Massachusetts Overtime Law Cases
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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). |
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Exempt v. Non-Exempt: Understanding the Terms
It 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.
"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 Remedies
A 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:
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:
- Restaurant employees
- Hotel and motel employees
- Gasoline station employees
- Mechanics
- Hospital and assisted living employees
- Employees of non profit schools or colleges
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
How Our Employment Lawyers 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.
