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What Remedies Can an Employee Get For Unpaid Overtime?

The damages that can be awarded for violation of the overtime laws vary slightly depending on whether the claim is under federal or state law.  In most cases employees with bring both state and federal claims, but there are some differences between the exemptions under these laws, so there may be people with only federal claims or only state law claims.

Under the federal Fair Labor Standards Act ("FLSA") a successful plaintiff will recover double the unpaid overtime, as well as reimbursement for their reasonable costs of pursuing the claim, including attorneys' fees.  Unless the employee can prove a willful violation of the FLSA, the damages can not go further back than two years prior to filing the complaint.

The Massachusetts overtime statute also requires reimbursement of costs and attorneys' fees, but allows recovery of three times the unpaid amount.  The damages under state law can go back three years prior to filing the complaint, even without proof of a willful violation.



Learn more here about overtime under Massachusetts and federal law.

Need Help With an Overtime Question?

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What is a Week for Calculating Overtime Pay?

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  • Home
  • About
    • Reviews
    • Slnlaw Offices
    • Blog
    • 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
    • Andrew Silvia
    • Elijah Bresley
  • Employment Law Solutions
  • Estate Planning
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • 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