Massachusetts Paycheck Laws

You should be paid for the work you do, and you should be paid on time as well. The Massachusetts Wage and Hour Laws were written to protect you. Your employer has to follow Massachusetts’ laws on paychecks, and you have the right to obligate them to adhere to these laws. If you believe there has been a violation regarding your paycheck, legal remedies may be available for you.

When Must Paychecks Be Sent Out Under Massachusetts Law?

According to Massachusetts law, the majority of employees are entitled to receive their paycheck on a biweekly basis. The only employees who may be paid less frequently than bi-weekly are executive, professional, agriculture, and administrative employees.

Agricultural workers may be paid monthly, and all other exempt employees may be paid semi-monthly, or they may choose to be paid monthly. Employers can pay their employees more frequently than the law sets forth (e.g., pay them weekly), but they cannot pay them less frequently.

What Happens to My Paycheck If I am Fired or If I Quit in Massachusetts?

Your last paycheck should be given to you immediately if you are fired. If you quit, you should be paid by the next payday.

Massachusetts does not require employers to provide you with paid vacation days or sick days. That is up to your employer. However, if they provide this benefit, they have to pay you for unused days when your job ends because this paid time off is considered part of your earned wages.

That said, your employer can cap the unused days you can accrue. However, your employer cannot make you agree to anything resulting in forfeiture of your earned paid time off.

Can My Paycheck Be Garnished Under Massachusetts Law?

Wage garnishment refers to a particular arrangement where a court instructs an employer to deduct money from an employee’s paycheck. The money is used for paying the employee’s outstanding debt. This is common in situations involving child support or student debts. A creditor may be able to garnish your wages for a personal debt, but with few exceptions, they will need to get a court order before that can happen.

A court order is not needed for garnishment in cases of unpaid child support, back taxes, and defaulted student loans. Creditors pursuing all other types of personal debt must obtain an order from the court before they can take payments to pay off the debt directly from your wages.

The employer can send the funds directly to the court or use a third-party agency to process the funds for them.
Very few instances exist where your employer can garnish your paycheck for work-related expenses. They may automatically take money when the law permits, such as deducting money for taxes you will owe for that year or if you specifically ask them to take out the money.

An employer can also dock your pay for showing up late if you work in a manufacturing or retail establishment, but only if the amount deducted matches the time you were late. Your employer cannot deduct any money from your paycheck for ordinary business costs, such as equipment that you may use or supplies that you may need.

Can I Recover My Withheld Paycheck in Massachusetts?

Most of the time, partial or incomplete paychecks result from errors, omissions, or negligence on the employer’s part. Issues may involve the employee’s hours, wage rates, overtime pay, benefits, tips, and other payment aspects.

If your employer will not provide you with your complete paycheck, you will have to seek help from the government. You can get your owed paycheck by suing your employer in civil court or filing a wage complaint with the Massachusetts Office of the Attorney General’s Fair Labor Division.

If your employer has withheld a portion of your paycheck, filing a wage and hour lawsuit may be necessary. This is especially true if the issue is ongoing or repeated several times.

If many employees have had the same problem with their paychecks, a lawsuit may be filed as a class action suit. In a class action suit, a group of people with similar complaints band together and sue the defendant as if they were one plaintiff. If the defendant loses, the defendant will have to make a single large payment to cover all owed to the whole group of people. They will then divide it up amongst the class’s members.

A class action suit can be very helpful if the amount of money you would individually sue for is relatively low – particularly if it is not high enough to be economically practical to file your lawsuit. By uniting your claims with those of your co-workers, you share all of the costs of bringing a lawsuit with the group.

What Else Should I Know About Massachusetts Paycheck Laws?

All Massachusetts employers are prohibited from discriminating against their employees based on their race, sex, age, national origin, disability status, gender, pregnancy status, and medical conditions or disabilities. For example, they can’t withhold a person’s paycheck solely based on disability or age. In cases where discrimination may have been an issue, it is usually necessary to file first with the Equal Employment Opportunity Commission (EEOC).

The EEOC will investigate the matter and prescribe an initial remedy for the employee. If the EEOC’s actions still do not provide a suitable remedy, it may then become necessary to file a private lawsuit to recover damages caused by the discrimination. This can be a complex matter and may require the assistance of a legal professional.

You are entitled to be paid at least minimum wage. In Massachusetts, as of 2023, that is $15.00 per hour, considerably higher than the federal minimum wage. Tipped employees must be paid a minimum of $6.75, provided their tips are high enough to bring them up to at least $15.00 per hour.

Where Can I Find the Right Lawyer to Help Me With My Paycheck Issue in Massachusetts?

A Massachusetts employment lawyer can be an immense help in pursuing a past due or inadequate paycheck. If you are having issues with your employer and your paycheck, it may be necessary to hire a lawyer. An employment lawyer will fight on your behalf for the paycheck amounts to which you are entitled. When you bring them your problem, an experienced local attorney can help you determine your next steps.

Your attorney will advise you regarding what you should collect as evidence and can help you file a complaint with the necessary agencies. Further, should you need to take private legal action against your employer, your attorney can initiate a civil lawsuit and represent you in court as needed. Your attorney can provide guidance, legal advice, and representation during your case.