Employers in Massachusetts are required to pay overtime to eligible employees who work more than 40 hours in a workweek. Despite clear state and federal laws, many workers are denied rightful overtime pay due to misclassification, off-the-clock work, or wage manipulation. Whether it’s intentional or due to a lack of understanding, overtime violations can cost employees significant earnings over time. Understanding your rights is the first step toward recovering the compensation you’ve earned.
What Is Overtime Pay and Who Is Eligible?
Under both the federal Fair Labor Standards Act (FLSA) and the Massachusetts Overtime Law (M.G.L. c. 151, §1A), non-exempt employees must be paid 1.5 times their regular hourly rate for all hours worked over 40 in a single workweek. Exempt employees—such as certain executives, administrators, and professionals—are not entitled to overtime under these laws, but the exemption only applies if specific criteria are met.
To be classified as exempt, an employee must:
- Be paid on a salary basis,
- Earn at least the minimum threshold salary, and
- Perform specific job duties that meet exemption standards.
If an employer classifies an employee as exempt without meeting these conditions, the employee may be entitled to unpaid overtime.
Common Overtime Violations
Overtime violations are more common than many workers realize. These violations often involve:
- Misclassifying employees as exempt when they should be non-exempt.
- Improperly classifying workers as independent contractors to avoid paying overtime.
- Requiring employees to work off the clock before or after shifts.
- Failing to count certain hours—such as mandatory training, meetings, or travel—as time worked.
- Averaging hours over multiple weeks to avoid triggering overtime.
- Paying a fixed salary to avoid calculating and paying time-and-a-half.
In Massachusetts, employers must also comply with recordkeeping requirements. If an employer fails to maintain proper time records, it may support the employee’s claim in a wage dispute.
Your Rights Under the Massachusetts Wage Act
The Massachusetts Wage Act offers strong protections for employees who are denied overtime pay. If an employee brings a successful claim, they are entitled to:
- All unpaid overtime wages,
- Mandatory triple damages (three times the amount owed), and
- Attorney’s fees and court costs.
These strict penalties are designed to hold employers accountable and discourage wage theft across the state.
What to Do If You Suspect an Overtime Violation
If you believe you’re not being paid correctly for your overtime hours, take these steps:
- Track your hours – Keep a personal record of all hours worked, including overtime, breaks, and unpaid tasks.
- Review your pay stubs – Look for inconsistencies in hours, pay rates, or deductions.
- Speak with a wage and hour attorney – An attorney can help determine whether a violation occurred and how to proceed.
- File a complaint – Overtime violations can be reported to the Massachusetts Attorney General’s Office, but filing with an attorney can often result in faster, more favorable outcomes.
Retaliation for asserting your rights under the Wage Act is illegal. If your employer takes adverse action against you for filing a complaint or raising concerns, you may be entitled to additional damages.
Protect Your Right to Fair Pay
Every hour of overtime worked should be compensated fairly. Unfortunately, many workers in Massachusetts go unpaid for their extra time due to employer misclassification, illegal practices, or simple error. If you believe your employer is violating overtime laws, you may have the right to recover unpaid wages and more.
Contact an experienced Massachusetts wage and hour attorney to discuss your rights and options. You may be entitled to unpaid overtime, triple damages, and attorney’s fees under the Massachusetts Wage Act.