Massachusetts Wage and Hour FAQs

Massachusetts Minimum Wage, Overtime Law Questions

Back to Massachusetts Overtime Law

What is the Massachusetts minimum wage?

The minimum wage in Massachusetts is $8.00 per hour.

What is the minimum wage in Massachusetts for tipped employees?

The minimum wage for tipped employees is $2.63 per hour. Tipped employees in Massachusetts must be informed of this wage and hour law before being paid at this rate. In addition, a tipped employee’s direct wages plus their tips must equal at least the minimum wage. Tipped employees are allowed to keep their tips or distribute them through a valid tip-pooling arrangement. Under Massachusetts minimum wage law, a tipped employee can be defined as a worker who makes more than $20 a month in tips.

Should employees receive additional pay when working on a weekend, holiday or at night?

Massachusetts wage and hour law does not require employers to provide extra pay for working on weekends, holidays or at night. However, the Massachusetts Blue Laws mandate that certain retailers provide premium pay for working Sundays and certain holidays.

Are Massachusetts workers entitled to sick leave, vacation pay or severance?

Massachusetts wage and hour law does not require employees to pay for sick or vacation time when the employee is absent from work. Employers are also not required to offer severance pay. However, if a worker offers vacation leave, vacation pay may count as wages due to a worker.

If a worker must remain on-call, should they be compensated?

On call workers are not entitled to compensation if they do not have to wait at the employer’s location; can freely use their time; and are not working while on call. If the employee is called and must report to work, they must be paid for time spent working.

What is the definition of a full-time employee?

Massachusetts wage and hour law does not define “full-time” and “part-time” employees. In general, these terms are defined by the employer. Both full-time and part-time employees are covered by Massachusetts wage and hour law.

Who should receive overtime pay?

Most employees should receive time-and-a-half compensation for hours worked over 40 in a single workweek. Massachusetts overtime law does not require time-and-a-half pay for work exceeding eight hours in a day.

Some workers, including executives, professionals and seasonal employees are exempt from overtime pay. Even if an employee is exempt from overtime pay under Massachusetts overtime law, it’s important to consult federal overtime law.

Can employees receive “comp” time instead of overtime pay?

Employers cannot offer compensatory time instead of overtime pay.

Can salaried employees receive overtime pay?

Being paid by a salary does not automatically disqualify a worker from overtime. Job duties and the type of employer decide whether an employee should receive overtime.

Can a worker waive their right to overtime compensation?

An employer and employee cannot make an agreement to violate Massachusetts overtime law.

If an employee works 40 hours during a single workweek and then receives 8 hours of holiday pay, should they receive overtime?

No. Overtime is based on hours actually worked. Holiday, sick or vacation pay when an employee is not working is not considered for purposes of overtime.