Massachusetts Shift Differential and Shift Premium Laws

Employment Attorney representing employees in unpaid wage and unpaid overtime claims related to shift differentials and shift premiums across Massachusetts including in Worcester, Lowell, Springfield, Fall River, Pittsfield, and Barnstable

Generally speaking, Massachusetts law does not require employers to pay employees extra for working certain shifts like, for example, overnight shifts. Massachusetts law does, however, contain certain requirements regarding shift premiums for certain workers who work certain holidays or Sundays. Learn more about that here.

There is no specific law requiring employers to pay premiums for overnights, weekends, etc., but, employers often agree to pay premiums for those types of shifts to make them more desirable. Employers who do not pay shift premiums for working certain shifts, despite having agreed to do so, are liable to their employees for triple damages, attorneys’ fees, interest, and costs. M.G.L. ch. 149 §148.

Also, Massachusetts law requires employers to take into account shift premiums when calculating overtime payments. 454 CMR 27.02. This means that an employee who is paid a base wage of $15.00 per hour, with a premium rate for certain shifts, is entitled to an overtime rate that is higher than $22.50 per hour.

Example: Jim works in a factory and is paid $20.00 per hour. Jim is also paid an extra $1.00 per hour to work an overnight shift. In one week, Jim works 50 hours, 10 of which were overnight. Most people would assume that Jim’s overtime rate is $30.00 per hour because that’s 1.5 times his $20.00 per hour rate. That’s wrong. Jim’s overtime rate is actually $30.30 because that rate takes into account that for some of his hours he was actually paid more than $20.00 per hour. Jim’s employer violates the Massachusetts Wage Act when it pays Jim overtime at the rate of $30.00 per hour. This may not seem like a lot of money, but it can add up. And it can definitely add up to a sizable amount when pursued on a class action basis.

Massachusetts employment lawyer Benjamin Steffans has extensive experience representing employees on an individual and class basis in unpaid wage and unpaid overtime claims. If you are a Massachusetts employee in Worcester, Lowell, Springfield, Fall River, New Bedford, Pittsfield, or Cape Cod with questions regarding shift differentials and shift premiums call us today for a free consultation.

ADDITIONAL TOPICS IN MASSACHUSETTS AND FEDERAL WAGE AND HOUR LAWS

Click a topic below to learn more

• Do employers have to pay me for accrued vacation time when my employment ends?

• Do employers have to reimburse mileage?

• Do employers have to pay for travel time?

• Do employers have to pay for training time?

• Do employers have to reimburse employees for uniforms?

• Do employers have to pay for: Sleep Time, On Call Time, Off-the-Clock Work, and Breaks/Lunch Breaks?

• Massachusetts Laws Regarding Server Minimum Wage, Tip Pools, and Service Charges

• Are Commissioned Employees Entitled to Minimum Wage and Overtime Under Massachusetts Law?

• Are Commissions Covered by the Massachusetts Wage Act?

• Massachusetts Independent Contractor Law

• Massachusetts Blue Laws – Premium Pay for Sundays and Holidays