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.
- 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.