Boston Overtime Violation Attorney

Understanding Overtime Laws in Massachusetts

In Massachusetts, understanding the nuances of overtime laws is crucial for both employers and employees. Under the Fair Labor Standards Act (FLSA), most employees are entitled to time and a half pay for any work beyond 40 hours in a workweek. There are exceptions to this rule, including certain professional employees, managers, and salespeople.

Massachusetts takes this even further, with the "Blue Laws" that require retail businesses to pay employees time and a half for Sundays and certain holidays, irrespective of the number of hours worked during that week. Understanding these laws can help protect your rights and ensure fair compensation for your time.

The laws regarding overtime can be complex and difficult to navigate. That is why it is important to seek the help of a knowledgeable attorney if you believe your employer has violated these laws. At Davis & Davis, P.C. our team of experienced Boston overtime attorneys can help you determine if you have a case for overtime violation.

To learn more about how our legal team can support you, call us at (978) 228-2262 today.

What Are the Most Common Overtime Violations?

Our firm understands the importance of knowing the ins and outs of overtime laws, as well as the most common violations that occur in Massachusetts, including:

• Miscalculating Overtime Pay: This can occur when an employer fails to take into account all hours worked, including those outside the standard workday or workweek, when calculating overtime pay.
• Misclassifying Employees: An employer may wrongly classify an employee as exempt, meaning they are not entitled to receive overtime pay, when in fact they should be eligible based on their job duties and responsibilities.
• Failing to Pay for "Off the Clock" Work: Employers are required to pay for all hours worked, even if the work is performed before the official start of the workday or after it ends.
• Ignoring "Blue Laws": As mentioned earlier, in Massachusetts, retail employees must be paid time and a half for work on Sundays and certain holidays, even if they haven’t worked more than 40 hours in the week.
• Not Including Bonuses or Commissions in Overtime Calculation: If an employee earns bonuses or commissions, these should be factored into their regular rate of pay when calculating overtime.

Process of an Overtime Violation Case

If you believe you have been a victim of an overtime violation, the process to claim your rightfully earned wages begins by consulting an experienced attorney. At [Sub:BusinessName}, we will review your employment details and pay records to establish if your rights have indeed been violated. This includes analyzing your job classification, weekly hours worked, and if all your compensation—like bonuses and commissions—were correctly factored into your overtime calculation.

If a violation is established, we can file a claim on your behalf with the relevant labor authorities or court. It's important to remember that the law protects you from retaliation for filing an overtime claim, so your employment should not be jeopardized. Compensation for successful claims can include back pay for the unpaid overtime, liquidated damages, and in some cases, attorney's fees and court costs.

Contact Us Today!

With over 75 years of combined experience, our firm understands the complexities present in overtime violation cases and can provide the tailored legal guidance you deserve.

Schedule a consultation with our firm today by calling us at (978) 228-2262.