(650) 332-8623Massachusetts Overtime Law: Your Guide to Rates, Statutes, Calculations, and More (2025)
This guide has everything you need to know about Massachusetts’ overtime laws for 2025, including rates, thresholds, statutes, and much more.
Massachusetts Overtime Rates and Statutes
1.5x
Massachusetts' Primary Overtime Pay Rate
Employees in Massachusetts are entitled to overtime pay at a rate of 1.5 times their regular hourly rate for any hours worked beyond 40 in a workweek. This is consistent with federal overtime laws under the Fair Labor Standards Act (FLSA) but applies broadly to most non-exempt workers within the state.
40 hours / week
Threshold to Receive Overtime in Massachusetts
The threshold for earning overtime pay in Massachusetts is based on the total hours worked in a week, not per day.
Employees are eligible for the 1.5x overtime rate once they work more than 40 hours in a single workweek. Unlike some other states, Massachusetts law does not require overtime pay for hours worked beyond eight in a day, focusing solely on the weekly hour threshold.
M.G.L. c. 151, § 1A
The Main Overtime Statute(s) in Massachusetts
Massachusetts’ overtime laws are primarily governed by Massachusetts General Laws Chapter 151, Section 1A.
This statute outlines the requirements for paying overtime, defining the 40-hour workweek threshold and the 1.5x overtime rate. It also lists various exemptions, including specific industries and roles that may not qualify for overtime pay.
Additional regulations intersect with the state’s overtime rules:
- M.G.L. c. 149, § 148 governs timely wage payments.
- M.G.L. c. 149, § 150 provides employees with remedies for unpaid overtime claims, including the right to sue for triple damages.
MA Blue Laws
Overtime Pay and Work on Sundays and Holidays
Massachusetts Blue Laws govern when businesses can operate on Sundays and certain holidays. While many retail and non-retail businesses are allowed to open under specific exemptions, the law used to require some retailers to pay premium pay for Sunday and holiday work ended on January 1, 2023.
However, retail employees and other workers are still entitled to overtime pay at 1.5 times their regular hourly rate for any hours worked over 40 in a workweek, including hours on Sundays and holidays. Businesses seeking guidance on holiday operations or overtime requirements can contact the Department of Labor Standards for more information.
AGO
The Attorney General’s Office is Responsible for Enforcing Overtime Laws in Massachusetts
In Massachusetts, the Attorney General’s Office (AGO) oversees the enforcement of wage and hour laws, including overtime regulations.
The AGO’s Fair Labor Division investigates complaints of unpaid wages, ensures compliance with overtime laws, and can initiate enforcement actions against employers who violate these rules.
The office also provides resources to help employers and employees understand their rights and obligations under Massachusetts labor laws.
How to Calculate Overtime Pay in MA
Calculating overtime pay in Massachusetts involves understanding both the statutory requirements and specific employer obligations. Let’s break it down step by step, incorporating important rules and considerations for different employee types.
1. Define the Workweek
Massachusetts law requires overtime pay for all hours worked beyond 40 in a single workweek. A “workweek” is any fixed, recurring period of 168 hours—typically starting on the same day each week. This period could run from Sunday to Saturday, Monday to Sunday, or any other consistent seven-day cycle.
Key Point: Overtime cannot be averaged across multiple weeks. If an employee works 45 hours in one week and 35 hours the next, they are still entitled to 5 hours of overtime pay for the first week.
2. Determine the Regular Hourly Rate
For hourly workers, this is their standard pay rate. For salaried employees, calculate the regular hourly rate by dividing their weekly salary by the number of hours it covers, usually 40.
Certain payments like commissions, bonuses, and other incentive pay are excluded from the regular rate when computing overtime.
Example:
A salaried employee earning $800 per week:
Regular Hourly Rate: $800 ÷ 40 = $20 per hour.
3. Calculate the Overtime Rate
The standard overtime rate is 1.5 times the regular hourly rate.
Example:
Regular Hourly Rate: $20
Overtime Rate: $20 × 1.5 = $30 per hour.
For certain salaried employees on a “fluctuating workweek” schedule, employers may pay a reduced overtime rate of 0.5 times the regular rate, but specific conditions must be met for this method to apply.
