Frequently, travel time leads to employees working overtime. All travel time is required by MA law to be paid by employers as the employee’s regular hourly pay. Travel time that occurs during overtime must be paid as overtime. Overtime rates are calculated by the employee’s regular hourly rate and are required to be 1.5 times an employee’s regular rate for any time worked over 40 hours a week.

Employers cannot pay overtime travel expenses at straight time rate or at the minimum wage rate, unless the employee is specifically exempted. It is important to remember that ordinary travel between home and work locations are not compensable according to MA state wage law. Also, it is illegal for overtime pay to be waived, and therefore agreements cannot be made between employer and employee to waive overtime.

A successful claim brought by an employee for an employer’s failure to pay overtime for travel can result in 3 times the unpaid overtime and attorney’s fees and costs.

If you have questions regarding overtime and travel time, please fill out our contact form and we would be happy to help!