Unpaid Wages in Massachusetts- How to Get Relief
Massachusetts Wage Act Penalties for Unpaid WagesWhen it comes to unpaid wages, understanding the Massachusetts Wage Act is crucial. This law safeguards various types of compensation, but not all unpaid amounts are subject to its provisions. Let's explore what falls under the Wage Act's protection and how to pursue your claims.
Unpaid Wages Subject to the Wage ActThe first step is to determine whether your owed money is covered by the Wage Act. Generally, your hourly wage or salary falls within its scope, as does commission pay in many cases. However, payments labeled as bonuses may or may not be considered wages, and severance payments are typically not covered. While contractual claims for unpaid amounts that are not wages are valid, late payment won't trigger the Wage Act's treble damages provision.
Common examples of unpaid wages that can be recovered under the Wage Act include:
Penalties Under the Massachusetts Wage ActEmployers who fail to pay wages promptly or withhold payments altogether may face significant penalties outlined in the Massachusetts Wage Act. If you decide to take legal action and successfully prove the amount owed, the employer could be required to pay treble damages – a sum three times the owed amount. Furthermore, they must cover all your associated costs, including attorneys' fees.
The Wage Act includes these provisions to discourage employers from withholding employees' pay, even for a brief period. To initiate the process of seeking these penalties, you must start by filing a formal complaint with the Massachusetts Attorney General. Filing a Formal ComplaintThe next crucial step towards securing your rightful compensation is submitting a formal complaint to the Massachusetts Attorney General's office. This complaint serves as the initial action in your pursuit of unpaid wages, late payments, or outstanding commissions. While it may seem daunting, it is a necessary procedure to trigger the protections offered by the Wage Act. You can file an online complaint here.
Why Treble Damages Are EssentialTreble damages, or the possibility of receiving three times the amount owed, act as a powerful deterrent against wage violations by employers. By providing this significant financial penalty, the Wage Act aims to discourage any actions that infringe on employees' rights to timely and full compensation.
Covering Your Costs and ExpensesIn addition to treble damages, the Wage Act mandates that the employer be responsible for covering your legal costs and expenses, including attorneys' fees. This provision ensures that employees have access to legal representation when pursuing their unpaid wages, regardless of their financial means.
Consulting an AttorneyWhile the process may appear straightforward, navigating the complexities of the Massachusetts Wage Act can be challenging. Consulting an experienced employment attorney is advisable to ensure that your complaint is filed correctly, increasing the likelihood of a favorable outcome.
Unpaid wages and late payments are serious violations of employee rights under the Massachusetts Wage Act. By understanding the penalties employers may face and the necessary steps to seek relief, you can take action to recover the compensation you deserve. Initiating the process with a formal complaint to the Massachusetts Attorney General's office is the first step toward rectifying wage injustices and holding employers accountable for their actions. |
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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
Our experienced employment attorneys can guide you through the complexities of the Massachusetts Wage Act, ensuring your complaint is filed correctly and increasing your chances of obtaining the compensation you rightfully deserve. 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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