Wage and Hour Violations
Main office: Marblehead, MA • Representing employees in Massachusetts and New Hampshire
Complex Laws, Real Consequences
There is a complex web of laws and regulations that governs how employers must pay their employees. Because these laws are so complex, employers often fail to comply, sometimes intentionally, often inadvertently. In both cases, noncompliance is still illegal and can carry stiff penalties and damages, including personal liability for certain senior executives.
Whitney Law Group assists individuals in evaluating whether they have been paid correctly, and advises on claims for unpaid wages, overtime, misclassified independent contractor status, commission disputes, and improperly handled termination pay.
The Massachusetts Wage Act - One of the Strongest in the Country
The Massachusetts Wage Act is among the most employee-protective wage statutes in the country. Key provisions:
Mandatory treble damages
Successful Wage Act claimants are entitled to three times the amount of unpaid wages as a matter of law, not at the court’s discretion. This makes even smaller-dollar wage claims economically significant.
Attorneys’ fees
Prevailing employees are entitled to attorneys’ fees and costs, further shifting the economics in favor of pursuing legitimate claims.
Payment at termination
Massachusetts requires that all earned wages, including accrued vacation pay and earned commissions, be paid on the date of termination (for involuntary terminations) or the next regular payday (for voluntary resignations). Severance agreements cannot condition payment of earned wages on signing a release.
Personal liability
Officers, directors, and certain managers can be held personally liable for Wage Act violations, a significant tool for employees of small companies or companies in financial distress.
Statute of limitations
Three years for Wage Act claims which means claims can reach back three years from the date of the most recent violation.
Common Wage and Hour Violations
- Unpaid overtime – failure to pay 1.5x the regular rate for hours worked over 40 in a week
- Misclassification as an independent contractor – employees misclassified to avoid overtime and benefits
- Unpaid earned commissions – commissions earned but withheld at termination or otherwise
- Improperly withheld accrued vacation pay – Massachusetts treats earned vacation as wages that must be paid at termination
- Off-the-clock work – requiring or permitting work before or after paid hours without compensation
- Improper tip pooling or tip withholding by employers
- Deductions from pay that are not permitted under Massachusetts law
- Failure to pay final wages promptly at termination
Frequently Asked Questions - Wage & Hour
Q: My employer classified me as a manager exempt from overtime, but I spend most of my time doing non-managerial work. Do I have an overtime claim?
Possibly. The overtime exemption for managers and executives requires that the employee’s primary duty is management, that they regularly direct the work of two or more employees, and that they have genuine authority to hire and fire or to make recommendations that are given particular weight. If your “manager” title is a label without managerial substance, and you spend the majority of your time performing the same work as non-exempt employees, you may have been improperly classified. Whitney Law Group evaluates the specific duties, not the job title.
Q: I was paid as an independent contractor but I think I was actually an employee. What are my rights?
Massachusetts uses a rigorous three-part test to determine whether a worker qualifies as an independent contractor. To be properly classified as an independent contractor, the hiring company must show: (1) you are free from control and direction in performing the work; (2) the work is outside the company’s usual course of business or performed outside the company’s usual places of business; and (3) you are customarily engaged in an independently established trade or business. All three prongs must be satisfied, and if they aren’t, you are an employee entitled to overtime, benefits, and all Wage Act protections. Misclassification carries treble damages and personal liability.
Q: I earned commissions that my employer is refusing to pay after I was terminated. What can I do?
Earned commissions are wages under the Massachusetts Wage Act and must be paid at termination. If a commission was earned before your termination, meaning the triggering event occurred, such as a sale closing or a deal signing, your employer generally cannot withhold it based on a subsequent termination, even if the commission hasn’t yet been processed. The exception is if there is a clear, written commission agreement that expressly conditions payment on employment at the time of payment, but even those provisions are sometimes challenged. Whitney Law Group evaluates earned commission claims promptly.
Schedule a consulation in Marblehead, MA
Serving Marblehead, MA and the North Shore
Whitney Law Group’s main office is at 11 State Street in Marblehead, MA, the firm’s home since its founding in 2017. We serve clients throughout Essex County and the North Shore, including Swampscott, Salem, Beverly, Peabody, Danvers, Gloucester, Newburyport, and Marblehead. Virtual consultations available statewide.
