Massachusetts Overtime Exemptions

If you work in any of the following capacities, you may not be entitled to overtime under the state law; however, this determination can only be made after a Massachusetts employment attorney reviews the facts and circumstances of your case:

  • as a janitor or caretaker of residential property
  • as a golf caddy, newsboy or child actor or performer.
  • as a bona fide executive, or administrative or professional person or qualified trainee for such position earning more than eighty dollars per week.
  • as an outside salesman or outside buyer.
  • as a learner, apprentice or handicapped person under a special license as provided in section nine.
  • as a fisherman or as a person employed in the catching or taking of any kind of fish, shellfish or other aquatic forms of animal and vegetable life.
  • as a switchboard operator in a public telephone exchange.
  • as a driver or helper on a truck with respect to whom the Interstate Commerce Commission has power to establish qualifications and maximum hours of service pursuant to the provisions of section two hundred and four of the motor carrier act of nineteen hundred and thirty-five, or as employee of an employer subject to the provisions of Part 1 of the Interstate Commerce Act or subject to title II of the Railway Labor Act.
  • in a seasonal business.
  • as a seaman.
  • by an employer licensed and regulated pursuant to chapter one hundred and fifty-nine A.
  • in a hotel, motel, motor court or like establishment.
  • in a gasoline station.
  • in a restaurant.
  • as a garageman, which term shall not include a parking lot attendant.
  • in a hospital, sanitorium, convalescent or nursing home, infirmary, rest home or charitable home for the aged.
  • in a non-profit school or college.
  • in a summer camp operated by a non-profit charitable corporation.
  • as a laborer engaged in agriculture and farming on a farm.
  • in an amusement park containing a permanent aggregation of amusement devices, games, shows, and other attractions operated during a period or accumulated periods not in excess of one hundred and fifty days in any one year.