Legal Question in Employment Law in Massachusetts

Salary vs hourly

Good Evening,

I work for a not-for-profit company and was hired as salary. Unbeknownst to me, 2 existing employees in the exact same position as I am in, with the exact same title and job responsibilities are hourly employees, and as such they are paid for overtime.

Additionally, if I work, say, 39 hours in a week, I am required to use my leave time or I am not paid for 1 hour of my ''salary.''

Are these instances legal??

Thank you!


Asked on 6/20/09, 10:24 pm

1 Answer from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: Salary vs hourly

As you describe your circumstances, it sounds like a likely violation of federal and state wage and hour laws. It sounds like you are not genuinely a salaried employee because obviously a salary is not normally reduced for weeks when an employee works less than 40 hours. However, I would want to find out about the specifics of your particular job and the industry that you work in to determine whether you are subject to the overtime laws and if so, the extent of your damages.

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Answered on 6/22/09, 2:50 pm


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