Massachusetts Overtime Laws 2026: $15 Min Wage & Sunday Pay

Massachusetts Overtime Pay Rules in 2026

Massachusetts overtime law (M.G.L. c. 151, § 1A) requires time and a half (1.5×) after 40 hours in a workweek for most non-exempt employees. MA has more exemption categories than the federal FLSA — but the rules around retail, Sunday, and holiday work have changed significantly through 2026.

Massachusetts Minimum Wage in 2026

Massachusetts maintains a $15.00/hour minimum wage for non-tipped workers and $6.75/hour for tipped workers (tips must bring total to $15.00). There is no scheduled 2026 increase, but Boston, Cambridge, and other cities are debating municipal increases.

End of Sunday and Holiday Premium Pay

This is the biggest 2026 change to remember: under the Grand Bargain (Chapter 121 of the Acts of 2018), Massachusetts phased out the longtime "Blue Law" requirement that retail workers receive 1.5× pay on Sundays and certain holidays. As of January 1, 2023, Sunday and holiday premium pay is no longer required for retail employees — they're paid straight time unless they exceed 40 hours in the week.

How to Calculate Massachusetts Overtime

Overtime Pay = Regular Rate × 1.5 × Hours Over 40

Example — A Worcester nurse earning $38/hour works 46 hours:

• Regular: 40 × $38 = $1,520
• Overtime: 6 × $57 = $342
• Total: $1,862

Use our Massachusetts Overtime Pay Calculator for accurate 2026 take-home including the federal No Tax on Overtime deduction.

Who Is Exempt from MA Overtime?

Massachusetts has its own exemption list under M.G.L. c. 151, § 1A — broader than the federal FLSA in some areas:

• Executive, administrative, professional (federal $684/week threshold)
• Outside sales and outside buyers of farm products
• Hotel, motel, restaurant, and gas station employees (state-only OT exemption — but FLSA still applies to most)
• Hospital, nursing home, and rest home employees (state-only exemption)
• Janitors and caretakers of residential property
• Agricultural and fishing workers
• Seamen, switchboard operators, and certain seasonal staff

Important: Many MA-exempt jobs (hotels, restaurants, healthcare) are still covered by federal FLSA, meaning workers DO get overtime under federal law. MA's exemptions only matter for the rare employer not covered by FLSA.

MA Wage Theft Enforcement

Under the MA Wage Act, employees can recover triple damages plus attorney's fees for unpaid overtime — one of the most worker-friendly statutes in the U.S. The MA Attorney General's Fair Labor Division actively prosecutes:

• Misclassification of "managers" who do mostly non-managerial work
• Unpaid travel time between job sites (construction, home health)
• Off-the-clock email and Slack work after hours
• 1099 misclassification (MA uses a strict ABC test)

How to File an MA Overtime Claim

You have 3 years under MA law to file. Process:

• . File a Non-Payment of Wages complaint with the Massachusetts Attorney General's Fair Labor Division
• . Wait for a "right to sue" letter (~90 days)
• . Sue in MA Superior Court — triple damages and fees are automatic for willful violations

Frequently Asked Questions

Does Massachusetts require daily overtime?

No. MA only requires overtime after 40 hours in a workweek, not per day.

Do retail workers still get Sunday premium pay in 2026?

No. The 1.5× Sunday/holiday premium for retail was fully phased out on January 1, 2023. Working Sundays is now voluntary, but premium pay is not required.

Are MA salaried employees ever owed overtime?

Yes — if you earn under $684/week OR your duties don't pass a federal EAP exemption test, you're entitled to overtime regardless of job title.

Does the federal No Tax on Overtime deduction apply in MA?

Yes. MA federal returns can claim up to $12,500 single / $25,000 joint deduction for FLSA-qualifying overtime in 2025–2028. MA state income tax (5% flat) still applies to the full overtime wage.