WHAT TO DO IF YOUR EMPLOYER DOESN’T PAY YOU ON TIMEThe facts are simple: it is illegal for your employer to not pay you on time. Under the Department of Labor’s Fair Labor Standards Act and the Massachusetts Wage Act, an employer must pay an employee when payment is due — whether that’s once a month, every two weeks, or in some cases, as frequently as every day, depending on what state you live in and your profession. Violation of these laws is sometimes referred to as "wage theft" because, by failing to pay you what you are supposed to be paid for your work, the employer is in effect stealing your wages. In Massachusetts, employees must be paid weekly or biweekly (note: regulations are different for union workers, who can be paid less frequently depending on union negotiations). Massachusetts law also requires employers to provide earned sick time for their employees; this includes part-time and temporary employees. In Massachusetts, employees must be paid within six days of the end of the payroll period, in order for payment to be timely under the Wage Act. If you are fired or laid off, you must also be paid your final paycheck- including payment for any accrued but unused vacation time- on the day of termination. If you resign or quit, you still need to be paid these amounts, but your employer can make that payment in the next regularly scheduled payroll instead of the day of resignation. It is illegal for your employer to retaliate against you for asking to be paid appropriately under the law, or even for filing a complaint in court or with the Attorney General. If an employer withholds your wages, it’s a serious offense that not only breaks the law but causes stress and anxiety for you, the employee. There is a reason the laws are so strict, and impose such severe penalties on employers- we recognize that all workers depend on their wages to live their own lives, pay their bills, and take care of their families, and that it is not right or fair that the employer who controls the payroll can get the benefit of your time without paying you fairly. Here’s what wage theft looks like, and what you can do about it if it happens to you. Some Common Examples of Problems with Unpaid Wages Most employers try to do the right thing in terms of their workers, and make every effort to comply with the wage and hour laws. Sometimes, however, either a lack of information, misunderstanding of the rules, or cash flow pressures on a business lead to violations of those laws. Here are some examples of common errors that we see in paying wages:
Request to See the Employer’s Policy If you’re not paid on time, or think you should have been paid for sick time and were not, request to see the employer’s policy, which includes information about sick leave, vacation, personal leave, holidays and work hours. The policy will help determine whether there has been a violation of terms of employment or not. Make Sure It’s Not a Technical Issue Before you file a formal complaint, do one more thing: Make sure a technical error hasn’t caused the issue by contacting your manager and payroll department. Payroll could have made a technical mistake and the whole ordeal could be an unfortunate, embarrassing accident. While an accident is unprofessional and still doesn’t make the withheld pay justified, technical errors can often be cleared up quickly in-house with little fuss. And, even though you are absolutely protected from retaliation for pursuing a wage claim, if you can get the situation resolved without putting strain on the employment relationship, it is worth trying to do so. File a Complaint with the Attorney General If all signs lead to withheld pay which you haven’t been able to sort out with your employer, file a formal complaint with the Massachusetts Attorney General’s Office. They will either investigate your complaint or issue you a “right to sue” letter, which gives you the right to bring a private action to recover your wages and attorneys’ fees. It is important to know that, if your employer does not make it right and pay you what you are owed, you cannot bring a civil lawsuit to collect your wages unless you have first filed this form with the Attorney General's Office. If you make it clear in your complaint that you are seeking a "right to sue" letter, you should get that letter in the mail within a few weeks. You can fill out this form without the help of a lawyer, but it is a good idea to contact an attorney as soon as you think you have a problem with unpaid wages. Understand that if your employer fails to pay you, and you get a court ruling awarding you your unpaid wages, your employer will also have to reimburse you for anything you have paid to an attorney to recover your wages. They will also be required to pay you three times the wages you were owed, unless they pay you before you file a complaint. Usually, these situations are resolved after a lawsuit is filed. Because of the possibility of triple damages and attorneys' fees, most employers are willing to make you whole for your missed wages once they realize the potential liability. Being a victim of withheld pay is demeaning and stressful. If your employer hasn’t paid you on time — or has withheld funds, intentionally or unintentionally — and the situation hasn’t been quickly and amicably resolved, it’s time for the experts to step in and fight for you. We have helped hundreds of people get paid after wages, commissions, or vacation time was wrongfully withheld from them. Call the loyal team at SLN Law today!
17 Comments
10/5/2020 06:52:26 pm
My brother has had a lot of problems with his employers and they haven't paid him for two weeks and he really needs those paychecks for him to be able to pay his rent. Making sure that he can be paid is really important and contacting a professional attorney that can help him get his check could be really useful. I'll be sure to tell him about how he may also be available for recompense if he has been traveling during work, withholding wages, not paying when he works overtime, or paying him less than he is owed.
