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  • Question MA Labor laws

    I work as a private detective in the state of MA for a large corperation. I have a few questions. First I am requierd to write detailed reports every day after work that they do not pay me for. Second they started asking me to break off for 1 hour and return to the case if person is inactive after 4 hours, sometime twice in one day. Some of the cases are over 200 miles and they only pay me 39 cents a mile no hourly wage for travel. They also have me make phone calls and look up information on the web at all times of the day when im not working that I never get paid for. I am paid by an hourly wage for the time I am sitting on a case only and was wondering if they can do all of the above leagaly or not.

  • #2
    Are you an employee or an independent contractor?

    If you are an employee, are you an exempt employee?

    If you are an employee, and you are not exempt, then you must be paid for your time worked, which would likely include your reporting and research hours.

    As for break time, the general rule in MA is that employers can mandate that employees clock out for certain periods, so long as the employees are not performing work-related activities or required to stay on premises.

    Travel time is generally not covered as "work-time", except that employees who regularly work at a fixed location who are required to travel elsewhere, must be compensated for the travel time in excess of ordinary time between home and the normal work location. Overnight stays are also compensated in accordance with the Federal Rule 29 CFR 785.39. Note that travel time is very difficult to get covered, even if the employee is traveling in comapny-owned vehicles with company tools and materials.
    Last edited by CompensationCounsel; 04-12-2006, 02:46 PM.
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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