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What is the Difference Between Massachusetts and Federal Overtime Laws?

Both Massachusetts law and the federal Fair Labor Standards Act ("FLSA") provide for premium pay for non-exempt workers for any hours worked over forty (40) in a single workweek.

Generally, if you are non-exempt under either federal or Massachusetts law, your entitlement to overtime pay is the same- payment at 1.5 times your regular rate for the overtime hours.

The main difference is in the remedies available to you for violation.  If you are entitled to overtime under federal law, but not Massachusetts, you can only recover for two years (unless you can show the violation was willful), and the unpaid wages are subject to doubling by the court.

In contrast, if you are entitled to overtime under Massachusetts law, you can recover for up to three years of unpaid overtime, and the damages are required to be tripled if you are successful in your claim.

There are a handful of jobs that are still exempt under Massachusetts law but subject to the FLSA.  If you are in one of these jobs and owed overtime, you may be limited to the FLSA remedies.  The most common examples are:
Restaurant workers
Hotel/Motel workers
Employees in gas stations
Hospital or assisted living facility employees
Employees of non-profit schools or colleges


Learn more here about the differences between Massachusetts and FLSA exemptions.

Need Help With an Overtime Issue?

Call (781) 784-2322
OR
Schedule a Free Information Call
are independent contractors exempt from overtime?

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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
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog