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Overtime Comparison of Federal and Massachusetts Exemptions

Comparison Chart: Explanation

The chart below compares the treatment of different types of employees under federal and Massachusetts overtime and minimum wage laws.  A few definitions will help understand the contents of the chart:

Exempt from Overtime: this means an employee is not required to be paid additional amounts for hours worked over forty in a workweek.  

Non-Exempt from Overtime: this means an employee is required to be paid at 1.5 times their regular rate for hours worked over forty in a workweek.

Exempt from Massachusetts Minimum Wage: this means the employee is not required to be paid at the Massachusetts minimum wage (currently $14.50 per hour), but unless that job is also exempt from federal minimum wage, the worker must still be paid the federal minimum of $7.25 per hour.

For ease of reference in this chart, some of the descriptions of exempt jobs have been shortened or simplified.  If you think any of these may apply to you, it is a good idea to consult an employment lawyer who can review the more detailed statutory language and advise whether the exemption applies to your position.

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FLSA vs. Massachusetts Law Comparison of Overtime and Minimum Wage Exemptions

Type of Job
MA Overtime Exempt
MA Minimum Wage Exempt
FLSA Overtime Exempt
FLSA Minimum Wage Exempt
Bona Fide Executive
Exempt
Non-Exempt
Exempt
Non-Exempt
Bona Fide Administrative
​Exempt
Non-Exempt
Exempt
Non-Exempt
Bona Fide Professional
Exempt
​Exempt
Exempt
Non-Exempt
Outside Salesperson
Exempt
​Exempt
Exempt
Exempt
Fisherman
Exempt
Non-Exempt
Exempt
Exempt
Switchboard Operator on a Public Exchange
Exempt
Non-Exempt
Exempt
Exempt
Driver of Large Trucks in Interstate Commerce
Exempt
Non-Exempt
Exempt
Non-Exempt
Employees Subject to Railway Labor Act
Exempt
Non-Exempt
​Exempt
Non-Exempt
Hotel or Motel Employees
Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Gasoline Station Employees
Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Restaurant Employees
Exempt
Non-Exempt
Non-Exempt
​Non-Exempt
Garage Employees (i.e., mechanics)
Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Employees of Hospitals and Nursing/Assisted Living Facilities
Exempt
Non-Exempt
Non-Exempt
Non-Exempt
Seasonal Camp or Recreation Facility Employees
​Exempt
Exempt
Exempt
Exempt
Agricultural Workers
Exempt
Exempt
Exempt
Exempt
Employees of Newspapers with Less Than 4,000 Local Circulation
Non-Exempt
Non-Exempt
Exempt
​Non-Exempt
Seamen
Exempt
Non-Exempt
Exempt
Exempt
Certain Domestic Service Employees
Exempt
Non-Exempt
​Exempt
Exempt
Computer Systems Analyst, Computer Programmer, Software Engineer
Non-Exempt
Non-Exempt
Exempt
​Exempt
Border Patrol Agents
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Criminal Investigators
Non-Exempt
Non-Exempt
Exempt
​Non-Exempt
Baseball Players
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Outside Buyer of Eggs, Poultry, or Dairy Products
Exempt
Non-Exempt
​Exempt
Non-Exempt
Radio or Television Announcers/Broadcasters Outside of Major Metropolitan Areas
Non-Exempt
Non-Exempt
​Exempt
Non-Exempt
Employees engaged in selling, servicing or repairing automobiles, trucks, farm implements, trailers, boats or aircraft
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Employees Engaged in Making Sugar or Syrup from Maple Sap
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Employees Engaged in Transportation or Preparation for Transportation of Fruits or Vegetables From the Farm
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Taxicab Drivers
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Public Fire Protection or Law Enforcement Employees if Agency Employs Five or Fewer Such Employees
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Live-In Domestic Workers
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Movie Theatre Employees
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Forestry and Lumber Workers Where Company Has Eight or Fewer Such Employees
Non-Exempt
Non-Exempt
Exempt
Non-Exempt
Employees of Services Located on National Parks or in National Wildlife Refuge
Non-Exempt
Non-Exempt
Exempt (up to 56 hours per workweek)
Non-Exempt
Employees of Non Profit School or College
Exempt
Non-Exempt
Non-Exempt
Non-Exempt

How We Can Help

who is exempt from overtime MA employment lawyers
10.0Emily E. Smith-Lee
exempt vs. non-exempt employment attorneys slnlaw
We can help you navigate these issues and get clarity on your rights and obligations as an employer or an employee.  Read more about some example overtime law cases we have handled.  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.
Schedule a Free Information Call

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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
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    • Probate FAQs
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    • Commission Pay FAQs
    • Overtime FAQs
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