Overtime Attorneys in Massachusetts

According to employment laws, unpaid overtime is when your employer owes you wages if you worked more than 40 hours in a particular work week. To put things into perspective, when you work more than 40 hours a week, you are entitled to time-and-one-half of your regular pay. For instance, if you earn $10 an hour and you work overtime, you should make $15 an hour as overtime pay. 

You can prove unpaid overtime by keeping records of your hours worked and wages. That said, the kind of evidence you will need will depend on the specifics of your case. Generally, you may need the following:

• Copies of your pay stubs
• Statements from your colleagues confirming that you worked overtime
• Copies of your arrival and departure times at work, especially if your employer uses an electronic time management system
• Surveillance footage
• Employer policies and procedures 

Since unpaid overtime cases vary from one individual to another, it is always advisable to consult an experienced overtime attorney to understand your options. The attorney will also let you know what evidence best suits your case.

Remember, when you file such a lawsuit, you carry the burden of proof. In other words, you are responsible for proving that the employer did not pay you for overtime. Therefore, the sooner you contact an employment attorney, the better your chances of obtaining a favorable outcome. 

In the past, plaintiffs have been able to recover the following damages from unpaid overtime lawsuits: 

Back Pay

This refers to the amount of money (overtime pay) your employer owes you. It forms the basis of an unpaid overtime lawsuit.

Interest

Your employer might also be required to pay you interest in addition to the back pay. The amount of interest you may be eligible for will depend on various factors, such as how long you worked, the back pay amount, how long you have been without a job, etc.  

Double Damages 

The court might also order the employer to pay you double damages. This mostly happens if the court determines that the defendant (your employer) intentionally withheld your wages.

Penalties

Because unpaid overtime is a form of wage theft, the court might penalize the defendant. This penalty usually comes in the form of a financial award for the plaintiff.  

Legal Fees

Finally, the court will order your employer to pay your legal fees and other costs of pursuing the case, that is, if you win the lawsuit. As a result, you will not need to pay legal fees out of pocket.

Your employer might make an honest mistake when calculating your wages. These mistakes happen all the time. In that case, you should approach the employer and notify them about the unpaid overtime. If the mistake was honest, they should be able to correct it and pay you what they owe, usually in the next paycheck.

But if they refuse to correct the mistake, contact an attorney immediately. The attorney will review your case and determine the legal pathway to take. 

Keep in mind that rogue employers use different tactics to avoid paying overtime. Examples of these tactics include:

Misclassification 

Some employers misclassify their workers as exempt, denying them their right to overtime pay. This is because exempt workers, such as independent contractors, are not usually paid overtime.

Working Off the Clock

If your employer repeatedly requires you to work off the clock without pay, you might have a valid unpaid overtime case against them. Contact an experienced employment attorney to determine whether you can take legal action against your employer. 

Paying Fixed Salaries

There is nothing wrong with getting paid a fixed salary. But some unscrupulous employers use this tactic to overwork and underpay their employees. 

Working During Breaks

You are not required to work during your break time. But some employers still request employees to work during their breaks and without pay. Sadly, most employees do not dare to decline such requests because they fear losing their jobs. 

Changing Job Responsibilities

Does your employer require you to perform roles that do not appear in your job description or responsibilities? In that case, they should pay you for the extra roles and additional hours worked. Failure to do so could warrant an unpaid overtime lawsuit against them. 

It is always advisable to contact an experienced attorney immediately when you believe that your employer owes you overtime and is unwilling to pay you. In Massachusetts, plaintiffs have three years to bring such legal action against an employer. This deadline is known as the statute of limitations and varies from state to state. 

If you do not file a lawsuit against your employer within three years from the date you discovered or should have discovered that they owed you overtime pay, your employer will likely use this as a defense in court. Specifically, they will ask the court to dismiss any claim for overtime pay you earned more than three years ago. For instance, if you file an unpaid overtime lawsuit in 2022, your employer will only need to pay overtime wages dating back to 2019 at the earliest. 

