The Massachusetts Payment of Wages Act states that every person having employees in Massachusetts must pay wages the employee earns within certain time frames specified in the statute.
Therefore, if you are an employee in Massachusetts your employer MUST pay you: a) wages, b) vacation pay, c) overtime, d) commissions, e) salary or f) other required compensation you earned.
An employer who fails to compensate employees under the Payment of Wages Act can be liable for civil and criminal penalties.
In order to make a claim against your employer under the Payment of Wages Act, there are certain steps you must follow:
1. First, you must fill out a complaint form and submit it to the Massachusetts Attorney General's Office. To access this form, click here. This complaint form must be filed with the Attorney General's office within three (3) years from the date the employer failed to pay you wages. The Attorney General's office will then investigate the incident and may elect to file civil or criminal actions against the employer.
2. Ninety (90) days after you file your complaint with the Attorney General's office (or sooner if you request a special release) you may file a lawsuit against your employer for the wages you are owed. If you prevail in your lawsuit, you may collect up to three (3) times the wages you are owed and your attorneys' fees.
If you have any questions about the Payment of Wages Act, or if you feel your employer has failed to pay you wages, please contact me at nle@dennerpellegrino.com or 413-746-4400.
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