Overtime Law Exemptions Under Massachusetts Law
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Massachusetts overtime law has some specific exemptions that have been removed from the Federal Fair Labor Standards Act ("FLSA") but remain on the books under state law. This creates the unusual situation in which Massachusetts state law is not more favorable to certain employees than federal law- specifically, certain employees are not required to be paid time and a half under state law, but are under federal law.
The practical implication of this is in the recovery of damages. Under Massachusetts law, an employee can recover overtime wages going back three years, and receive triple damages. Under the FLSA, the damages can only go back two years unless a willful violation is shown, and the damages are doubled, not tripled. An employee owed $10,000 per year in overtime could recover $90,000 (three years tripled), while under federal law, the recovery would be $40,000 (two years doubled). Exempt v. Non-Exempt: Understanding the TermsIt is easy to get confused with the overtime terminology of "exempt" vs. "non-exempt," because intuitively we think of being exempt from something as a benefit. From an employee's perspective, it is actually the opposite.
"Exempt" means you are exempt from overtime requirements, and therefore not entitled to premium pay for hours worked over 40. "Non-exempt" means you are subject to overtime requirements, and therefore are entitled to premium pay for hours worked over 40. The terminology makes better sense if you think of it from the employer's perspective- if an employee meets an exemption, the employer is exempt from paying the overtime premium. Recent Overtime Case Development: State vs. Federal RemediesA recent Supreme Judicial Court decision addressed overtime claims by restaurant workers, who are exempt from overtime under state law but not under federal law. These employees sought to invoke the remedies under the Massachusetts Wage Act for the employer's violation of federal overtime laws. This would have resulted in triple, rather than double damages.
The court disagreed with the employees, and held that if the violation was solely a federal law violation, they were limited to the federal remedies. The following kinds of employees are affected by this decision, as they are considered exempt from overtime under Massachusetts law, but not under the FLSA:
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The Reverse: Employees Covered by Massachusetts Law but Not the FLSA
If you are considered exempt under federal law but non-exempt under Massachusetts law, this decision does not really change matters, as you will be entitled to the more generous remedies under state law even if you have no federal claim.
It is important to know, however, the categories of employees this covers. Much of what you find on the internet about overtime law is based on the FLSA, so you may read information that suggests you cannot claim overtime when you can, in fact, under state law. Some examples are below- remember, these are the things specifically exempted under the FLSA and not the state statute, but employees in these categories may still be considered exempt under one of the more general categories (administrative, professional, or executive employees):
It is important to know, however, the categories of employees this covers. Much of what you find on the internet about overtime law is based on the FLSA, so you may read information that suggests you cannot claim overtime when you can, in fact, under state law. Some examples are below- remember, these are the things specifically exempted under the FLSA and not the state statute, but employees in these categories may still be considered exempt under one of the more general categories (administrative, professional, or executive employees):
- Computer systems analyst, programmer, or software engineer
- Employees who service, sell or repair vehicles, boats, or farm equipment
- Taxicab drivers
- Live-in domestic workers
- Movie theatre employees
- Forestry and lumber employees if the business has 8 or fewer employees
- Employees of national parks
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
We can help you understand where you or your employees fall under both federal and Massachusetts overtime law. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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