Do Salaried Workers Receive Overtime?

Many employers tell their workers that they are not entitled to overtime because they are paid a salary. However, this is not true. In fact, just because you are paid a salary doesn't mean that your employer doesn't have to pay you overtime if you work more than 40 hours a week.

At The Employee Rights Group, LLC in Boston, we offer a free and confidential consultation to discuss your case and determine whether you may be entitled to overtime. If you are, we can help you file a claim against your employer and you may be able to recover triple the amount of overtime you are owed. Call 774-847-7390 to discuss salaried worker overtime claims with one of our lawyers.

When Can Salaried Employees Receive Overtime?

Under the Fair Labor Standards Act, your position will be classified as exempt or nonexempt. Nonexempt workers are entitled to overtime for hours worked in excess of 40 in a week, regardless of how they are paid. Exempt workers are not.

Some examples of times when Massachusetts employers are required to pay overtime to salaried employees:

  • If you make less than $23,600 a year.
  • If your duties are those of a nonexempt employee, regardless of your job title (this is most common).
  • If your employer can cut your pay if you miss part of the workday (i.e. you are not truly a salaried employee).

Employers often misclassify workers as exempt so they can avoid paying them overtime. As lawyers who regularly represent employers and employees in wage and hour cases, we have a good understanding of how the law classifies workers. We have an exceptional track record of resolving pay issues, both through negotiations with employers as well as in state and federal courts. If you have been improperly denied overtime pay, you could be entitled to tripled damages (3x) as well as attorneys' fees and interest.

Should You Be Paid Overtime?

To learn more about when employers are required to pay overtime, talk to our Boston unpaid overtime lawyers. Our phone number is 774-847-7390, or you can email us your questions.

In addition to representing individual employees, our attorneys represent groups of employees in overtime class actions.

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