In Massachusetts, working 8 hours a day does not mean you are entitled to overtime pay. Instead, the state follows the 40-hour rule, meaning you are entitled to overtime if you work more than 40 hours in a particular work week. 

Yes, you can. In most cases, when an employer denies you your hard-earned wages, chances are they are also doing the same to your co-workers. In that case, you may be able to file a class action lawsuit against them, increasing your chances of obtaining a favorable outcome. An experienced overtime lawyer will review your case and determine the best approach. 

It all depends on the law firm or attorney you choose to work with. For instance, at Morgan and Morgan, we do not charge our clients any upfront fees to file such cases. Instead, we provide a free case evaluation and legal representation, that is, if the claim is valid.

When you hire us to take on your case, you will not pay us unless we win. And, as mentioned earlier, if you win the case, chances are the defendant will be required to settle the legal costs, so you will not have to worry about paying us out of pocket. 

You can file an unpaid overtime claim or lawsuit against your employer without an attorney. However, your chances of winning without an attorney are significantly lower than when you have legal counsel.

An experienced attorney understands labor and employment laws at different levels of the government, both local and federal. They can help interpret these laws and how they apply to your specific situation. 

The attorney will also help you determine the best approach for such a case. For example, depending on the specifics of your case, you may need to file a class action lawsuit or an individual lawsuit. Sometimes, the cost of pursuing a particular legal pathway might be higher than the actual value of the case. For this reason, the attorney can help formulate the best legal strategy to approach the case and maximize your claim.

Experienced employment attorneys can also help assess your damages, maximizing your claim. When you pursue such a claim without an attorney, you may not fully understand what you are entitled to when negotiating with the other party.

Speaking of negotiations, overtime lawyers can negotiate with your employer on your behalf to have the matter solved out of court. If you have a strong case, chances are your employer will want to negotiate out of court to avoid paying hefty legal and court fees. But it can be intimidating facing your employer without an attorney, which is why having legal counsel is a great idea.

Remember that your employer will likely have lawyers representing them and fighting for their interests throughout the process. If your employer understands and realizes the importance of legal counsel in such situations, so should you.

No, not all workers are entitled to overtime pay. The question of whether or not a particular employee is entitled to overtime pay will depend on their state's employment laws, categorization, and position. To receive overtime pay, you must be an employee of the company or organization. 

That said, the following workers may not be entitled to overtime pay in Massachusetts:

• Independent contractors
• Newspaper deliverers
• Certain criminal investigators 
• Certain workers on small farms
• Volunteers
• Computer specialists earning more than a particular hourly wage
• Certain childcare providers
• Certain employees at seasonal businesses 

Here's the full list of exempt workers in Massachusetts. 

Contact an experienced attorney if you believe you are entitled to overtime pay. The attorney will review your work categorization and determine whether you qualify for such pay and how best to fight for your rights. 

No. It is unlawful for your employer to request you to sign an agreement to waive your right to overtime. Do not sign any such agreement even if they force you to or threaten to fire you. Instead, contact an experienced overtime attorney immediately.

Just because you earn a salary does not mean you are not entitled to overtime pay. In most cases, your salary does not determine your eligibility for overtime pay. Rather, the type of employer and your employment category decides your eligibility. 

Morgan and Morgan overtime lawyers can fight for you if your employer owes you overtime pay. We are the biggest personal injury law firm in the United States, with an army of over 800 attorneys serving clients from coast to coast. 

And when it comes to labor and employment litigation, no other law firm in the United States comes close to Morgan and Morgan. To put things into perspective, our law firm has filed the most employment cases in the country over the last five years. 

We have the resources and experience to fight against rogue employers, regardless of their size. Our trial-ready attorneys cannot be bullied by big companies and organizations that make millions by denying their workers their hard-earned wages. 

But, to fight for you, we will need to learn more about your case. So fill out our free case evaluation form to get started. Remember, you do not owe us anything unless we win.