4. Identify Overtime Hours
Track hours worked beyond 40 in the defined workweek. Employers must account for all time considered “working hours,” including:
- On-site work.
- Travel between job sites during the workday.
Note: Commuting from home to the first job site and from the last job site to home does not count as working hours.
Example:
An employee works 50 hours in a week:
- Regular Hours: 40
- Overtime Hours: 10
5. Compute Overtime Pay
Multiply the overtime hours by the overtime rate.
Example:
- Overtime Hours: 10
- Overtime Rate: $30
- Overtime Pay: 10 × $30 = $300
6. Determine Total Weekly Earnings
Add regular earnings for the first 40 hours to the calculated overtime pay to determine total earnings.
Example:
- Regular Earnings: 40 × $20 = $800
- Overtime Earnings: $300
- Total Earnings: $800 + $300 = $1,100
Additional Considerations
1. Travel Time and PTO
- PTO (paid time off), including vacation and sick time, does not count toward the 40-hour threshold for overtime eligibility.
- If an employee takes 16 hours of PTO and works 30 hours in a week, no overtime is due since total worked hours do not exceed 40.
- Travel time between work sites counts as hours worked, which could push the total over the 40-hour limit, triggering overtime pay.
2. Blended Rates
For employees paid at different hourly rates (e.g., one rate for travel and another for on-site work), employers must calculate a blended rate to determine the correct overtime pay. This blended rate reflects the weighted average of all applicable rates during the week.
Sample Computation for Blended Rates
Let’s say an employee works 25 hours at $18/hour (travel time) and 20 hours at $22/hour (on-site work) in a single week, totaling 45 hours. To calculate the blended rate:
- Multiply hours by respective rates: (25 × $18) + (20 × $22) = $450 + $440 = $890.
- Divide total earnings by total hours: $890 ÷ 45 = $19.78 (blended rate).
- Calculate the overtime rate: Blended Rate × 1.5 = $19.78 × 1.5 = $29.67/hour for 5 overtime hours.
Total overtime pay: 5 × $29.67 = $148.35.
Who's Eligible For Overtime Pay in Massachusetts?
Most employees paid on an hourly basis are eligible for overtime pay. These workers receive 1.5 times their regular hourly rate for hours worked beyond 40 in a workweek. Employers must ensure proper tracking of hours worked to calculate overtime accurately.
Not all salaried workers are exempt from overtime. Massachusetts law emphasizes that eligibility depends on the nature of the job, not just the salary structure. Salaried employees performing non-exempt duties are entitled to overtime, regardless of their weekly or annual pay.
Employees in these roles are exempt if their duties and salary meet specific criteria under Massachusetts and federal law. Key requirements include:
1. Executive Employees: Manage a department, regularly supervise at least two full-time employees, and have input on hiring or firing decisions.
2. Administrative Employees: Perform office or non-manual work related to business operations and exercise independent judgment on significant matters.
3. Professional Employees: Work requires advanced knowledge in a specialized field (e.g., law, engineering) typically acquired through higher education.
Exempt employees must earn at least $80 per week under Massachusetts law, but federal law sets a higher minimum of $684 per week ($35,568 annually). The stricter rule applies.
Massachusetts law exempts workers engaged in planting, raising, and harvesting crops. However, tasks beyond those core activities may still qualify for overtime.
In Arias-Villano v. Change & Sons, Inc. (2019), employees sorting, weighing, and packaging bean sprouts were deemed eligible for overtime because their work did not fall under the narrow definition of “agriculture and farming.”
Domestic workers in Massachusetts, including housekeepers, nannies, and caregivers, are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a week. This applies regardless of immigration status.
Key Rules:
1. Live-In Workers: Overtime rule applies. For shifts lasting ≥ 24 hours or more, employers and workers may agree in writing to exclude up to 8 hours of meal, rest, or sleep periods from paid working time, provided the worker is free from duties during those times.
2. Rest Periods: Must have 24 consecutive hours off weekly and 48 hours monthly unless waived in writing; overtime applies if waived.
3. Au Pairs: Must receive state minimum wage and overtime, as confirmed in Capron v. Mass. Attorney General (2019).
Employers must provide signed timesheets and retain records for three years.
