What Employees Should Know About Wage Rights in Massachusetts

If you recently received a paycheck and did not receive the amount of pay you expected based on the work you performed, it is important to determine if you have been the subject of wage theft and whether you are eligible to file a wage and hour law claim in Massachusetts. Employees in Boston and Natick workplaces have state and federal law protections against wage theft and certain wage rights under state and federal law, including the Massachusetts Wage Act and the federal?Fair Labor Standards Act?(FLSA). Wage theft can take many different forms, from an employee being denied appropriate overtime pay to an employee experiencing unlawful paycheck deductions.?

When a paycheck has left you with concerns and questions, you may be wondering: have I experienced wage theft? To learn more about your rights in your current circumstances, it is important to speak with a Massachusetts employment law attorney serving employees in Boston and Natick. The lawyers at Rodman Employment Law can provide you with more information about wage theft and wage and hour laws in Massachusetts.?

Understanding What Wage Theft Means in Massachusetts?

The term “wage theft” may be confusing if you have not encountered it before, and it may seem as though it does not apply to you if you believe your employer merely made an error in your pay. However, as the?City of Boston?explains, wage theft is a term that refers to “an employer’s unlawful failure to pay workers the wages they are due.” In other words, it is a broad term that applies to a range of circumstances in which an employer does not provide an employee with the wages or pay that they are owed.?

According to the City of Boston, as many as “two-thirds of low-wage workers” experience wage theft, and data collected by the Economic Policy Institute suggests that “more than $50 billion is stolen from workers’ paychecks each year.” In short, wage theft is common, and it is actionable. Depending on the specific facts of an employee’s case, an employee who has been the victim of wage theft may be entitled to three times the wages they are owed in addition to other possible remedies under?Massachusetts law.?

Common Forms of Wage Theft Impacting Massachusetts Employees?

It is extremely important for employees to understand that wage theft does not refer to just one thing — the term encompasses a wide range of circumstances in which an employer does not lawfully pay an employee the wages they are owed. Some common examples of wage theft include but are not limited to the following:?

• Non-exempt employee is not paid overtime wages at the rate of 1.5 times their regular rate of pay for hours worked beyond the 40-hour workweek;?

• Employer misclassifies a non-exempt employee as an exempt employee, and that employee is not properly paid overtime pay according to the requirements under the FLSA;?

• Employee is not paid at least the?Massachusetts minimum wage?of $15.00 per hour;?

• Employee does not receive their paycheck in a timely manner, at a time as agreed upon with the employer, or within the time window required by Massachusetts law (deadline under state law is 6 or 7 days after the pay period ends);?

• Employee is not provided with certain benefits, such as required paid sick days;?

• Employer does not pay an employee in full for hours worked, and by the next regular payday, after the employee has quit their job;?

• Employer fails to pay an employee the rate that was agreed between them;?

• Employer misclassifies an employee as an independent contractor, and the employee is not provided with the benefits to which they are entitled;?

• Employee is not properly tipped according to Massachusetts law;?

• Employer makes an unlawful deduction from an employee’s paycheck;??

• Employee is not paid commissions they have earned; and/or?

• Employee is not paid for a meal break in which the employer required the employee to perform some work tasks.?

Steps to Take if You Have Concerns About Wage Theft?

If you believe you may have been the victim of wage theft, it is important to gather any documentation you have and to speak with an employment law attorney who can assess your case. It is important to get started on a claim as soon as possible so that you can seek the wages you are owed and compensation for the losses you have experienced in connection with the wage theft.?

Contact a Boston Employment Lawyer?

Any employee in the Boston area who has any concerns about their rights to certain pay and fears about wage theft should seek legal advice. One of the experienced Boston employment lawyers at our firm can speak with you today about the details of your case, and we can begin working with you on a claim.?Contact Rodman Employment Law?today for assistance with a wage and hour claim in Massachusetts.?

Article originally published on rodmanemploymentlaw.com.