Massachusetts overtime pay law: 3 years to file

the short answer

Time and a half past 40, but read the exclusions first — restaurants, hotels, garages, gas stations, seasonal work, farm work and more are written out of the state rule, and for those workers the federal claim is the only one. Where it does apply, Massachusetts is the strongest remedy in the country, because treble damages are mandatory rather than discretionary.

source ↗Not yet checked against the statute.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

Which overtime law applies in Massachusetts?

governing statute

M.G.L. c. 151, § 1A

source ↗Not yet checked against the statute.

What can you recover for unpaid overtime in Massachusetts?

penalty

"An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits" and shall also be awarded costs of the litigation and reasonable attorneys' fees (c. 149, § 150).

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How long do you have to claim unpaid overtime in Massachusetts?

limit

3 years

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Where do you report unpaid overtime in Massachusetts?

free route

The Attorney General's Fair Labor Division takes the wage complaint online. Ask for a “private right of action” letter in the comment box of that form: it is what lets you sue on your own, and it is the door to the treble damages above. Expect to hear back in three to four weeks. The limitations period for most wage and hour violations is three years.

source ↗Not yet checked against the statute.

How much can you sue for in Massachusetts small claims court?

small claims limit

$7,000

source ↗Not yet checked against the statute.

exceptions: The limit does not apply at all to a claim for property damage caused by a motor vehicle.

source ↗Not yet checked against the statute.

What else should you know in Massachusetts?

also

The Attorney General comes first: you file a complaint there and may sue 90 days later, or sooner if the Attorney General assents in writing (c. 149, § 150).

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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Can I sue for unpaid overtime in Massachusetts?

Which overtime law applies in Massachusetts?

What can you recover for unpaid overtime in Massachusetts?

How long do you have to claim unpaid overtime in Massachusetts?

Where do you report unpaid overtime in Massachusetts?

How much can you sue for in Massachusetts small claims court?

What else should you know in Massachusetts?

That is the rule. Whether it is your answer is a different question.