Workers employed in restaurants, hotels, and similar establishments are exempt from state overtime laws. However, they may still be eligible for overtime under federal law. Employers should consult the U.S. Department of Labor for guidance on federal requirements.
Certain transportation workers are exempt from Massachusetts’ overtime pay requirements due to federal regulations governing their work. These exemptions apply to:
1. Drivers and Helpers on Trucks
Workers who operate under the jurisdiction of the Interstate Commerce Commission (now the Federal Motor Carrier Safety Administration) are exempt.
This includes drivers and their helpers whose qualifications and maximum hours of service are regulated under Section 204 of the Motor Carrier Act of 1935.
2. Employees Covered by the Interstate Commerce Act
Employees working for businesses subject to Part 1 of the Interstate Commerce Act, such as freight carriers, are exempt.
3. Railway Workers
Employees covered by Title II of the Railway Labor Act, which governs railroads and airlines, are also exempt.
In Massachusetts, employees in certain healthcare and non-profit settings are exempt from state overtime pay requirements under Massachusetts General Laws Chapter 151, Section 1A. These exemptions apply to workers in:
- Hospitals
- Sanitoriums
- Convalescent or Nursing Homes
- Infirmaries
- Rest Homes
- Charitable Homes for the Aged
- Non-Profit Schools or Colleges
- Non-Profit Summer Camps
While these workers are exempt from state overtime laws, they may still qualify for overtime pay under federal law. The Fair Labor Standards Act (FLSA) requires non-exempt employees to receive overtime at 1.5 times their regular rate for hours worked beyond 40 in a workweek.
Massachusetts exempts several worker categories from overtime pay under state law, as defined in Massachusetts General Laws Chapter 151, Section 1A:
1. Janitors or Caretakers of Residential Property: Exempt if they are provided living quarters and earn at least $30 per week.
2. Golf Caddies, Newsboys, and Child Performers: These roles are explicitly exempt due to their unique work arrangements and age considerations.
3. Outside Salespersons and Buyers: Employees primarily working away from the employer’s place of business in sales or purchasing roles are exempt.
4. Learners, Apprentices, or Handicapped Workers: Exempt if working under a special license as provided in Section 9 of Massachusetts labor law.
5. Fishermen: Workers involved in catching or handling fish, shellfish, or other aquatic life are exempt.
6. Switchboard Operators: Exempt if working in a public telephone exchange.
7. Seasonal Workers: Exempt if working in a business or operation that functions for no more than 120 days annually and is deemed seasonal by the commissioner.
8. Seamen: Workers employed in maritime roles are exempt.
9. Workers Employed by Regulated Carriers: Employees working for businesses licensed under Chapter 159A (e.g., transportation providers) are exempt.
10. Hotel, Motel, and Motor Court Employees: Hospitality workers in these establishments are exempt.
11. Gasoline Station Employees: Workers at gas stations are exempt.
12. Garagemen: Employees working in garages (excluding parking lot attendants) are exempt.
13. Amusement Park Employees: Workers in amusement parks operating no more than 150 days annually are exempt.
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MA vs. Federal Overtime Laws Compared
MAOvertime Threshold
In Massachusetts, the overtime threshold is based on hours worked in a workweek, not per day. Eligible employees must be paid overtime at 1.5 times their regular hourly rate for any hours worked over 40 in a single workweek.
Unlike some states, Massachusetts does not require overtime pay for working more than 8 hours in a single day.
Federal Overtime Threshold
The federal Fair Labor Standards Act (FLSA) mirrors Massachusetts’ weekly overtime threshold. Under the FLSA, non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for all hours worked beyond 40 in a workweek.
Employers must ensure compliance with both state and federal laws, defaulting to the standard that offers greater employee protection when applicable.
1.5x Massachusetts Overtime Rate
Eligible employees in Massachusetts are entitled to overtime pay at a rate of 1.5 times their regular hourly wage for all hours worked beyond 40 in a workweek. This rate applies uniformly across industries unless the employee falls under one of the state’s overtime exemptions.
