Massachusetts Wage Act
Massachusetts Wage Act: Protecting Your Rights in the WorkplaceEnsuring you receive your hard-earned wages is fundamental to employment. Massachusetts strictly upholds this promise through its wage and hour laws, primarily governed by the Massachusetts Wage Act.
Surprisingly, employers often violate this Act, whether by delayed payments, withheld commissions, illegal deductions, or misclassification of employees. Such violations can expose employers to significant liabilities, even if unintentional. When an employer breaches the Wage Act, Massachusetts law mandates treble damages for employees, turning a $1,000 mistake into a $3,000 liability. Furthermore, employers may have to cover employees' attorney's fees and legal costs if the employee prevails in a wage claim. Understanding the Massachusetts Wage Act is crucial for both employers and employees. Below are essential insights into the Act's requirements and penalties, shedding light on why it matters to you. Penalties for Late Payment of WagesMassachusetts employers must pay their workers within six days of the payroll period's end, typically on a weekly or bi-weekly basis. Failure to meet this requirement can lead to triple damages, even if the complaint is filed after the delayed payment.
Based on a rececnt court decision, this penalty, at least for a final paycheck on termination, applies even if it is only a day late. Payment of Wages, Commissions and Vacation on TerminationUpon termination, employees must receive all outstanding payments, including wages, earned commissions, and accrued but unused vacation time. Failure to do so may result in a Wage Act claim.
Deductions from WagesWith rare exceptions, unauthorized paycheck deductions are unlawful. These exceptions include income taxes, union dues, health premiums, and valid garnishments. Unauthorized deductions may lead to Wage Act violations.
Payment of Commissions Under the Massachusetts Wage ActCommissions are considered wages and are subject to the Wage Act. Terminated employees must receive commissions earned before termination, even if commissions are paid less frequently than regular wages.
|
We're Here to Help.OR
|
Independent Contractors Under the Massachusetts Wage Act
The Wage Act applies to all employees, and strict criteria determine independent contractor classification. Misclassifying an employee as an independent contractor can lead to Wage Act violations.
The Massachusetts Earned Sick Time Law
Employees in Massachusetts accrue sick time, which is not required to be paid by employers with fewer than 11 employees. Employers with 11 or more employees must provide and pay for sick time, allowing employees to accrue one hour for every 30 hours worked, up to 40 hours.
Enforcing the Wage Act
The Massachusetts Attorney General or an aggrieved employee can enforce the Wage Act. Typically, the Attorney General allows employees to pursue remedies in court, but occasionally the AGO will conduct its own investigation. Employers should be aware that retaliating against an employee for wage-related complaints is illegal.
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 can help you navigate these issues and get clarity on your rights and obligations as an employer or an employee. 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.
|
|
|
|
|
