Massachusetts Overtime Calculator — weekly threshold + ABC test

Frequently Asked Questions

• What is the overtime rate in Massachusetts?

  Massachusetts requires employers to pay non-exempt employees at least 1.5 times their regular rate of pay for all hours worked in excess of 40 in a single workweek (MGL c.151 §1A). This mirrors the federal FLSA standard (29 USC §207). There is no double-time requirement and no daily overtime threshold.

• Does Massachusetts have daily overtime rules?

  No. Unlike California, Massachusetts does not require overtime after 8 hours in a day. The only overtime trigger is exceeding 40 hours in a workweek. Hours worked on Sundays, holidays, or overnight are treated the same as regular hours for overtime calculation purposes.

• When did Massachusetts eliminate the Sunday premium pay requirement?

  Massachusetts eliminated the Sunday premium pay requirement for retail workers on January 1, 2023. Before that date, certain retailers were required to pay 1.25× for Sunday shifts. As of 2026, employees working Sundays receive standard overtime only if their total weekly hours exceed 40.

• Who qualifies for overtime in Massachusetts?

  Most non-exempt employees qualify. Exemptions exist for bona fide executive, administrative, professional, outside sales, and computer employees who meet both a salary-level test and a duties test. Massachusetts's strict ABC independent-contractor test (MGL c.149 §148B) means workers who would be independent contractors federally are often employees in Massachusetts — and therefore eligible for overtime.

• How does Massachusetts's ABC test affect overtime eligibility?

  Under MGL c.149 §148B, a worker is presumed to be an employee unless the employer proves: (A) the worker is free from control in performing the service; (B) the service is outside the usual course of the employer's business; and (C) the worker is customarily engaged in an independently established trade or business. Failing any prong means the worker is an employee — entitled to overtime even if a contractor agreement exists.

• Can my employer give comp time instead of overtime pay?

  Generally no for private-sector employees. Private employers in Massachusetts must pay overtime in cash at the 1.5× rate; they cannot substitute compensatory time off for overtime pay. Comp time is permitted for state and local government employees under FLSA §207(o), but this exception does not apply to the private sector.

• What are the penalties if my Massachusetts employer fails to pay overtime?

  Under MGL c.149 §150, employees who prevail in an overtime claim are entitled to treble (3×) damages on the unpaid amount, plus reasonable attorney fees and litigation costs. The Massachusetts Attorney General's Fair Labor Division also accepts overtime complaints at no cost to the employee.

• Is overtime calculated per pay period or per workweek?

  Overtime is calculated on a workweek basis — a fixed, regularly recurring 168-hour (7-day) period. Pay periods (biweekly, semi-monthly, etc.) are irrelevant. Employers cannot average hours across two workweeks to avoid overtime, even if the pay period spans two weeks.

• Do salaried employees in Massachusetts get overtime?

  Salaried employees are not automatically exempt. A salaried employee must satisfy both a salary-level test (currently tracking the federal DOL threshold) and a specific duties test to be exempt. Employees who meet only one test remain entitled to overtime despite receiving a salary.

• What is the statute of limitations for overtime claims in Massachusetts?

  The statute of limitations for wage claims — including overtime — is 3 years from the date the wages were due under MGL c.149 §150. This is longer than the federal FLSA's 2-year period (3 years for willful violations). Act promptly to preserve the full recovery window.