Massachusetts and federal law provide that most employees should be paid on an hourly basis unless the employer can meet certain exemptions.  The three most common types of overtime exemptions are: (1) the Executive Exemption; (2) the Professional Exemption; and (3) the Administrative Exemption.

Executive Exemption: To qualify for this exemption, your primary duty must be managing the business (or subgroup of the business).  You also have to regularly supervise the work of two or more employees.  In addition, you have the authority to hire or fire other employees or your hiring suggestions are given “particular” weight.

Professional Exemption: To qualify under the professional exemption, your primary duty must be performing work which requires advanced knowledge of a “predominantly intellectual nature” which includes work that requires the “consistent exercise of discretion and judgment.”  You must have advanced knowledge in a field of science or learning and this advanced knowledge must be customarily gained through “a prolonged course of specialized instruction.”

Administrative Exemption:  To qualify under this exemption, your primary duty must be office or non-manual work which directly relates to the management or general business operations of the employer or employer’s customers.  In addition, your primary duty must include exercising discretion and independent judgment regarding “matters of significance.”

The executive, professional, and administrative exemptions all have threshold weekly salary requirements.   In addition to these, Massachusetts General Law Chapter 151, Section 1A sets forth numerous other exemptions from overtime.

If your job does not fit within the exemptions set forth under the Fair Labor Standards Act or Massachusetts law, you may be entitled to overtime pay.  Employees who are not considered exempt must be paid at 1.5 times the hourly rate, for every hour worked over 40 in a given work week.  In addition, overtime claims under Massachusetts fall under the umbrella of the Wage Act, and employees who succeed at trial on their claims are entitled to an award of mandatory treble damages and their attorneys’ fees.

At the Harbor Law Group we understand the importance of being paid properly.  We regularly represent employees who feel that they have not been properly classified and as such have not received overtime compensation.  We assist clients with taking the first step by filing wage complaints with the Massachusetts Attorney General’s Office and then bringing lawsuits in federal and state courts within the Commonwealth.