Legal Question in Employment Law in Massachusetts

Not paid for overtime ?

I work for a wholesale distributor. During the winter months, overtime is frowned upon. If someone happens to work 41.5 hours accidentally, the manager manually deletes the 1.5 hours overtime from the employees card, thus not receiving time and a half for the overtime worked. This happens quite often. Is this legal. and is there any recourse?


Asked on 5/13/02, 8:57 pm

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Not paid for overtime ?

This practice is illegal. The office of the Attorney General, Wage and Hour Administration, handles these matters for free. Your employer cannot retaliate against you for filing a complaint. If there is any adverse action taken against you, you have another claim that that office will pursue.

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Answered on 5/17/02, 9:13 am
Thomas Murphy Law Office of Thomas Murphy

Re: Not paid for overtime ?

No, this is not legal. Non-exempt employees should be paid time and one-half for all hours worked over 40 in any given week. You can file a complaint with the MA Attorney General, Division of Fair Labor and Business Practices. If others at your workplace are also effected, file complaints together -- there's a better likelihood the A.G. will take swift action.

Good luck.

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Answered on 5/14/02, 12:09 am


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