Legal Question in Employment Law in Massachusetts
are employees required to pay for time billed, if they inturn get the money for
Please bear with me as this is a pretty long question.
For 18 months I have worked for a company (consulting company) in MA.
Since it is a consulting firm my company got a development project from another company to write some software.
For 18 months they have requred employees to work at least 50 hrs and bill those hours so that my company can be reimbursed for those 50hrs.
While billing and getting paid for those hours, the company is paying the employees strictly salary only (regardless of however many hours an employee worked)
I have proof of all the hrs billed.
is this legal?
2 Answers from Attorneys
Re: are employees required to pay for time billed, if they inturn get the money
The short answer is yes they can. However, even if they are paying you on a salary basis, they may have to pay you overtime (at a rate of time and one-half) for the hours you have worked in excess of 40 in any given week, depending on exactly what your job responsibilities are. If your responsibilities make you a "non-exempt" employee, you are entitled to overtime pay, which you could collect going back over the 18 months that you have worked at the company. Such a claim would have to be filed with the Mass. Attorney General's Office.
Re: are employees required to pay for time billed, if they inturn get the money
If you do your work with little or no supervision, you and your fellow employees are not getting what you are entitled to under MA law. I would be happy to discuss with you.