Navigating Wage and Hour Compliance for Small Employers in Massachusetts
Wages, Overtime, and Commissions
Welcome to our comprehensive resource center, specifically tailored to assist small employers in Massachusetts with wage and hour compliance and employee classification. We understand the challenges that small businesses face when striving to meet legal requirements while maintaining fair and ethical employment practices. Below, you'll find valuable insights and guidance to help you structure employee compensation, avoid common pitfalls, and reduce the risk of costly legal disputes.
Understanding Wage and Hour LawsCompliance with wage and hour laws is crucial, and Massachusetts imposes strict requirements on employers. Prompt and accurate payment of wages is fundamental, but small businesses often encounter challenges in meeting this obligation. Violations can range from late payments to unintentional errors in wage calculations, leading to severe consequences. Under the Massachusetts Wage Act, violations can result in employees being awarded three times their actual damages, with employers also responsible for covering legal costs and attorney fees. Explore the ten most common wage and hour violations in Massachusetts to mitigate risks effectively.
Navigating Massachusetts Minimum Wage LawBoth federal and Massachusetts laws establish minimum wage standards, with the state's minimum wage exceeding the federal rate, at $15.00 per hour. It's essential for small employers to stay updated on these standards, as non-compliance can lead to legal issues. Tipped employees have specific regulations to consider, ensuring that the combination of tips and hourly pay meets or exceeds the overall minimum wage.
Understanding Overtime Laws and ExemptionsNavigating overtime laws is crucial for small employers. The Fair Labor Standards Act (FLSA) and Massachusetts laws mandate that non-exempt employees receive overtime pay for hours worked beyond 40 in a week. However, salaried employees aren't automatically exempt from overtime, and specific criteria must be met. Ensuring proper employee classification, especially when employees travel between job sites, is essential to avoid costly penalties and legal disputes.
Timely Payment of WagesMassachusetts enforces strict requirements regarding prompt wage payments. Employees must be paid at least bi-weekly, and final wages, including accrued unused vacation time, must be disbursed promptly upon employment termination. Delayed wage payments can lead to significant consequences for small employers, both financially and legally.
Commissions Under the Wage ActCommissions are considered wages under the Wage Act, and paying them on a different schedule than regular wages can create compliance challenges. Determining commission entitlement upon termination can also be a source of disputes, depending on company policies. Employers must understand the intricacies of commission-related compliance to avoid legal issues.
ConclusionWe are here to assist you in navigating these complexities effectively and ensuring wage and hour compliance for your small business in Massachusetts. If you have specific questions or require legal advice, do not hesitate to reach out to our experienced team. Protect your business from legal risks and foster a fair and ethical workplace environment.
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
We provide valuable insights and guidance to small employers in Massachusetts, helping them navigate wage and hour compliance and employee classification effectively. Our experienced team offers expert advice to ensure that your business adheres to legal requirements, minimizes risks, and maintains fair employment practices. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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