Massachusetts 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 law
Frequently Asked Questions
Is overtime after 8 hours or 40 hours in Massachusetts?

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.

What is the 3-hour rule in Massachusetts?

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.

Is mandatory overtime legal in Massachusetts?

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.

Who is exempt from overtime in Massachusetts?

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.

Are restaurant employees eligible for overtime in Massachusetts?

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.

Can compensatory time replace overtime pay in Massachusetts?

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.

How is overtime calculated for salaried employees in Massachusetts?

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.

What penalties do employers face for violating Massachusetts overtime laws?

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.

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