Massachusetts Overtime Laws

April 16th 2026

It is common for employees to work beyond their normal hours of work. However, under Massachusetts labor laws, employers are required to compensate employees for hours worked over 40 in a workweek with overtime pay.

This article explains Massachusetts overtime laws, including overtime pay rates, eligibility, exemptions, and how overtime pay in Massachusetts works in 2026. It helps employers stay compliant and employees understand their rights.

Massachusetts Overtime Laws Summary

State overtime law Overtime applies at 1.5 times the employee’s regular rate of pay after 40 hours in a workweek
Massachusetts minimum wage $15.00 per hour
Minimum overtime wage $22.50 per hour for minimum wage workers
Comp time instead of overtime pay Not allowed 
Salary threshold for exemption $684 per week

This Article Covers

Massachusetts Overtime Pay Rate (Time and a Half Explained)

Under Massachusetts overtime laws, employees must receive time and a half (1.5x pay) for any hours worked over 40 in a single workweek.

For minimum wage workers who earn $15.00 per hour, the overtime wage stands at $22.50 per hour (1.5 times the minimum wage).

For agricultural workers in Massachusetts, the minimum wage is $8.00 per hour, which makes their minimum overtime rate: $12.00 per hour

What counts as hours worked for overtime in Massachusetts?

When calculating overtime pay in Massachusetts, hours worked include all time an employee is required to be on duty at the employer’s worksite or other location, any time worked before or after scheduled shifts to complete the work, and required travel time during the workday.

It does not include normal commuting time and paid time off (such as vacation, holidays, sick leave). Only actual hours worked over 40 count toward overtime.

For a deeper understanding of your overtime rights, read our detailed article on overtime rights in Massachusetts.

Who is Eligible for Overtime Pay in Massachusetts?

Under the Massachusetts overtime law, most non-exempt employees must receive overtime pay if they work more than 40 hours in a workweek and do not fall into an exempt job category.

Employees earning less than $684 per week ($35,568 annually) in non-exempt categories are generally entitled to overtime pay under federal law. Massachusetts state law covers more job duties- and industry-specific exemptions.

However, the overall eligibility for overtime pay depends on the type of work performed and industry classification, not just an employee’s salary level or job title.

Overtime wages cannot be waived by mutual agreement between an employer and employee in Massachusetts.

Overtime Exemptions in Massachusetts

Massachusetts has a broad list of state-specific overtime exemptions, with the following workers not being entitled to overtime under Massachusetts overtime laws:

  • Janitors or caretakers with living quarters earning at least $30 per week
  • Golf caddies
  • Newsboys
  • Child actors or performers
  • Certain executive, administrative, or professional workers, earning $80 per week
  • Outside salespersons
  • Learners, apprentices, or handicapped people employed with a special license
  • Truck drivers or helpers subject to maximum hour rules by the Interstate Commerce Commission
  • Seasonal workers employed for 120 days or less
  • Gasoline station employees
  • Restaurant staff
  • Employees in hotels, motels, and similar establishments
  • Garagemen, except for parking lot attendants
  • Staff in non-profit schools, colleges, or summer camps
  • Employees in amusement parks who work 150 days or less per year
  • Fishermen
  • Seamen
  • Employees of nonprofit schools or colleges
  • Workers in nonprofit summer camps operated by charitable organizations
  • Agricultural or farm workers

Additionally, under federal law, the FLSA, certain other employees and occupations may also be exempt from overtime pay, including:

  • Executive, administrative, and professional employees earning at least $684 per week as salary
  • Highly compensated employees making over $107,432 per year
  • Certain computer professionals earning at least $27.63 per hour
  • Outside sales employees
  • Live-in domestic service workers

Visit the FLSA guide to overtime exemptions for the full list of exempt categories.

Compensatory Time in Massachusetts

Comp time, short for compensatory time, is a practice where employees receive paid time off work instead of extra pay for working overtime hours.

Massachusetts law does not allow employers to provide employees with compensatory time off (“comp time”) instead of overtime wages.  

Overtime Pay for Tipped Employees in Massachusetts

A tipped employee in Massachusetts is someone who earns more than $20 in tips per month. Employers can pay these employees a lower cash wage of $6.75 per hour and claim a tip credit of up to $8.25 per hour.

However, a tipped employee’s total earnings (cash wage + tips) must meet the state’s minimum wage, which is $15 per hour currently. If not, the employer must make up the difference.

If a tipped employee works overtime hours, their overtime rate will be calculated at 1.5 times the full minimum wage, not the reduced tipped wage that they are being paid.

Example:

Overtime rate = $22.50/hour (based on $15 minimum wage)

Employers cannot increase the tip credit for overtime hours.

Fluctuating Workweek Overtime in Massachusetts 

Certain nonexempt salaried employees in Massachusetts can receive overtime through the Fluctuating Workweek Method (FWW). 

If eligible, these employees can receive an additional one-half (0.5) times their regular hourly pay rate for each extra hour worked. 

To be eligible for overtime under the FWW method, employees must have a workweek with fluctuating hours but still receive a fixed salary, including commissions, bonuses, and hazard pay. 

Learn more about Massachusetts salaried employees laws.

Massachusetts Blue Laws and Overtime Pay

Massachusetts previously required premium pay for working Sundays and holidays for certain retail employees.

As of recent updates, even retail employees follow standard overtime rules:

  • Sunday/holiday premium pay is largely phased out.
  • Overtime applies at 1.5 times their regular hourly rate only after 40 hours per week under the Massachusetts Blue Laws.

It is important to note that only certain retail businesses are allowed to operate on Sundays or holidays.

Recordkeeping Requirements Under Massachusetts Law

Employers must keep payroll records for three years, including:

  • Employee details
  • Wages paid each pay period
  • Daily and weekly work hours

Employers must give workers pay stubs that include the number of hours worked, hourly rate, and all deductions and increases made during the pay period.

Penalties for Violating Massachusetts Overtime Laws

Under the Massachusetts overtime laws, employees who are not paid overtime at the required rate can file a civil suit. Agreements to work for less than the overtime rate are not valid defenses.

If the employee wins, the employer can be ordered to pay:

  • Triple the lost overtime pay, treated as liquidated damages
  • Litigation costs
  • Reasonable attorney’s fees

It is advisable to consult with an attorney regarding overtime violations, as penalties may vary based on the severity of the case.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.