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Massachusetts Overtime Law Cases

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 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.

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:
  • Restaurant employees
  • Hotel and motel employees
  • Gasoline station employees
  • Mechanics
  • Hospital and assisted living employees
  • Employees of non profit schools or colleges

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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):
  • 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 We Can Help

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10.0Emily E. Smith-Lee
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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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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
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    • Overtime FAQs
    • Independent Contractor FAQs
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    • Employment Discrimination FAQs
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