The Massachusetts Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer. There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Massachusetts Overtime Pay Laws
No employer shall employ any of his employees in an occupation for a work week longer than forty hours, unless such employee receives compensation for his employment in excess of forty hours at a rate not less than one and one-half times the regular rate at which he is employed, unless otherwise exempt.
Exemption include Janitors, Golf Caddy, Executive, Salesperson, Fisherman, Handicapped person, Switchboard Operator, Driver, Seaman, and more.
Employers are not required to pay extra for weekend, holiday, or night work; however the Massachusetts Blue Laws requires some retailers to pay premium pay for Sundays and certain holiday.
An employer and worker cannot also make agreement to waive his or her overtime compensation and receive straight pay for hours worked over 40 in a work week.
If an employee is a non-exempt worker, meaning an employee who is due overtime, the employer may not award compensatory time in place of paying overtime compensation.
Just because an employee is paid on a salaried basis does not mean that the worker is not entitled to overtime compensation. The nature of the job and/or type of employer dictates whether or not a worker is eligible for overtime.
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Massachusetts Minimum Wage Laws
Under the state wage statute it is against public policy for any employer to employ any person at an oppressive and unreasonable wage.
The Statute provides that a wage of less than $10.00 an hour is presumed to be oppressive and unreasonable. In no case shall the minimum wage rate be less than $0.10 higher than the effective federal minimum rate of $7.25.
If an employer chooses to pay employees minimum wage, the employer must pay those employees in accordance with the minimum wage law, either federal or state, that results in the employees being paid the higher wage.
In most instances in Massachusetts, the state minimum wage law will apply as it generally guarantees a higher wage rate for employees than federal law.
One exception is tipped employees. The minimum wage for tipped employees who receive more than $20 a month in tips is $2.63 per hour.
However, for tipped employees to be paid this rate, they must be informed of the law, must receive at least minimum wage when tips and wages are combined, and all tips must be retained by the employee or distributed through a valid tip-pooling arrangement.
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Massachusetts Minimum Wage & Overtime Laws Resource
An excellent resource for information is the Massachusetts Department of Labor & Workforce Development website.
Largest Cities in Massachusetts Providing Jobs
The ten largest cities in the State of Massachusetts provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- New Bedford
- Fall River
Commonly Asked Massachusetts Overtime Pay Questions
You probably have questions about the overtime pay laws in Massachusetts. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay in Massachusetts?
- Am I entitled to overtime pay?
- Does Massachusetts have mandatory overtime laws?
- What is the wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For Massachusetts Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages. We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a Massachusetts wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.