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Most people would assume that Jim’s overtime rate is $30.00 per hour because that’s 1.5 times his $20.00 per hour rate. In one week, Jim works 50 hours, 10 of which were overnight. Jim is also paid an extra $1.00 per hour to work an overnight shift. This means that an employee who is paid a base wage of $15.00 per hour, with a premium rate for certain shifts, is entitled to an overtime rate that is higher than $22.50 per hour.Įxample: Jim works in a factory and is paid $20.00 per hour.
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149 §148.Īlso, Massachusetts law requires employers to take into account shift premiums when calculating overtime payments. Employers who do not pay shift premiums for working certain shifts, despite having agreed to do so, are liable to their employees for triple damages, attorneys’ fees, interest, and costs. There is no specific law requiring employers to pay premiums for overnights, weekends, etc., but, employers often agree to pay premiums for those types of shifts to make them more desirable. Massachusetts law does, however, contain certain requirements regarding shift premiums for certain workers who work certain holidays or Sundays. Generally speaking, Massachusetts law does not require employers to pay employees extra for working certain shifts like, for example, overnight shifts. Field personnel and those whose time and performance are unsupervised by the employer.Massachusetts Shift Differential and Shift Premium Laws Employment Attorney representing employees in unpaid wage and unpaid overtime claims related to shift differentials and shift premiums across Massachusetts including in Worcester, Lowell, Springfield, Fall River, Pittsfield, and Barnstable Do not devote more than twenty percent (20%) of their hours worked in a workweek to activities which are not directly and closely related to the performance of the work described in paragraphs 5.1, 5.2, and 5.3 above Ħ.
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(a) Regularly and directly assist a proprietor or managerial employee in the management of the establishment or subdivision thereof in which he or she is employed or (b) execute, under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge or (c) execute, under general supervision, special assignments and tasks and,ĥ.4. Customarily and regularly exercise discretion and independent judgmentĥ.3. Primarily perform work directly related to management policies of their employer ĥ.2. Officers or members of a managerial staff, if they perform the following duties and responsibilities:ĥ.1. They have the authority to hire or fire other employees of lower rank or their suggestions and recommendations as to hiring, firing, and promotion, or any other change of status of other employees are given particular weight.ĥ. They customarily and regularly direct the work of two or more employees therein and,Ĥ.3. Their primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof Ĥ.2. Managerial employees, if they meet all of the following conditions:Ĥ.1. Kasambahay and persons in the personal service of another Ĥ. Those of retail and service establishments regularly employing not more than five (5) workers ģ. Government employees, whether employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporations with original charters or created under special laws Ģ. The benefit applies to all employees except:ġ. Night shift differential is an additional pay of ten percent (10%) for every hour of work done between 10:00 o’clock in the evening to 6:00 o’clock in the morning the following day.