The short answer to this important question is “No”. However, the more detailed answer is more complex. Most employees in Massachusetts are employed in what is called “at-will” employment. This means that employers can sack an employee whenever they want for almost any reason. The same right applies to employees who can terminate their employment at any time without giving a reason. These rules apply to the majority of waged workers unless there is a specific employment agreement that alters this basic arrangement. Unionized workers, for example, may be employed under different arrangements.
Whether you are employed on an “at will” employment basis or not (you may not actually know unless you ask your employer), there are still some things in Massachusetts that an employer cannot do, including paying you late if you are not a unionized worker. If your employer has done this and has done it regularly, has not paid you an agreed hourly wage, or paid you overtime rates if you have worked more than 40 hours in a 7 day week, then your employer may deliberately be trying to withhold wages in a form of wage theft.
What is wage theft?
Wage theft is when an employer does not pay you the correct amount amount of pay deliberately, that is your employer knows exactly what you are entitled to and does not pay you that amount. Perhaps your employer hopes that you will be too intimidated to ask why you haven’t been paid on time or paid properly, simply don’t understand the law, or are too afraid to complain to a government agency. Fortunately, there are both federal and state laws that prohibit any form of wage theft, including paying your wage too late, and you have the right to question your employer and make a formal complaint if the issue is not resolved swiftly. Federal and Massachusetts state labor laws not only make wage theft illegal, but can impose significant penalties on any employers who attempt to deliberately flout these laws. Massachusetts labor laws also prohibit any employer from penalizing you, e.g. firing you, just because you have raised the question of improper wage payments.
How the Massachusetts Wage Act affects you as an employee
According to state law, employees must pay their waged employees (unless a union agreement changes the arrangement) every week or every fortnight. There may be exceptions to this which may be written into a signed employment agreement such as monthly payment or even daily payment. A waged employee must be paid within 6 or 7 days of the end of a payroll period. Any late payment is illegal and may constitute wage theft.
The same Wage Act (as does the similar federal Fair Labor Standards Act (FLSA)) stipulates that any terminated employee must also receive their full due wage as well as any vacation or sick leave pay on the day of termination.
There are other rules which affect workers in this state. Often, a rogue employer tends to ignore more than just one part of the Wage Act. For example, you must be paid a minimum of $14.25 an hour for the work you do (this is for all non-tipped work) and be paid at a rate of time and a half for any hours over and above more than 40 hours in any period of 7 days.
What can you do if you are a possible victim of wage theft?
Nine times out of ten, or more, employers pay their workers the correct amount. Wage theft certainly does occur, but it is not that common. If you haven’t been paid on time, or you haven’t been paid the correct amount, then you should not be afraid to ask your wages office or PR about the discrepancy. The late payment of failure to include overtime pay could simply be a mistake. You will probably get an apology and your back pay should be paid to you the next payroll.
However, if you don’t get a satisfactory response or if there has been a history at your workplace of similar examples of late payments, or incorrect payments , then you are entitled to make an official complaint to the state Attorney General’s office.
Before you make the complaint, make sure that you have checked your employer’s employment policy. By law, this must be clearly displayed as a poster somewhere in your workplace. Failure to display the poster, in addition to any proven form of wage theft could be a breach of the Wage Act and the FLSA and your employer may face severe penalties and be forced to pay you any unpaid wages and other compensation.
Filing a complaint with the Attorney General
When you file a complaint of unpaid wages or late wages with the Attorney General’s office, your complaint will either be investigated or you will be issued with a “right to sue” letter. Don’t go ahead with a court action until you are given the right to sue letter. If you do decide to sue your employer after filing a complaint (with permission) you are strongly advised to hire an employment lawyer to help you with your case. You don’t need a lawyer to actually fill out the complaint form, but any decision to go ahead with a lawsuit is more likely to lead to a swift resolution with the help of a lawyer.
For more information, visit our website Mucci Legal or contact us for a free legal consultation today.