Overtime Comparison of Federal and Massachusetts Exemptions
Comparison Chart: ExplanationThe 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 Our Employment Lawyers Can Help
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.
