Massachusetts and Federal Overtime Law FAQs

Both Massachusetts law and the federal Fair Labor Standards Act ("FLSA") requires that non-exempt employees be paid time and a half for any hours worked over forty in a week.  That sounds simple enough, but there re many misconceptions about who is exempt vs. non-exempt, how to calculate weekly hours and what hours to count, and much more.  Below are some frequently asked questions about overtime laws, and links to the answers.

Overtime Law Basics

What is overtime?
​Do all employers have to pay the overtime premium?
What do "exempt" and "non-exempt" mean?
What is a week for overtime purposes?

Overtime Exemptions

What employees are exempt from overtime?
Are all salaried employees exempt from overtime?
Are highly compensated employees exempt from overtime?
Is there a minimum salary to be considered exempt from overtime?
What is a "bona fide executive"?
What is a "bona fide professional"?
What is a "bona fide administrative employee?"
Are store managers exempt from overtime?
Are truck drivers exempt from overtime?
Are shift supervisors exempt from overtime?
​Are restaurant and hotel workers exempt from overtime?
Are independent contractors exempt from overtime?

Calculating Overtime Pay

If we have bi-weekly payroll, is time averaged over the two weeks?
Does travel time count toward overtime?
Does "on call" time count toward overtime?
How do you calculate the overtime premium rate?
What is a fluctuating work week?

Managing Overtime

Can an employer forbid people from working overtime?
Do you have to pay for unauthorized overtime?
Can an employee be disciplined or fired for working overtime without permission?
Who is responsible for tracking time?
How can I control overtime with remote workers?

Overtime Law Enforcement and Remedies

Who enforces the overtime laws in Massachusetts?
​What remedies can an employee get for unpaid overtime?
​What is the statute of limitations for an overtime claim?
What is the Difference Between Massachusetts and Federal Overtime Laws?

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