Reply
9/6/2021 02:11:37 pm
Standard garbage. Seems to be lawyers and ex-lawyer leave the law coaches. Where are the people actually doing something besides these two?
Reply
Hi All, I have a urgent query... I have been working with my current organisation for the past nine years and have just put in my papers. I have a leave balance of around 80 days with me. The same have not been encashed by my organisation for the past three years. As now I have put in my papers I am being told that as per the company policy I will be provided with only 15 days salary encashment. I wish to know if is there any rules that can be used or applicable here. Awaiting your further response.
Reply
1/4/2022 07:16:22 am
At the start of pandemic we received a lot of complain about wages is not only payment in half, it is also also delayed. As a recruitment agency we see to it our candidates is in good firm that can compensation even at the most desperate time.
Reply
4/7/2022 05:18:06 pm
But your employer can make that payment in the next regularly scheduled payroll instead of the day of resignation. I truly appreciate your great post!
Reply
4/7/2022 05:49:53 pm
And that it is not right or fair that the employer who controls the payroll can get the benefit of your time without paying you fairly. I truly appreciate your great post!
Reply
8/2/2022 12:36:25 pm
Lets contact professional attorney that can help him get his check could be really useful.
Reply
horarios de banco
8/26/2022 11:19:27 am
Los cálculos manuales de nómina a menudo implican cálculos complejos de salarios e impuestos que pueden llevar muchas horas cada mes. Con un sistema de nómina, su personal puede hacer un uso más eficiente de esas horas en otros dominios de trabajo. Además de ahorrar tiempo, también es rentable, pues la instalación del sistema de nómina le permitirá reducir los costos salariales de quienes realizaban el proceso manualmente, aumentando las ganancias de su compañía.
Reply
Tehilah Holt
9/19/2022 03:07:20 pm
I’m waiting on my paycheck I am owed 2 paychecks
Reply
10/22/2022 10:44:16 am
We deal with more and more employment issues every year. It is becoming a big part of our law practice.
Reply
11/24/2022 05:39:55 pm
I like what you said about avoiding medical malpractice.
Reply
11/26/2022 03:44:56 am
A Glendale DUI attorney can help you get your case dismissed or reduce the sentence. These attorneys can also help you negotiate a plea deal to get community service or fines waived instead of jail time. If you cannot afford an attorney, you can ask a public defender to represent you instead.
Reply
12/8/2022 01:38:51 am
Nice article! Thanks for sharing this informative post. Keep posting!
Reply
12/8/2022 02:05:07 am
so this is a long one- we were expecting pay day as normal. some people get paid a day before the actual date due to the bank they use. well im one of them. didn't really think much about it. i was worried for my friends/co-workers who are new adults living paycheck to paycheck and still in school. they needed gas for their car. the next day rolls around, and we have not been paid. no word from manager. they ask if someone can cover for them as they have no gas in their car and cant drive to work. manager gets pissed, saying that this will result in a write up for the both of them (they're twins btw if this doesn't make sense). i pick one of up before its time for her shift and drop her off at work. i offer to cover for the other, as her shift is later, and she was super stressed. so, i come in, and cover for her. nothing about it. drop the one off, shes thankful. no word about the payroll error. meeting rolls around the next day and still no word even at the mandatory in person meeting. i ask my manager, she says we will be payed monday. (3 days later). still no formal announcement about this. it was her bad that she didn't submit on tuesday when she usually does. she never took responsibility, and instead told the girl i covered for that she was being written up for not being responsible. still expected the twins to show up to work everyday of the weekend without gas and money. luckily, their parents helped them with the gas until we could get payed, but they are not very wealthy, and so it was hard for all of them. this even affected how one of them was going to be promoted. even though she showed up.
Reply
2/9/2023 08:35:23 am
Break away from traditional approaches to shift planning for your staff and use state-of-the-art shift planning tool that allows you to create shifts on the fly. For more details click on given link.
Reply
Jim
3/5/2023 09:13:02 pm
Transparency with employees is so important. I've worked in places where there were system glitches and pay got delayed, but they tried to sweep it under the rug. As a business owner, it was so much important for me to invest in software that was easy-to-use and reliable (https://1099-etc.com/). You don't want to gain a reputation as a company that puts your needs ahead of those working on the ground floor.
Reply
7/13/2023 07:44:18 am
Smart Shift Planning Software
Reply
Leave a Reply. |
Want to Know More?Our Solutions Roadmap is a quick and easy way to tell us about your situation and receive initial feedback from a member of our team.
|