Overtime and Wages Recovery

Overtime and Wages Recovery With over 12 years of experience in employment matters, Attorney Brown can address your concerns about overtime and unpaid wages. There are significant remedies available for victims of employer abuse with respect to overtime and wages, including treble damages, attorneys' fees, and litigation costs.

The laws surrounding employment issues are constantly changing and you should consult an attorney at the first sign of trouble in the workplace. Most employees, regardless of whether paid by the hour or by salary, must be paid one and one-half times their hourly rate of pay for all hours worked in excess of 40 in a week. If you have questions about whether overtime applies to a specific job, call our office for a reduced cost consultation.

Overtime Requirements

Generally, non-managerial employees working more than forty hours in any given week must be paid one and one half times their regular rate of pay. There are several exemptions to this requirement. The exemptions can be found in M.G.L. c. 151, s. 1A. The exemptions under federal law are different (Department of Labor).

Overtime Pay Rates

Employees are to be paid time and one half their regular hourly rate for all hours worked over 40 in one week. If a pay period is bi-weekly and the employee works 60 hours during the first week and 20 in the second, the employee must be paid time and one half for the overtime hours (20) worked during the first week.

Attorney Brown helps employees pursue claims against employers in court through private litigation to enforce their rights. In Massachusetts, employees who prevail in their Wage and Hour lawsuits receive mandatory treble damages (three times the amount of wages owed), plus attorneys' fees and litigation costs.

Minimum Wage Law. In, the Massachusetts minimum wage is $8.00 per hour. Employees who earn tips may be paid as little as $2.63 per hour BUT if you do not make $8.00 per hour including your tips, then your employer must make up the difference.

Payment of Wages. If your employment is terminated for any reason, you must be paid within six days of the end of the pay period during which the wages were earned if you worked for five or six days during that pay period. If you were employed for seven days or less than three days, you must be paid no later than seven days after the end of the pay period.

Termination Pay. Terminated employees, regardless of whether fired or laid off, must be paid all wages due on the day of termination. "Wages" includes all vacation time earned.

Wage Deductions. Employers may deduct for late time only the wages paid during the time you were absent – no penalties. Additionally, your employer must provide you with a pay slip or check stub showing the date, your name, employer's name, hours worked, rate of pay and deductions or additions made.

Contact Us Now

The Brown Law Firm, LLC gives each client personalized attention and service and will fight hard to get the best result for you. Contact us today with any questions you have about overtime and wages you may be owed.

Massachusetts Employment Lawyer Blog - Wages