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Claims for unpaid wages, commissions, overtime

Who is entitled to overtime under Massachusetts law?

If you are a non-salaried employee, you must be paid time and a half for hours you work in excess of 40 hours per week. The employer can’t use payments of commissions, drawing accounts, bonuses, or other incentive pay based on sales or production to compute the regular hourly rate and the overtime rate of compensation.

There are a number of exceptions to the overtime law.  For example, overtime is not applicable to an employee who works:

(1) as a bona fide executive, or administrative or professional person.

(2) as an outside salesman or outside buyer.

(3) as a fisherman.

(4) in a restaurant.

(5) in a summer camp operated by a non-profit charitable corporation.

(6) as a laborer engaged in agriculture and farming on a farm.

(7) in an amusement park containing a permanent aggregation of amusement devices, games, shows, and other attractions operated during a period or accumulated periods not in excess of one hundred and fifty days in any one year.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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