Comparing Massachusetts Wage Laws With The FLSA

The federal Fair Labor Standards Act (FLSA) establishes a minimum set of standards for when and how much employees must be paid. Massachusetts also has laws that provide greater protection. If you have a pay dispute with your employer, you may have a choice of pursuing a claim under the FLSA or Massachusetts state law.

At the law firm of The Employee Rights Group, LLC in Boston, our attorneys offer a confidential consultation to discuss your options under state and federal law. Call us at 774-847-7390.

What Are The Differences Between The FLSA And Massachusetts Law?

There are a number of differences between Massachusetts wage and hour laws and the FLSA. The following are just a few examples:

  • The FLSA establishes a minimum wage in 1995 of $7.25 per hour for a worker with health coverage and $8.25 without health insurance. In Massachusetts, the minimum wage is $9 per hour in 2015, rising to $10 in 2016.
  • Massachusetts' law allows workers to recover automatic triple damages for pay violations, compared to discretionary double damages under the FLSA.
  • Massachusetts law allows workers to recover up to three years of unpaid wages. The FLSA allows workers to recover up to two, and only sometimes three, years of unpaid wages.
  • Massachusetts law requires most employers to pay employees overtime for working on Sunday and certain holidays, even if the employee works less than 40 hours. The FLSA does not require overtime if the employee works 40 hours or less.
  • Massachusetts law requires employers to provide workers an unpaid 30-minute meal break if they work at least six hours. The FLSA does not require employers to provide a meal break.

Massachusetts is in many ways unique in the protection it provides workers. The following are examples of Massachusetts general laws that apply in wage and hour cases:

  • Chapter 151, sections 1 and 2 for minimum wage regulations
  • Chapter 151, section 1A for payment of overtime
  • Chapter 149, section 148 for payment of wages
  • Chapter 149, sections 100 and 101 for meal breaks

For More Information About State And Federal Wage Laws

To learn more about Massachusetts laws and the FLSA, talk to the lawyers at The Employee Rights Group, LLC in downtown Boston. Our phone number is 774-847-7390, or you can email us your questions.

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