Steps to Take If Your Employer Doesn't Pay You on Time
Late Payment of Wages- Know Your RightsThe facts are simple: it is illegal for your employer to not pay you on time. 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 — whether that’s once a month, every two weeks, or in some cases, as frequently as every day, depending on what state you live in and your profession. Violation of these laws is sometimes referred to as "wage theft" because, by failing to pay you what you are supposed to be paid for your work, the employer is in effect stealing your wages.
Here’s what wage theft looks like, and what you can do about it if it happens to you. |
We're Here to Help.OR
|
Laws About Late and Unpaid Wages: The Basics
In Massachusetts, employees must be paid weekly or biweekly (note: regulations are different for union workers, who can be paid less frequently depending on union negotiations). Massachusetts law also requires employers to provide earned sick time for their employees; this includes part-time and temporary employees.
In Massachusetts, employees must be paid within six days of the end of the payroll period, in order for payment to be timely under the Wage Act. If you are fired or laid off, you must also be paid your final paycheck- including payment for any accrued but unused vacation time- on the day of termination. If you resign or quit, you still need to be paid these amounts, but your employer can make that payment in the next regularly scheduled payroll instead of the day of resignation.
It is illegal for your employer to retaliate against you for asking to be paid appropriately under the law, or even for filing a complaint in court or with the Attorney General.
If an employer withholds your wages, it’s a serious offense that not only breaks the law but causes stress and anxiety for you, the employee. There is a reason the laws are so strict, and impose such severe penalties on employers- we recognize that all workers depend on their wages to live their own lives, pay their bills, and take care of their families, and that it is not right or fair that the employer who controls the payroll can get the benefit of your time without paying you fairly.
In Massachusetts, employees must be paid within six days of the end of the payroll period, in order for payment to be timely under the Wage Act. If you are fired or laid off, you must also be paid your final paycheck- including payment for any accrued but unused vacation time- on the day of termination. If you resign or quit, you still need to be paid these amounts, but your employer can make that payment in the next regularly scheduled payroll instead of the day of resignation.
It is illegal for your employer to retaliate against you for asking to be paid appropriately under the law, or even for filing a complaint in court or with the Attorney General.
If an employer withholds your wages, it’s a serious offense that not only breaks the law but causes stress and anxiety for you, the employee. There is a reason the laws are so strict, and impose such severe penalties on employers- we recognize that all workers depend on their wages to live their own lives, pay their bills, and take care of their families, and that it is not right or fair that the employer who controls the payroll can get the benefit of your time without paying you fairly.
Some Common Examples of Problems with Unpaid Wages
Most employers try to do the right thing in terms of their workers, and make every effort 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; and
- Not paying for travel time between work locations during the work day.
Request to See the Employer’s Policy and Your Pay Records
If you’re not paid on time, or think you should have been paid for sick time and were not, request to see the employer’s policy, which includes information about sick leave, vacation, personal leave, holidays and work hours. If the late pay includes commissions, it is important to see the written commission policy, if one exists. This will help you determine when the commissions were considered earned, and therefore due, under the policy.
You also have the right to request a copy of your own personnel record, which should include records of your compensation. This is important to see if you question the hours for which you were paid, your entitlement to overtime pay, or your history of commission payments.
You also have the right to request a copy of your own personnel record, which should include records of your compensation. This is important to see if you question the hours for which you were paid, your entitlement to overtime pay, or your history of commission payments.
File a Complaint with the Attorney General
If all signs lead to withheld pay which you haven’t been able to sort out with your employer, file a formal complaint with the Massachusetts Attorney General’s Office. They will either investigate your complaint or issue you a “right to sue” letter, which gives you the right to bring a private action to recover your wages and attorneys’ fees. It is important to know that, if your employer does not make it right and pay you what you are owed, you cannot bring a civil lawsuit to collect your wages unless you have first filed this form with the Attorney General's Office. If you make it clear in your complaint that you are seeking a "right to sue" letter, you should get that letter in the mail within a few weeks.
Contact an Employment Attorney
If you are concerned about late or unpaid wages or commissions, it is a good idea to consult with an experienced employment attorney. They can help you determine if any wage and hour violations occurred, advise you of your rights in the situation, and, if you so choose, help you recover what you are owed.
Understand that if your employer fails to pay you, and you get a court ruling awarding you your unpaid wages, your employer will also have to reimburse you for anything you have paid to an attorney to recover your wages. They will also be required to pay you three times the wages you were owed, unless they pay you before you file a complaint.
Usually, these situations are resolved after a lawsuit is filed. Because of the possibility of triple damages and attorneys' fees, most employers are willing to make you whole for your missed wages once they realize the potential liability.
Understand that if your employer fails to pay you, and you get a court ruling awarding you your unpaid wages, your employer will also have to reimburse you for anything you have paid to an attorney to recover your wages. They will also be required to pay you three times the wages you were owed, unless they pay you before you file a complaint.
Usually, these situations are resolved after a lawsuit is filed. Because of the possibility of triple damages and attorneys' fees, most employers are willing to make you whole for your missed wages once they realize the potential liability.
How We Can Help
At slnlaw, we understand the stress and frustration that come with unpaid wages. Our experienced employment attorneys can help you navigate the complexities of wage theft claims, from reviewing your employer's policies to filing a formal complaint with the Attorney General. We will advocate for your rights, ensure you receive the compensation you deserve, and guide you through every step of the legal process. Don’t let unpaid wages disrupt your life — contact us today for expert assistance and peace of mind. You can use the button below to schedule a free information call, or give us a call at (781) 784-2322.
Meet Our Business Attorneys
![Emily Smith-Lee Employment Lawyer](/uploads/4/2/9/3/42934673/published/lea-headshot-2_258.jpg)
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 with a focus on business litigation. In 2009, she started the firm that since became slnlaw, and has grown it from a solo practice to a five-attorney firm with multiple practice areas. She has been recognized as 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 hundreds of small business owners with contracts, business transactions, employment law advice, business incorporation, and risk management. She has also litigated business disputes in state and federal courts.
![Rebecca Rogers employment attorney](/uploads/4/2/9/3/42934673/published/rebecca-rogers-2_224.jpg)
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 business contracts, employment contracts, and employment law advice.
![Jenna Ordway Employment Attorney](/uploads/4/2/9/3/42934673/published/jenna-headshot2-cropped_349.jpg)
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 many small business owners with simple and complex business incorporation, contract review, advice and analysis regarding business disputes, employment law advice, and advice about business succession considerations as part of estate planning.
![Eli Bresley employment attorney](/uploads/4/2/9/3/42934673/published/eli-website-cropped_610.jpg)
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 our small business clients with employment law advice and defense of employment-related lawsuits in MCAD and state and federal courts.
![Sharleen Tinnin employment attorney](/uploads/4/2/9/3/42934673/published/sharleen-tinnin_433.jpg)
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 litigate business disputes in state and federal courts, and advised business owners about succession considerations as part of their estate planning.