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Boston Overtime Violation Attorney
Understanding Overtime Laws in Massachusetts
In Massachusetts, understanding the nuances of overtime laws is crucial for both employers and employees. Under the Fair Labor Standards Act (FLSA), most employees are entitled to time and a half pay for any work beyond 40 hours in a workweek. There are exceptions to this rule, including certain professional employees, managers, and salespeople.
Massachusetts takes this even further, with the "Blue Laws" that require retail businesses to pay employees time and a half for Sundays and certain holidays, irrespective of the number of hours worked during that week. Understanding these laws can help protect your rights and ensure fair compensation for your time.
The laws regarding overtime can be complex and difficult to navigate. That is why it is important to seek the help of a knowledgeable attorney if you believe your employer has violated these laws. At Davis & Davis, P.C. our team of experienced Boston overtime attorneys can help you determine if you have a case for overtime violation.
To learn more about how our legal team can support you, call us at (978) 228-2262 today.
What Are the Most Common Overtime Violations?
Our firm understands the importance of knowing the ins and outs of overtime laws, as well as the most common violations that occur in Massachusetts, including:
- Miscalculating Overtime Pay: This can occur when an employer fails to take into account all hours worked, including those outside the standard workday or workweek, when calculating overtime pay.
- Misclassifying Employees: An employer may wrongly classify an employee as exempt, meaning they are not entitled to receive overtime pay, when in fact they should be eligible based on their job duties and responsibilities.
- Failing to Pay for "Off the Clock" Work: Employers are required to pay for all hours worked, even if the work is performed before the official start of the workday or after it ends.
- Ignoring "Blue Laws": As mentioned earlier, in Massachusetts, retail employees must be paid time and a half for work on Sundays and certain holidays, even if they haven’t worked more than 40 hours in the week.
- Not Including Bonuses or Commissions in Overtime Calculation: If an employee earns bonuses or commissions, these should be factored into their regular rate of pay when calculating overtime.
Process of an Overtime Violation Case
If you believe you have been a victim of an overtime violation, the process to claim your rightfully earned wages begins by consulting an experienced attorney. At [Sub:BusinessName}, we will review your employment details and pay records to establish if your rights have indeed been violated. This includes analyzing your job classification, weekly hours worked, and if all your compensation—like bonuses and commissions—were correctly factored into your overtime calculation.
If a violation is established, we can file a claim on your behalf with the relevant labor authorities or court. It's important to remember that the law protects you from retaliation for filing an overtime claim, so your employment should not be jeopardized. Compensation for successful claims can include back pay for the unpaid overtime, liquidated damages, and in some cases, attorney's fees and court costs.
Contact Us Today!
With over 60 years of combined experience, our firm understands the complexities present in overtime violation cases and can provide the tailored legal guidance you deserve.
Schedule a consultation with our firm today by calling us at (978) 228-2262.
Call (978) 228-2262 to request a consultation with a Boston employment lawyer at Davis & Davis, P.C.
How Do I Know if I Am an Employee or an Independent Contractor?A:
Job titles are often misleading. It is important to look at the work being performed. Some companies (intentionally or unintentionally) misclassify workers as independent contractors when in reality these workers are employees of the company. As a result, these workers are not entitled to the same benefits as employees and have to pay the ‘self-employment tax’ of 7.65 percent because the company is not making contributions, (i.e., FICA, FUDA). While the federal law uses a test called the ’20 factor test’, Massachusetts uses a much more stringent test that is set forth in the statute. Massachusetts companies should be cautious about identifying workers as independent contractors who have an ongoing relationship with the company.
Are Non-Compete Agreements Enforceable in Massachusetts?A:
A Massachusetts court will enforce a non-compete agreement only if it is necessary to protect trade secrets or goodwill. The agreement must also be reasonable in scope (i.e., time and geography) and if it furthers the public interest. Massachusetts companies cannot use these agreements to restrict general competition. Employees have numerous defenses to assert which can invalidate the non-compete obligations. These defenses are particular to each situation, so employees are advised to consult with an attorney prior to signing a non-compete or non-solicitation agreement and prior to taking steps that might violate one that is already in place
If There Is a Progressive Discipline Policy in My Handbook, Does the Company Have to Comply With It?A:
Probably not. Most employee handbooks explicitly and clearly communicate that the handbook does not grant any contractual rights or protections to the employees. In fact, the handbook probably starts off with a disclaimer that explains that employees are ‘at will’ employees, which means that they can be fired with or without cause or notice. Some companies that use outdated or poorly drafted handbooks sometimes unintentionally open the door to claims. Business owners take note – it is better to have no handbook than a poorly drafted handbook.
When you need legal help from a well-respected attorney, contact Davis & Davis, P.C. From complicated employment law matters to emotional family-related legal issues, our team understands the nuances of every case and can devise a personalized solution that prioritizes your unique needs and goals. Use our secure online form or call us at (978) 228-2262 today to discuss your case.
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