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Massachusetts Law About Overtime

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Massachusetts Laws

MGL c.151, s.1A-1B. State overtime law for private employers.

MGL c.149, s.33B and 33C. State overtime law for public employers.

MGL c.149, s.30C. State law governing overtime for the State Police.

Federal Regulations

29 CFR Part 541 Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. "White collar'' exemptions from overtime law.

Other Web Sources

Attorney General's Guide to Workplace Rights and Responsibilities, Mass. Attorney General. Brochure covers "many of the laws regulating the workplace, including overtime," with references to Mass. General Laws.

Department of Labor Issues Final FLSA Overtime "White Collar" Exemption Regulations, Jackson Lewis, LLP. April 20, 2004. Provides detailed explanations of the tests to determine exempt status, with references to the CFR.

Department of Labor's FairPay Overtime Initiative, US Dept. of Labor. Site includes links to Fact Sheets on various types of employees, including (but not limited to): professional employees, outside sales staff, highly-compensated workers, blue-collar workers, nurses, technologists and journalists.

Fact Sheet #20: Employees Paid Commissions by Retail Establishments Who are Exempt Under Section 7(i) from Overtime Under The FLSA, US Dept. of Labor. "If a retail or service employer elects to use the Section 7(i) overtime exemption for commissioned employees, three conditions must be met: 1. the employee must be employed by a retail or service establishment, and 2. the employee's regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and 3. more than half the employee's total earnings in a representative period must consist of commissions. Unless all three conditions are met, the Section 7(i) exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay."

Minimum Wage and Overtime FAQs, Executive Office of Labor and Workforce Development. Answers common questions about minimum wage and overtime.

What Employers Need to Know and Do About the Labor Department's Final Regulations on Overtime Exemptions, Jackson Lewis, LLP. April 22, 2004. Summarizes the tests for determining which employees are exempt from overtime provisions, and the steps employers should take to ensure compliance.

Updating and Modernizing Overtime Regulations Memorandum, The White House, March 13, 2014.

Print Sources

Fair Labor Standards Act in Massachusetts, Lorman Educational Services, 2005.

Overtime Ins and Outs: How to Comply with the FLSA, M.LeeSmith Publ., 2009.

Overtime Requirements and Exemptions in Massachusetts, Lorman Educational Services, 2005.