1.5xFederal Overtime Rate
The federal Fair Labor Standards Act (FLSA) also requires that eligible employees be paid at least 1.5 times their regular hourly rate for all hours worked over 40 in a workweek. FLSA does not mandate double time, regardless of the number of hours worked in a single day or workweek.
$80 /weekOvertime Threshold for Salaried Employees
Massachusetts law sets a baseline salary threshold of $80 per week for executive, administrative, and professional employees to be exempt from overtime under Chapter 151, Section 1A. However, this figure is outdated and far below modern standards. In practice, Massachusetts defers to the federal salary threshold when it offers greater worker protections.
$35,568 /yearOvertime Threshold for Salaried Employees
Under the Fair Labor Standards Act (FLSA), salaried employees must meet a minimum salary threshold of $684 per week ($35,568 annually) and pass a duties test to qualify as exempt. Employees earning below this amount are eligible for overtime pay, even if they perform managerial or administrative tasks.
MAExempt Roles
Massachusetts law exempts certain roles from overtime under Chapter 151, Section 1A. Key exemptions include:
- Executive, Administrative, and Professional Employees: Must meet duty and salary requirements.
- Outside Salespersons and Buyers: Primarily work off-site in sales or purchasing.
- Healthcare Workers: Employed in hospitals, nursing homes, or similar facilities.
- Non-Profit Workers: Includes employees of non-profit schools, colleges, and summer camps.
- Transportation Workers: Drivers and helpers regulated under federal motor carrier laws.
- Seasonal Workers: Employed in seasonal businesses like amusement parks (under 150 days/year).
- Farming and Fishing Workers: Includes farm laborers and those catching fish or shellfish.
- Restaurant Employees: Exempt from state overtime laws.
FederalExempt Roles
The federal Fair Labor Standards Act (FLSA) also exempts specific roles from overtime. Key categories include:
- Executive, Administrative, and Professional Employees: Must earn at least $684 per week and perform exempt duties.
- Highly Compensated Employees (HCEs): Earning over $107,432 annually, primarily performing exempt duties.
- Computer Professionals: Earning at least $27.63 per hour in certain high-tech roles.
- Outside Sales Employees: No salary requirement; work primarily involves sales away from the employer’s premises.
Note: Unlike Massachusetts law, restaurant employees are not exempt under the FLSA and may qualify for overtime pay. For more details, employers can contact the U.S. Department of Labor’s Wage and Hour Division at (617) 624-6700.
Misconceptions About MA Overtime Laws
Many believe that working more than 8 hours in a single day automatically qualifies them for overtime pay in Massachusetts.
Massachusetts overtime law is based on total hours worked in a workweek. Employees are only entitled to overtime pay after working more than 40 hours in a single week, regardless of how many hours are worked in a single day.
It’s often assumed that if someone is paid a salary, they’re not entitled to overtime pay.
Not all salaried employees are exempt. Eligibility depends on the job duties and salary threshold. Federal law sets a minimum salary of $684 per week for certain exemptions, but employees performing non-exempt duties are still entitled to overtime regardless of their salary structure.
Some believe employers can offer compensatory time off instead of paying overtime.
Under Massachusetts and federal law, non-exempt employees must be paid overtime in cash. Employers cannot substitute compensatory time off for overtime pay.
People think working over 40 hours across multiple jobs qualifies them for overtime.
Overtime eligibility applies only if you work more than 40 hours for the same employer in a single workweek. Hours worked for different employers don’t combine for overtime purposes.
Some assume working on weekends automatically entitles them to overtime.
Overtime is calculated based on hours worked over 40 in a workweek, not on specific days. Working weekends as part of your regular schedule doesn’t qualify for overtime unless the total weekly hours exceed 40.
Employees often think their regular hourly rate includes bonuses or commissions when calculating overtime pay.
Massachusetts law excludes commissions, bonuses, and other incentive pay from the calculation of the regular hourly rate for overtime purposes.
Some believe an agreement between the employer and employee can override overtime laws.
Employers and employees cannot waive overtime rights. Any agreement that violates overtime laws is invalid, and employers are legally obligated to pay overtime when required by law.
Employees often assume all on-call hours count as work hours.
