What Can I Do if I Was Not Paid on Time?

Remedies for Late Payment of Wages

Massachusetts law has strict rules about the timely payment of wages.  If you are not paid timely (for regular wages, within 6 days from the end of the last pay period, and for your final paycheck on the date of termination if you are fired or in the next regular payroll if you resign), here are some things you should know:

• You have a right to ask your employer to be paid without fear of retribution.  The Wage Act prohibits retaliation for your exercise of your rights under the wage and hour laws.
• If you are not paid on time, you may recover three times the amount owed, plus your legal fees if you have to bring a claim in court in order to receive payment.
• The law does require you to first file a complaint with the Massachusetts Attorney General's office before you bring a lawsuit.  This is a simple form, and if you indicate that you would like a "right to sue letter" on the form, you should receive a response from the AGO within a week or two, sometimes faster.
• Under prior law, if your employer paid you before you filed a complaint they could avoid the triple damages.  A recent decision by the Supreme Judicial Court has clarified that the triple damages are the employer's responsibility for late wages even if they pay you before you bring a lawsuit.

Learn more here about the Massachusetts Wage Act.

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