiming that they don’t have to pay you overtime because you signed an agreement, reach out to an attorney immediately. A lawyer can review any document you signed and take the steps necessary to get the compensation you deserve.
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How an Overtime Pay Dispute Lawyer Can Help You
If your employer isn’t paying you for the overtime you are working, a lawyer can help you seek remedies. Many victims of unpaid overtime hire an attorney because they’ve been misclassified. Misclassification occurs when an employer tries to classify you as an exempt employee so they don’t have to pay you overtime.
A lawyer can draw on their extensive legal knowledge to determine if you are, in fact, an exempt employee or if you are being misclassified. If your employer has classified you as exempt when you are legally considered non-exempt, an attorney can help you file a claim.
Here’s what a lawyer can do to obtain the justice and compensation you’re owed:
- Investigate your employment situation
- Determine if you are an exempt or non-exempt employee
- Gather evidence that shows your employer has failed you to provide the overtime pay that you’re entitled to receive
- Sue your employer
- Represent you in court and fight for the damages you’re owed
- Answer any questions you have throughout the legal process
If your court case is successful, you could receive up to three times the wages that you should have received. However, getting the results you need to recover your losses can be difficult, if not impossible, without a skilled attorney. To increase your likelihood of success and avoid mistakes that could hurt your claim, hire a lawyer to help with your case.
Schedule a Free Consultation With an Experienced Lawyer
At Duddy, Goodwin & Pollard, our team believes all workers should receive the overtime pay they deserve. That’s why we’re committed to providing the representation you need to recover unpaid wages so you can provide for yourself and your family.
With our extensive knowledge of Massachusetts overtime laws, we’re confident we have what it takes to hold your employer responsible for unpaid overtime. Contact us today to schedule a free consultation and learn more about how we can help you get the pay you deserve.
Call or text (860) 999-9394 or complete a Free Case Evaluation form