Massachusetts Overtime Laws: 1.5x Pay Requirements
Quick Answer: Massachusetts requires time-and-a-half (1.5x) for hours over 40 per week. The state follows federal FLSA overtime rules with triple damages for violations under the Massachusetts Wage Act. Many employees misclassified as exempt may be owed overtime.
Understanding overtime rights can recover significant back pay.
Massachusetts Overtime Rules
Basic Requirement
Overtime rate:
- 1.5x regular rate
- After 40 hours/week
- For non-exempt employees
Calculation
How it works:
- Regular rate × 1.5
- Example: $20/hr = $30 overtime
- Based on all compensation
Weekly Basis
Key points:
- Calculated per week
- No daily overtime
- Cannot average weeks
Who’s Covered
Non-Exempt Employees
Most workers qualify:
- Hourly workers
- Many salaried workers
- Production workers
- Service workers
Exempt Employees
May not qualify:
- Executive exemption
- Administrative exemption
- Professional exemption
- Outside sales
Misclassification
Common problem:
- Many “exempt” workers aren’t
- Job duties matter, not title
- Salary alone doesn’t exempt
- Review carefully
Exempt vs Non-Exempt
Salary Threshold
To be exempt:
- Must earn minimum salary
- Must meet duties test
- Both required
Duties Tests
Executive:
- Manage business/department
- Direct 2+ employees
- Hiring/firing authority
Administrative:
- Office work
- Independent judgment
- Business operations
Professional:
- Advanced knowledge
- Intellectual work
- Specialized education
Recovering Unpaid Overtime
Attorney General
Fair Labor Division:
- Phone: 617-727-3465
- Strong enforcement
- Triple damages
Private Lawsuit
Court options:
- Triple damages mandatory
- Attorney’s fees
- 3-year lookback
Triple Damages
Massachusetts Wage Act:
- Mandatory treble damages
- For all wage violations
- Powerful incentive
Common Scenarios
Scenario 1: Unpaid Overtime
Situation: Worked 50 hours, paid straight time.
Analysis: Owed overtime for 10 hours at 1.5x, plus triple damages.
Scenario 2: Misclassified Exempt
Situation: Called “manager” but no authority, paid salary.
Analysis: May not meet exempt duties test. Overtime owed.
Scenario 3: Working Through Lunch
Situation: Required to work through breaks, not paid.
Analysis: All hours worked must be paid, including overtime if over 40.
Scenario 4: Multiple Jobs
Situation: Work two positions for same employer.
Analysis: Hours combined for overtime calculation.
Special Industries
Retail
Sunday/Holiday premium:
- Previously required premium pay
- Being phased out by 2023
- Now standard overtime rules
Healthcare
Nurses:
- Cannot require mandatory overtime
- Voluntary only
- Patient safety provisions
Calculating Overtime
Regular Rate
Include:
- Base wage
- Shift differentials
- Non-discretionary bonuses
- Commissions
Exclude:
- Discretionary bonuses
- Expense reimbursements
- Premium pay already at 1.5x
Example Calculation
If $20/hour base:
- Regular rate: $20
- Overtime rate: $30
- 10 OT hours: $300
Frequently Asked Questions
When is overtime required?
After 40 hours in a workweek.
What’s the overtime rate?
1.5x your regular rate.
What if employer doesn’t pay overtime?
File with AG or sue—mandatory triple damages.
How far back can I claim?
3 years for unpaid wages.
Related Topics
Take Action
If owed overtime:
- Calculate hours worked
- Gather pay stubs and records
- Note 3-year lookback
- Contact AG or attorney
- Remember triple damages
Legal Disclaimer
This article provides general information about Massachusetts overtime laws and is not legal advice. For specific advice, consult a licensed Massachusetts employment attorney.
For official information:
- AG Fair Labor Division: https://www.mass.gov/ago | 617-727-3465