On-call time only counts toward overtime if the employee is required to stay at the workplace or cannot use their time freely. If an employee can use their on-call time for personal purposes and isn’t actively working, it doesn’t count as work time until they’re called in.
Some employers believe complying with Massachusetts law is enough to meet federal requirements.
Massachusetts and federal laws differ in some respects. For example, federal law covers restaurant employees for overtime, while Massachusetts law exempts them. Employers must follow the stricter law to ensure compliance.
Some believe overtime can be calculated based on total hours worked over multiple weeks.
Overtime must be calculated on a weekly basis. If an employee works 60 hours one week and 20 hours the next, they are entitled to 20 hours of overtime for the first week, even though their total hours over two weeks average to 40 per week.
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Penalties for Overtime Noncompliance in MA
Triple DamagesFAILURE TO PAY OVERTIME
Massachusetts employers who fail to pay the required overtime rate violate Chapter 151, Section 1B. If a worker sues and prevails, the court may award treble damages—three times the amount of unpaid overtime.
The employer must also pay court costs and the employee’s attorney’s fees. This penalty is intended to deter wage violations and compensate workers for the delay in receiving their rightful pay.
The Attorney General may file a civil action on behalf of the worker and seek the same penalties.
Multiple PenaltiesREPEATED OVERTIME VIOLATIONS
Each instance where an employer fails to pay the correct overtime compensation constitutes a separate offense.
Specifically, each week an employee is underpaid and each underpaid employee is treated as an individual violation. These separate offenses can significantly increase the number of penalties assessed against an employer, depending on the scale of noncompliance.
Navigating Overtime Requirements in MA
Know What to Do as an Employer
- Understand Massachusetts Overtime Laws. Stay updated on Massachusetts overtime regulations, including exemptions and federal law overlaps.
- Classify Employees Correctly. Ensure employees are properly categorized as exempt or non-exempt based on their duties and salary.
- Track Work Hours Accurately. Use reliable systems to record all hours worked, including overtime and any on-call time that qualifies as work.
- Audit Payroll Regularly. Regularly review payroll to confirm overtime pay calculations are accurate, particularly for blended or fluctuating workweeks.
- Maintain Comprehensive Records. Keep detailed records of employee work hours, wages, and overtime pay for at least three years to safeguard against disputes.
- Communicate Overtime Policies Clearly. Develop and share written overtime policies with all employees to ensure they understand their rights and responsibilities.
- Consult Labor Law Experts. Work with legal professionals to ensure compliance with both state and federal overtime laws and handle complex cases.
Know Your Rights as a Worker
- Understand Your Classification. Know whether you are classified as exempt or non-exempt, as this determines your eligibility for overtime pay.
- Track Your Hours. Keep personal records of your work hours, including overtime, to ensure accuracy and prevent disputes.
- Know How Overtime Is Calculated. Learn how your regular rate of pay is determined, including whether bonuses or commissions should be included in overtime calculations.
- Familiarize Yourself with Massachusetts Overtime Laws. Use resources like the Massachusetts Attorney General’s Office to understand your rights under state and federal laws.
- Raise Concerns Early. If you notice discrepancies in your pay, address them with your employer promptly to resolve issues quickly.
- Seek Help if Needed. If internal resolution fails, contact the Massachusetts Attorney General’s Wage and Hour Division or seek legal advice to protect your rights.
Common Overtime Pay Challenges for Employers in Massachusetts
1. Misclassification of Employees
Employers often misclassify workers as exempt from overtime when they don’t meet the legal criteria. This can lead to back pay for overtime and hefty penalties.
2. Failure to Comply with Both State and Federal Laws
Massachusetts and federal overtime laws can differ. Employers may overlook federal requirements, such as those applying to restaurant workers, leading to compliance issues.
3. Inaccurate Tracking of Work Hours
Without reliable systems to track work hours, including on-call time or travel between job sites, employers risk underpaying employees or facing disputes.
4. Miscalculating Overtime for Blended Rates
Employers with workers performing different tasks at varying pay rates often struggle with calculating the correct blended overtime rate.
5. Not Accounting for Treble Damages
In Massachusetts, unpaid overtime can result in treble damages. Employers who underpay overtime may face triple the owed amount, significantly increasing financial liability.
