No. The general and long established rule in Massachusetts is that employers must pay "time and a half" for all hours worked over 40 in a 7-day work week. That means regular, non-exempt employees must receive 1.5x their regular rate of pay for each hour over 40 hours. (Regular rate of pay includes all compensation, such as non-discretionary bonuses and shift differentials.)
In addition, your employer is not allowed to just pay you in "cash" at your regular rate without taking out employment taxes.
If you are a tipped service worker, your overtime compensation should be one and a half times minimum wage (not the “service wage”).
In nursing homes and residential living facilities, employers may pay overtime after 8 hours in any one day and 80 hours in a 14-day pay period.
If you are paid in cash for every hour you worked over 40 hours, or your employer transfers your hours worked over 40 to the following week’s paycheck: you are being cheated out of money and you need to call a Massachusetts wage and hour lawyer immediately! Carlin Phillips is experienced in these cases and has built a career on giving a voice to the underdog in the face of big, wealthy businesses. So do not be afraid to speak up! We do not collect any money upfront from our clients and we only get paid if and when we win your case. Each individual's situation is different so call us today and tell us your story. 508.998.0800.