Most employees who work more than 40 hours in any week must be paid overtime. Overtime pay is at least 1.5 × the regular rate of pay for each hour over 40 hours.
For some employees who are paid at the “service rate,” overtime rate is 1.5 × the basic minimum wage, not the service rate. Different rules may apply to tipped employees under federal law.
Some Jobs and Workplaces are Exempt from Overtime
Some jobs and workplaces are not required to pay overtime under state law. However, an employee who does not have a right to overtime under state law may have a right to overtime under federal law. The most worker-protective law applies. For a complete list of state overtime exemptions, see M.G.L. c. 151, § 1A or call our Attorney General’s Fair Labor Division at (617) 727-3465. For questions about federal overtime law, visit this page at the U.S. Department of Labor's overtime page.
Note: Changes to federal overtime requirements could affect Massachusetts employers and employees. Effective December 1, 2016, an employee must earn a salary of at least $913 per week in order to be exempt from overtime as an Executive, Administrative, or Professional (EAP) worker under federal law. In addition, the total annual compensation required to be exempt as a Highly Compensated Employee will increase to $134,004. Because the Massachusetts overtime regulation incorporates the federal salary tests by reference, these higher salary levels will apply to the EAP and Highly Compensated Employee exemptions under Massachusetts overtime law.
The new rules do not make any changes to the “duties tests.” For workers with salaries above the updated salary level, employers must still continue to use the same duties tests to determine whether or not the worker is entitled to overtime pay.
To learn more about these changes to overtime rules, visit the U.S. Department of Labor website. Important information regarding recent overtime litigation in the U.S. District Court of Eastern District Texas.
- Call our Fair Labor Division hotline with questions about filing a complaint:
Call: 10 a.m.- 4 p.m. (M–F)
- Call the Department of Labor Standards at (617) 626-6952 with questions about how to interpret Massachusetts overtime laws.