6. Unclear Overtime Policies
Failing to communicate clear overtime policies can lead to confusion among employees and increase the likelihood of disputes.
General Best Practices for Massachusetts Overtime Laws
1. Classify Employees Correctly
Ensure that employees are accurately classified as exempt or non-exempt under both state and federal laws. Misclassification can result in unpaid overtime, treble damages, and legal penalties. Regular audits can help maintain compliance.
2. Track All Hours Worked
Implement reliable timekeeping systems to record all work hours, including on-call time and travel between job sites. Accurate tracking is essential for proper overtime calculations and legal defense in disputes.
3. Calculate Overtime Properly
For employees earning different rates for various tasks, use blended rate calculations to determine accurate overtime pay. Training payroll staff or using payroll software can reduce errors.
4. Communicate Overtime Policies Clearly
Provide employees with written overtime policies that explain when and how overtime is paid. Transparency helps prevent misunderstandings and reduces disputes.
5. Keep Comprehensive Records
Maintain detailed records of work hours, wages, and overtime payments for at least three years as required by Massachusetts law. These records are critical in the event of audits or legal claims.
6. Stay Informed on Law Changes
Overtime laws can evolve. Stay updated on both Massachusetts and federal overtime regulations to ensure continued compliance.
7. Seek Legal Advice When Needed
For complex cases, such as determining exemptions or handling disputes, consult with labor law experts to ensure compliance and minimize liability.
Looking for other state-specific labor and overtime laws? Check out these guides:
Final Thoughts
Massachusetts overtime laws can be complex, requiring employers to correctly classify employees, track hours accurately, and calculate overtime pay properly.
Employers who fall short risk treble damages, fines, and costly disputes, but the right approach can simplify these challenges.
That’s where Workyard comes in. Designed specifically for construction and field service businesses, Workyard provides accurate time tracking, detailed recordkeeping, and automated labor compliance features that align perfectly with Massachusetts overtime laws.
With Workyard, you can streamline payroll, maintain comprehensive records, and ensure your team gets paid correctly for every hour worked—without the hassle of manual calculations.
See how Workyard can help your business stay on top of labor laws and protect your bottom line. Or, try it for free today and see the difference it can make.
Massachusetts overtime law requires employers to pay overtime only after an employee works more than 40 hours in a single workweek. Unlike some states, Massachusetts does not mandate daily overtime for hours worked beyond 8 in a day. Regardless of the number of hours worked in one day, employees must exceed 40 total hours in a week to qualify for overtime pay.
The 3-hour rule in Massachusetts ensures that employees who report to work as scheduled but are sent home after less than 3 hours must be paid for at least 3 hours at no less than the minimum wage. However, this rule does not guarantee overtime or regular pay if the employee doesn’t work more than 40 hours that week.
Yes, mandatory overtime is generally legal in Massachusetts, but there are exceptions. Employers can require employees to work overtime, except in certain cases, such as healthcare workers, who may have specific protections. However, employers must still pay 1.5 times the regular rate for hours worked beyond 40 in a week.
Massachusetts overtime law exempts certain employees, including executive, administrative, and professional workers earning more than $80 per week. Other exempt categories include outside salespersons, seasonal workers, and employees in healthcare, agriculture, or non-profit educational institutions. For more details, consult the Massachusetts Attorney General’s Guide.
Under Massachusetts law, restaurant employees are exempt from overtime pay requirements. However, federal law may still apply, and employers must follow the law that offers greater protection. Workers should check with the U.S. Department of Labor for federal overtime rules.
No, employers cannot substitute compensatory time (comp time) for overtime pay in Massachusetts. Non-exempt employees must be paid 1.5 times their regular hourly rate for all hours worked over 40 in a workweek.
For non-exempt salaried employees, overtime pay is calculated by dividing the weekly salary by 40 to determine the regular hourly rate. This rate is then multiplied by 1.5 for each overtime hour worked beyond 40 in a workweek.
Employers who fail to comply with Massachusetts overtime laws may face treble damages, meaning they must pay three times the amount of unpaid overtime owed. They may also be required to cover court costs and the employee’s legal fees.
