Federal FLSA requirements, Massachusetts-specific overtime rules, exempt employee classifications, and how to calculate and protect your overtime pay.
Last updated: April 2026 · Data: IRS, BLS, state sources
The Fair Labor Standards Act (FLSA) requires covered employers to pay non-exempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 in a single workweek. This is commonly called "time and a half." The FLSA sets the federal floor for overtime protections; states can and often do provide stronger rules.
A "workweek" under the FLSA is any fixed, regularly recurring 168-hour period (seven consecutive 24-hour days). Overtime is calculated per workweek, not per pay period. You cannot average hours across two weeks to avoid overtime pay.
The FLSA does not require overtime for work on weekends or holidays unless those hours push the weekly total above 40. Extra pay for weekend or holiday work is a matter of employer policy or employment contract, not federal law.
Massachusetts follows the federal FLSA standard: overtime pay is required for all hours worked beyond 40 in a single workweek. There is no state-level daily overtime law in Massachusetts that goes beyond the federal standard.
This means that working 10 hours one day and 6 hours the next does not trigger overtime as long as the weekly total does not exceed 40 hours. Overtime is calculated on a workweek basis, not a daily basis.
Some industries and professions have different federal rules. Truck drivers, for example, are subject to Department of Transportation hours-of-service regulations rather than FLSA overtime rules.
For hourly employees: multiply the regular hourly rate by 1.5, then multiply by the number of overtime hours.
Example: A worker in Massachusetts earning $18/hour who works 48 hours in a week:
For salaried non-exempt employees, divide the weekly salary by actual hours worked to determine the regular rate, then pay 0.5x that rate for each overtime hour (since the salary already covers the straight-time portion).
Not all employees are entitled to overtime pay. Employees classified as "exempt" under the FLSA's white-collar exemptions are not covered. To qualify for an exemption, employees must generally meet both a salary test and a duties test.
Salary threshold (2026): Exempt employees must earn at least $684 per week ($35,568 annually). Highly compensated employees earning $107,432+ are exempt if they perform at least one executive, administrative, or professional duty.
The three main white-collar exemptions:
If you believe your employer has violated overtime laws, you have several options:
Employers who are found to have willfully violated overtime laws may also face civil money penalties up to $2,074 per violation.
Use our free overtime calculator to compute exact overtime pay for hourly and salaried workers in Massachusetts, including state-specific rules where applicable.
Open Massachusetts Overtime CalculatorUnder the federal FLSA, overtime is based on hours exceeding 40 in a workweek, not per day. Massachusetts does not have an additional state-level daily overtime law, so only the weekly 40-hour threshold applies.
Private-sector employees covered by the FLSA must receive cash overtime pay. Comp time in lieu of overtime is only permitted for state and local government employees. Private employers who substitute comp time for overtime pay are violating the FLSA, and any such agreement is unenforceable.
Massachusetts follows the federal FLSA standard and does not impose additional daily overtime requirements beyond the 40-hour weekly threshold. Always check for industry-specific regulations that may apply to your profession.