Legal Question in Business Law in Massachusetts

Over Time

I Work in Ma. at a company that provides voice over internet phone service i am a customer care rep. does my employer have to pay time and a half for over time. also are holidays 1 1/2 and are they voluntary.


Asked on 11/23/07, 7:45 pm

1 Answer from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Over Time

Generally, employers have to pay in accordance with state and federal wage and hour laws and regulations. There are certain exceptions, but there should be posters posted in your breakroom or other common area on the particular regulations.

"The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked. The FLSA also provides that covered, nonexempt employees who work more than 40 hours in the workweek must receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a workweek). A workweek, which can begin on any day of the week, is 7 consecutive 24-hour periods or 168 consecutive hours."

...

There are a number of employment practices which the FLSA does not regulate. For example, the FLSA does not require:

(1) vacation, holiday, severance, or sick pay;

(2) meal or rest periods, holidays off, or vacations;

(3) premium pay for weekend or holiday work; ...

-from DoL website

As far as holidays - if it is not a retail situation, which it doesn't sound like, it wouldn't seem like time and a half is required, but you can check with the Attorney General's office on that.

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Answered on 11/24/07, 5:21 pm


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