Legal Question in Employment Law in Massachusetts

I recently started working at a newly opened restaurant in Salem Massachusetts as a cook, and have been there since before day one. This company also owns another restaurant in South Boston.

I was totally shocked when I received my first bi-monthly check with NO time and a half for all those extra hours past 40 per week!

When I questioned it the next day, I was told that Massachusetts law did not require overtime pay for restaurant workers!

Please help!


Asked on 10/17/10, 3:30 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Although you may not be covered under Massachusetts law, you are very likely entitled to overtime under federal law, the Fair Labor and Standards Act (FLSA).

Restaurants with annual gross sales from one or more establishments that total at least $500,000 are subject to the FLSA. Also, any person who works on or otherwise handles goods that are moving in interstate commerce is individually subject to the minimum wage and overtime protection of the FLSA. Taking deliveries would tend to constitute handling goods in interstate commerce.

Please call me to discuss this.

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Answered on 10/25/10, 9:35 am


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