Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Overtime Massachusetts

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Overtime Massachusetts

    My brother works at a (deleted) as a general employee and he is currently working 50 hours this week and he told me that he will not be paid time and one half for the extra 10 hours. I have review the MGL for Overtime labor law and i cant tell if he is covered under law to be provided the minimum overtime.

    Does anyone know if he should be given OT or is there some loop-hole that would help the owner to make him exempt. Thanks
    Last edited by Betty3; 02-20-2010, 02:07 PM. Reason: remove name of employer

  • #2
    Assuming that you are talking about a sandwich shop and not a method of public transportation, then it is likely that the employee is subject to minimum wage and overtime rules. If the employee is a supervisor/manager, that could be one possible exception.

    Past that, including the name of the employer (if that is what it is) on a public website is generally a bad idea. A prudent person would alter the posting.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      thanks for the reply. I will be sure to state "sub shop" next time. So it appears he may first want to speak with the employer about the MGL and that he should be compensated accordingly. If that doesnt get him anywhere i would guess the next order of action would be to file with the attorney general. Does this seem appropriate.

      The only thing i am not sure about is under MGL Chapter 151, Section 1A (14) it states that those employed by a restaurant are exempt however i would not consider a sandwich shop a restaurant.

      Comment


      • #4
        When I do a google search under the employer you listed, it has restaurant behind (after) it's name. However, federal overtime rules may override the Ma. law. Hold & we should have a Ma. responder come along later.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          In regards to overtime, both federal and state law are applicable. Basically federal and state rules are examined separately and which ever rule set is most favorable to the employee is the one used.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            I know that & it seems federal law would allow OT but wanted another responder to verify (verify fed. allows & overrides Ma. therefore).
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Maybe a wording difference (and me being net-picky), but I would not use the word "override". We would get one answer using federal rules and one answer using MA rules (if any). The answer most favorable to the employee is the right answer.

              Past that, the answer is not always obvious. For example, we sometimes talk about the 100 or so federal FLSA exceptions to MW, OT or both. Lets say that MN does not support a specific FLSA exception. But MN OT rules are hours past 48 in the workweek, not the hours past 40 in the workweek well known in federal. Neither law set overrides the other, but instead both law sets are 100% active 100% of the time. Legally we have to look at both law sets to determine which law set at that particular moment is more favorable to the employee.

              It is actually fairly common for employees to be Exempt under federal rules, but non-exempt under state rules (or visa-versa). Meaning that depending on how many overtime hours the employee actually works, the employee might want to forum shop. TX for example has a very short list of Exempt classifications compared to the feds. CA is well known for having that $640/week Exempt Salaried minimum (compared to $455/week), but is less well known for having a lot of differences in Exempt classifications, not just the categories, but how the rules in the categories work. It is easy to say that since CA has the more pro-employee rules, that CA rules "override" the feds, but legally that is not true. The employee can always choose to use the federal rules (and federal recovery methods) instead.

              It does get interesting at times.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Geez!

                I still would like someone to verify that federal law allows OT for OP's brother if the brother is non-exempt. (I guess he could just go ahead & file a wage claim with the AG's office.)

                cbg? (cbg is a Ma. responder/super moderator)
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  If I post the actual wording from the DOL site, my friends here will yell at me, so here is the link that answers the question.

                  http://www.dol.gov/dol/topic/workhours/overtime.htm

                  Please refer to the second paragraph in reference to this question. It basically states that an employee who is subject to state and federal overtime laws is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay).
                  Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

                  I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

                  Comment


                  • #10
                    Just need it verified that is entitled to OT by federal law. May not be by Ma. law.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      Massachusetts has no overtime laws that would override Federal. Or, if you don't like the word override , we can put it this way: MA overtime laws are the same as Federal.
                      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.

                      Comment


                      • #12
                        Thank you! & under fed. law I don't see where employee would not be entitled to overtime if non-exempt.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Originally posted by DAW View Post
                          Assuming that you are talking about a sandwich shop and not a method of public transportation, then it is likely that the employee is subject to minimum wage and overtime rules. If the employee is a supervisor/manager, that could be one possible exception.
                          Just to clarify, just because the employee is a supervisor/manager doesn't make them exempt from OT. It's a possible exemption according to job duties, if they supervise at least a couple of employees.....

                          Yes, I know you said possible but I am just clarifying for OP.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            thanks a lot for all the help guys. So it definitely appears that he should be receiving overtime pay for the extra ten hours. I tried telling him that and that he is essentially losing 5 hours of pay. But he just doesn't seem too concerned for whatever reason. The only question i had for him which could change this while scenario is whether or not he is getting time and one-half on Sundays which would make any time he worked on Sunday not fall under the normal 40-hour time or a Holiday. But he doesn't even know.

                            Once again thanks for the help. Ill keep you updated as to what we find out.

                            Comment


                            • #15
                              You're welcome. There is a law in Ma. that certain employees in Ma. must be paid OT if they work on Sunday who work in **retail** establishments.

                              Any store or shop which qualifies for exemption under this clause or under clause (25) or clause (27) and which employs more than a total of seven persons, including the proprietor, on Sunday or any day throughout the week, shall compensate all employees engaged in the work performed on Sunday pursuant to the provisions of this clause, or clause (25) or clause (27), excepting those bona fide executive or administrative or professional persons earning more than two hundred dollars a week, at a rate not less than one and one-half times the employee’s regular rate. No employee engaged in work subject to the provisions of this clause shall be required to perform such work, and refusal to work for any retail establishment on Sunday shall not be grounds for discrimination, dismissal, discharge, reduction in hours, or any other penalty. The provisions of this paragraph shall be enforced by the office of the attorney general. The provisions of section one hundred and eighty A of chapter one hundred and forty-nine shall apply to any violation of this paragraph.

                              http://www.mass.gov:80/legis/laws/mgl/136-6.htm

                              http://www.mass.gov:80/legis/laws/mgl/151-1a.htm
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X