Nonpayment of Overtime

Are You Entitled to Overtime Pay?

Both Massachusetts and federal law require employers to pay overtime to any employee who works more than 40 hours a week and isn’t “exempt” from overtime laws. However, employers frequently misapply exemptions and fail to pay overtime wages to workers who are entitled to them. Many employees who don’t realize that they’re legally entitled to overtime lose thousands of dollars in pay.

Some salaried jobs are “exempted” from overtime laws. The most common exemptions are salaried professional, computer, executive and administrative positions.

• Executive and administrative exemptions apply if you have some managerial authority and/or the authority to exercise discretion over matters of significance to your company.
• The professional exemption applies if your work requires advanced knowledge in a field of science or learning acquired by a prolonged course of specialized instruction.
• The computer exemption applies to computer systems analysts, computer programmers, software engineers or other similarly skilled workers.

If your duties don’t fall into one of the above categories, your employer is required to pay you overtime.

However, not all salaried employees are exempt from the overtime laws. This is a very common misunderstanding and many workers think they are not entitled to overtime because they are paid a salary. Even if you’re paid a salary, you may still be entitled to overtime unless your duties meet the exemption requirements. And, if you’re paid hourly, your employer must pay you overtime regardless of your job responsibilities.

Workers paid on a 100% commission and/or draw basis who work more than 40 hours in a given week may also be entitled to overtime pay. In Massachusetts, your employer can’t use your commission and/or draw payments to cover your overtime wages. However, if you’re an “outside” sales employee who doesn’t regularly report to your employer’s office, you may not be entitled to overtime.

We Can Help You Recover Unpaid Overtime Wages

State and federal wage and hour laws and rules can be complex, and you shouldn’t rely on your employer’s classification. If you have questions about your exempt status, contact our firm. We can review your situation and determine if you’re eligible for overtime pay.

If your employer has failed to pay you overtime, you may be entitled to three times the unpaid wages and your attorneys’ fees. Massachusetts law allows employees to recover for any/all violations occurring in the last three years. As a result, you may be able to recover a substantial amount of damages.

At Regan Strom, we understand the difficulties many employees face when it comes to standing up to their employers. Our seasoned lawyers have the knowledge, skill and determination to fight on your behalf. We’re just as comfortable in a courtroom as we are in a boardroom, and we can bring your case to a successful resolution in an efficient manner.

Don’t miss out on overtime wages you rightfully earned. Contact Regan Strom today for a free, confidential consultation.