Filing a Wage and Hour Claim - Massachusetts
Under Massachusetts law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, agricultural, motor carrier, or outside sales activities are exempt from the overtime requirement. Additionally, the following occupations are exempt under Massachusetts law:
- Janitors or caretakers of residential property furnished with living quarters and paid at least $30.00 per week
- Gold caddies, newsboys or child actors or performers
- Learners or apprentices
- Disabled workers
- Fishermen
- Switchboard operator in a public telephone exchange
- Employees of seasonal businesses
- Seaman
- Hotel, motel or motor court employees
- Gasoline station employees
- Garagemen
- Restaurant employees
- Hospital, sanatorium, convalescent or nursing home, infirmary, rest home or charitable home for the aged employees
- Non-profit school or college employees
- Employees of summer camps operated by a non-profit charitable corporation
- Amusement park employees
The minimum wage in Massachusetts is $15.00 per hour, which is higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees is $6.75 per hour. See the Massachusetts website for more information.
Under Massachusetts laws about breaks and time off, employees are entitled to a 30-minute meal break within the first six hours of work.
You can file a wage complaint with the local Office of the Attorney General’s Fair Labor and Business Practices Division. The filing should include as much information and documentation as possible and any documents to support the claim.
If you have a wage/hour complaint, do not delay in contacting the Office of the Attorney General to file a claim. There are strict time limits in which wage claims must be filed. In order for the Office to act on your behalf, you must file the complaint within three years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
Ninety days after filing a wage complaint with or receiving written permission from the Massachusetts Office of the Attorney General, or employee can file a lawsuit to recover unpaid wages, triple damages, attorney’s fees and costs.