Legal Question in Employment Law in Massachusetts

Re: overtime and hours

Thank you for your inquiry. To give you some background about ourselves, Conforto Law Group is a boutique Boston law firm specializing in employment law and committed to the representation of employees.

Regarding your question, under the Fair Labor Standards Act of 1938, there are only two types of employees: exempt and non-exempt. The FLSA mandates that non-exempt employees must receive at least one and one-half times their regular rate of pay for all hours worked over 40 in one workweek.

Based on the description of duties that you provided, you do not appear to fit into any of the exemptions because you do not manage other employees. You therefore may be entitled to recover for past overtime that you have worked.

Feel free to contact me directly with further questions. I hope that I may be of assistance.

Re: overtime and hours

Please call my office to discuss. You are entitled to ot after 40 hours in a work week

Re: overtime and hours

Actually, both State (under the MA Wage Act) and Federal overtime laws (under FLSA) have exemptions specifically related to truck drivers and drivers helpers. A couple of questions to help figure out whether you're exempt:

What's the gross vehicle weight of your truck?

Do you drive the truck or just help load and unload?

What's your primary duty?

Do you drive interstate?