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Overtime for Part Time Employees Massachusetts

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  • Overtime for Part Time Employees Massachusetts

    Hello all,

    I have a few questions:

    1. If you are registered to an employer in Massachusetts as a part-time employee, do you get overtime pay for any hours worked in excess of 8 in one calendar day?

    2. Are full-time employees in Massachusetts guaranteed some sort of benefits?

    Thank you in advance for your responses.

  • #2
    1.) No. Regardless of whether you are considered part time or full time, MA law does not require overtime to be calculated on a daily basis. Unless there is a bona fide contract that says otherwise, no employee in MA is entitled by law to overtime unless they have worked more than 40 hours in a week. The only states that require overtime for over 8 hours in a day are California, Nevada and Alaska. (CO requires daily overtime for over 12 hours in a day.)

    2.) No. Benefits of any kind are not required by law. This confuses some people who "heard something" about MA employers being required to provide health insurance benefits. This is not exactly true. A recently enacted law requires most employers who do not provide health insurance, to pay a tax to the state of so much per employee. However, it is still the choice of the employer whether to pay the tax or provide the insurance. Depending on the employee population, it can still be cheaper to pay the tax; thus, some employers elect to do that and that is their right under the law.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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