Legal Question in Employment Law in Massachusetts

I am an employee of a private company that operates 23 sporting venues throught the state of Massachusetts. I am the "Manager" of one of these facilities. This is a salary position. Each month all managers are required to attend Mandatory Managers' Meetings. Although these meetings are mandatory, I am not compensated for travel time or travel expenses. As my facility is one of the more remote locations, it requires me to travel upwards of three hours of driving time each way and I accumulate substantial fuel costs. What does the law require of my employer regarding this?

As a salaried employee my pay is based on a bi-weekly pay period. I am often required to work more than 80 hours per pay period. I have no issue with having to work the required hours to get the work required of me accomplished. On my bi-weekly pay stub my salary is shown as an hourly rate (my salary/80 hrs) and reflects 80 hours worked even if I work more than 80 hours. However, If I work less than 80 hours in a pay period - say 78 hours - I only get paid for 78 hours. If I want the full 80 hours I am required to use my "earned time". This does not seem equitable to me. If I am salary isn't my company required to pay me the full amount due to me?

Thank you!


Asked on 9/17/10, 4:08 am

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

I doubt the practice you describe is lawful. Generally an employee who is paid by the hour must receive overtime pay. By definition, if your salary is reduced as a result of not working sufficient hours, it would seem to me that you are in fact paid by the hour. I would very much like to speak with you about this because you have a potentially meritorious and valuable case.

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Answered on 9/22/10, 10:57 am


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