Failure To Pay Overtime


At Malonis Law Office, we focus our efforts on helping those who have not been paid overtime by their employer. Failure to pay overtime is against federal and Massachusetts state laws and your employer should be held accountable for their actions. Both federal and state law agree that if an individual works over 40 hours a week, they must be paid overtime that is equal to one-and-a-half times their regular pay rate. If an employer is required to pay overtime and does not, the worker can pursue a claim against the company for unpaid wages. At Malonis Law Office, we want to help you secure your unpaid overtime.

As an experienced Massachusetts employment attorney, we can help workers whose employers have yet to pay wages including overtime, as required by law. We can review your case and come up with a plan of action to see you receive just compensation.

Understanding Your Rights

Even though federal and state law requires that hourly employees are paid overtime when working over 40 hours a week, not every employee is guaranteed overtime. There are exemptions. Unfortunately for employees, employers will try to use the exemptions to avoid having to meet their obligations for overtime. As a law office, we have seen time and time again the misclassification of employees so that employers can avoid paying overtime wages.

To ensure you receive overtime pay, it is important that you understand the rules of exemption. Such rules are provided by the Massachusetts Overtime Act and Fair Labor Standards Act. They include:

  • The exemption is given to a bona fide executive or professional
  • Bona fide administrative personnel are exempt but must be provided a salary of $455 per week with their primary duty being to perform non-manual work or office work that is related to customer service or the general operations of the business.
  • Under certain circumstances, computer professionals or creative professionals are exempt
  • Fishermen and seasonal farm employees are exempt
  • Commercial truck drivers may be exemp

Generally speaking, it is most important to determine if an individual is exempt from the overtime requirements by asking the question if the employee can use their discretion and judgment on matters that have significance. If so, then they are exempt, in most cases. For example, a manager would have more discretion when it comes to making decisions about a business than a sales employee who works the cash register. The manager would be considered exempt from overtime wages, but the sales employee would not.

If you find yourself incorrectly classified by your employer and are due overtime wages, with your employer refusing to pay you, then its time to take action. There is a statute of limitations for unpaid overtime claims. Two years is the maximum time that can pass, and a claim still be filed. With our help, a complaint can be made to the Fair Labor Division of the state’s Attorney General’s office or a civil lawsuit can be filed to recover the funds.

Let us help you fight for your unpaid wages, helping you collect what’s rightfully yours. Contact us today to schedule an appointment for a consultation.