Late Payment of Wages in Massachusetts

The law is clear that your employer must pay you on time for wages, salary, and commissions earned. 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. Violation of these laws is sometimes referred to as "wage theft." This is because your wages belong to you once you have earned them, and withholding payment is a form of stealing.

When is Payment of Wages Due

In Massachusetts, employees generally must be paid weekly or biweekly. There are limited exceptions. If you are part of a union and your negotiated collective bargaining agreement specifies different timing, that agreement will control. There are also certain employees who can by agreement be paid monthly.

Whatever the pay period is, your wages must be paid within six days of the end of it. If you are paid every other week for a Monday through Friday week, your wages are due by the Thursday following the end of the pay period.

If you resign your job, all earned wages must be paid to you on the next regular payday. If you are fired, you should be paid all earned wages the day of termination.

What Wages Are Due

You should be paid for all hours worked in the pay period. If you are not exempt from overtime, you should also be paid time and a half for any hours worked over 40 in a week.

If you earn commissions, you should be paid for any commissions that have been earned under the commission policy within the pay period.

At termination or resignation, your final paycheck must also include all accrued but unused vacation time.

Common Examples of Wage and Hour Problems

Most employers try 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.

  • Not paying time and a half for hours worked over 40 in a work week for a non exempt employee.
  • Not paying the correct amount of sales commissions, or paying commissions on a monthly or quarterly basis instead of on time per the Wage Act.
  • Not paying all final wages and unused vacation upon termination or resignation.
  • Withholding wages to offset some debt the employer believes is owed by the employee, or to pay for an expense that should be borne by the employer.
  • Not paying for travel time between work locations during the work day.
  • Not paying for earned sick time if the business has 11 or more employees.
  • Not paying retail employees premium pay for work on Sundays.
  • Not making sure tipped employees earn at least minimum wage.

What to Do About unpaid Wages

The first thing you should know is that you have the right to ask your employer to pay you without fear of repercussions. It is illegal for an employer to retaliate against you for asserting your rights under the wage and hour laws.

The second thing is that your employer may not be aware there is a problem with how they are paying you. They may not know how to factor in travel time, for example. Sometimes there has also been a simple error with processing payroll that can be corrected quickly and easily.

If you feel you cannot raise the issue with your employer, or if that has not solved the problem, there are other steps you can take.

The process starts by filing a formal complaint with the Massachusetts Attorney General’s Office. They will either investigate your complaint or issue you a “right to sue” letter. This letter gives you the right to bring a civil lawsuit to recover your wages.

What if You Are Fired for Raising a Wage Complaint?

This shouldn't happen under the law, but sometimes it does. If your employer takes any action against you because you raised a complaint under the wage and hour laws, you may have an additional legal claim for wrongful termination.

For this reason, it is important to make sure that your complaint to your employer is documented in some way. This can be done by sending an email, or even just making a note about your conversations that you keep.

Need Help With a Wage and Hour Problem?

Testimonials
​
"Emily, a chief partner, and the two other lawyers at SLN Law who worked on my case were extremely competent and approachable. They were responsive to inquiries and they thoughtfully explained, as needed, complex legal terms. I was very well represented at each stage of a protracted legal case against a major national firm."  Brian R.
​
​"Emily is an incredible resource of knowledge on employment law. She helped guide us on how to structure our employee classifications and made adjustments to our consulting agreements so our business is better protected and positioned. She's both law-savvy and business minded - great asset to have when launching/growing a business."  Diana B.

"SLN represented me in a complicated employment-related dispute. What could have been a prolonged nightmare for me was handled swiftly and skillfully, and with fairness and dignity."  Smita N.​

Read more on our reviews page ​​

Can You Afford to File a Wage Claim?

Many people feel that they don't have the resources to fight their employer over unpaid wages. The amount of money at issue may not be large, and in most cases the employer has more resources than the worker waiting for the wages they have earned.

The good news is that the wage and hour laws were written with this exact problem in mind. If you file a claim and prove that you are owed wages, the employer will be required to pay your reasonable attorneys' fees and costs. Because of this provision, many employment lawyers will represent you on a full or partial contingent fee basis.

State law and federal law also recognize that people may not bother to assert their rights if the amount owed is not large. For this reason, there are liquidated damages available to an employee who wins a wage and hour case. In Massachusetts, the court is required to award three times your actual damages. Under federal law, double and sometimes triple damages are also available.

What if the Employer Just Can't Pay?

Sometimes late payment of wages is not malicious but the result of a cash flow crunch in the business. That is not a defense to a wage and hour claim, but it can make it difficult to collect.

Massachusetts law has taken this into account as well. If you have a wage and hour claim, you can bring it against the company and certain officers individually. This protects your basic right to your earned wages even if the business itself closes its doors.

When to Contact an Attorney

It is never too early to seek legal advice about your unpaid wages. An employment lawyer can help you identify what you are owed and whether any laws were broken. They can also help you take the legal steps required to protect your rights.

How We Can Help

​If an employer withholds your wages, it’s a serious offense that not only breaks the law but causes stress and anxiety for you. This is why the laws are so strict, and impose such severe penalties on employers. The law recognizes that all workers depend on their wages to live their own lives, pay their bills, and take care of their families.

We can help you protect those rights and recover the money that is owed to you.  You can use the button below to schedule a call back from a member of our team, give us a call at  781-784-2322, or fill out our web form  to let us know a little more about your situation.