Unpaid Wages in Massachusetts
(go to overtime section)

The Massachusetts Weekly Payment of Wages Law, G.L. 149, s. 148 et seq., is the most important protection for employee wages in Massachusetts. There are several key points to this law:

• When should you be paid? Your employer must pay your earned wages within six days after the termination of the pay period or within seven days if you have a seven-day workweek. If you are terminated you must be paid in full on the day of discharge. If you resign you must be paid on the next payday. Your employer can not withhold payment of your full wages or make improper deductions from your wages.
• What are wages? Wages include the obvious, your salary or hourly pay. In addition, however, wages includes commissions and in many cases bonuses and other forms of "pay."
• What should I do to get my wages? It depends on the situation, but often it is smart to contact an attorney ASAP. The reason for this is that the law says that payment of the wages after the filing of a complaint is not a defense to the action. If it weren't for this provision, employers could just hold the payment of wages over employees' heads, make them spend time and money chasing their wages, and then just pay the wages and get out of the whole mess at no additional cost. The law does not intend this result. The law provides that the employee will receive three times their unpaid wages and reasonable attorneys' fees and costs if the employee takes it to court and wins. You and your attorney may decide to settle the case for a lesser amount, but the mandatory nature of the attorneys' fees and possible treble damages gives the employee serious leverage. The best way to get this leverage and to have the chance to receive three times your unpaid wages, is to contact an attorney.
• What if I am still employed and want my wages,  but do not want to be fired? It is illegal to fire an employee for trying to get paid their wages. The law says "No employee shall be penalized by an employer in any way as a result of any action on the part of an employee to seek his or her rights under the wages and hours provisions of this chapter." See G.L. 149, s. 148A. That being said, your employer may still fire you or otherwise punish you for seeking your wages. This would give rise to a possible lawsuit the success of which would depend on the facts and circumstances involved.

I am a Massachusetts attorney representing individuals in unpaid and overtime cases.  If you think your employer owes you wages, contact me 617-338-9400 or nfo@mass-legal.com for a free telephone consultation.  When I take a wage or overtime case, I do not charge my clients any fees unless there is a successful settlement or judgment.

Massachusetts Overtime Rights

Most employees working over 40 hours in any work week must be paid at least 1 ½ times their regular rate of pay.

Several categories of employees are excluded under both Massachusetts Overtime Act and the federal Fair Labor Standards Act and need not be paid overtime. The most important categories are "bona fide" executives, professional, and administrative personnel. The key terms here is "bona fide." There is an economic incentive for employers to misclassify workers who are non-exempt (entitled to overtime) as exempt (not entitled to overtime) by claiming that they are executives or administrative personnel. There are complex rules for determining whether an employer is a bona fide executive, but essentially one must have real managerial authority to direct the work of other, hire and fire, etc....

Many cases for back payment of overtime involve the misclassification of workers as executive employees. Also, the administrative exemption is not what the word necessarily suggests. Not all employees who work in offices and do "administrative" tasks are administrative employees for purposes of the exemption. See KELLI K. GOODROW vs. LANE BRYANT, INC., 432 Mass. 165, 170-1 (2000) (discussing bona fide executive test under Massachusetts and federal law). Your best bet is to contact an attorney for a consultation if you are working more that 40 hours each week and think you should be entitled to overtime.

I am a Massachusetts attorney representing individuals in unpaid and overtime cases.  If you think your employer owes you wages, contact me 617-338-9400 or nfo@mass-legal.com for a free telephone consultation.  When I take a wage or overtime case, I do not charge my clients any fees unless there is a successful settlement or judgment.