Exemptions: Overtime & minimum wage - Massachusetts

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

The following employees are exempt form the Massachusetts overtime provisions: golf caddy, newsboy or child actor, administrative, executive and professional employees and trainees for those positions who earn more than $80.00 per week, outside salesmen and outside buyers, fishermen and seamen, switchboard operators, drivers and drivers' helpers, employees of restaurants, hotels and motels, employees of gas stations, garage men, those employed at hospitals and nursing homes for the elderly and agricultural workers.

State

Contact

Massachusetts Department of Labor and Workforce Development Division of Occupational Safety

Regulations

General Laws of Massachusetts
Part I. - Administration of the Government
Title XXI. - Labor and Industries
Chapter 151. Minimum Fair Wages
Chapter 151: Section 1A Overtime pay; excluded employments

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151/Section1a

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees