If an individual’s employer does not provide them all of the salary, wages, and benefits they earned, it is a form of wage theft under Massachusetts labor laws and paycheck laws. There are numerous different actions that may be classified as unpaid wages, such as:
- Not compensating a worker for their earned overtime
- Withholding too much for tips
- Not properly classifying the worker, resulting in them not earning the overtime they earned
Wage theft can also be called withholding salary and withholding wages. Specific examples of how employers may incorrectly pay their workers include:
- Withholding pay if a worker files for disability
- Disputes involving paid leave or other benefits
- Failing to reimburse a worker for worker related out-of-pocket expenses
- Administrative or clerical pay errors
- Withholding overtime wages
- Failing to compensate a worker for the time they spend working or requiring them to work “off the clock”
- Incorrectly categorizing a worker on purpose in order to pay them less than they should be earning
- Failing to pay a worker the correct minimum wage
Federal laws, as well as Massachusetts state laws, outline the required minimum wage that the majority of workers must be paid. Under overtime laws, there are also categories of workers who are entitled to receive overtime pay if they work more than a specified number of hours each day or week.
Some workers are employed under an employment contract. Employment contracts outline the salary and benefits that a worker will earn in exchange for completing their job duties.
When an employer fails to pay a worker the full amount they earned or if the employer does not give them all of the benefits that are supposed to be provided under the contract, the employer has breached the employment contract.
What Should I Do if My Employer Has Not Paid Me?
A worker may have multiple different options available to them when their employer has not properly paid or compensated them. Workers who earn their wages on an hourly basis have to be paid minimum wage in addition to overtime in some situations under Massachusetts employment laws.
Wage complaint
When a worker has not been properly paid by their employer, one of the first steps they can take is file a complaint with the Wage and Hours Division (WHD) of the U.S. Department of Labor for their unpaid wages. A worker should note that there can be time limits or statutes of limitations for filing these types of claims.
Federal lawsuit
A worker may be able to file a federal lawsuit against their employer in certain situations. These types of cases may be filed for up to two years after the date of a violation or when the worker’s wages become unpaid.
If an employer willfully engaged in the violation, the statute of limitations for filing a lawsuit is three years. A worker should note that they will not be eligible to file this type of lawsuit if they already received the money they were owed after they filed a complaint with the WHD.
Unions
When a worker who was not paid their proper wages is a member of a union, they may try to resolve their wage issue by reporting it to their union representative. When a worker belongs to a union, that union may be able to resolve the worker’s issue.
To get more information about ways to resolve a Massachusetts unpaid wages issue, an individual can consult with a local Massachusetts lawyer.
How Do I File an Unpaid Wages Complaint?
Employers cannot fire or otherwise punish workers who file unpaid wages claims. When a worker needs to obtain their unpaid wages, they may have to do the following:
- Giving their employer notice of the unpaid wages and make a request for compensation
- Reporting violations of the Fair Labor Standards Act (FLSA) to the Wage and Hour Division (WHD) of the U.S. Department of Labor
- Filing a complaint with the proper government agency, which may include the Equal Employment Opportunity Commission (EEOC)
- Filing a civil lawsuit
When a wage issue involves a simple oversight or mistake, it can often be resolved by submitting a complaint to their employer’s Human Resources department. When an employer’s internal HR process cannot resolve the dispute or if the dispute involves the HR department, a worker may need to file a lawsuit.
When there are many different workers who have not been paid their earned wages by an employer, it may be possible to file a class action lawsuit. Unpaid wages issues can also involve employment discrimination against the worker based on their race, gender, or other characteristic.
How Much Can I Sue for Unpaid Wages?
How much a worker can sue for their unpaid wages claim will depend on the amount of money that they are owed by their employer. Generally, workers can request and recover the amount of unpaid wages in addition to court costs and attorney’s fees.
What Are the Legal Consequences and Remedies for Unpaid Wages?
As previously discussed, an employer is not permitted to withhold funds that workers have earned. If a successful unpaid wages lawsuit is filed against an employer, they can face negative consequences, which may include:
- Having to pay the worker compensatory damages to compensate them for their lost wages in addition to other costs
- Having to revise the policies of the company or rewrite the policies that caused the wage issue to arise
- Firing the worker or supervisor who was responsive for the unpaid wages issue
- The company or business itself can suffer negative consequences, such as a suspension or loss of a business license or having to pay civil fines
Compensatory damages awards provided in some cases will completely compensate a worker for their losses. There are also some common remedies that are awarded in unpaid wages claims, such as:
- Providing all of the wages the worker earned
- Reviewing the business’ policies
- The worker getting their former employment position back
- Having to pay punitive damages in cases where the employer’s conduct was outrageous and willful
How Can I Prove an Unpaid Wages Claim?
An unpaid wages claim is commonly proven using documents as proof of a worker’s missing wages. When a lawsuit is filed against an employer for unpaid wages, it will usually require a review of any relevant records, documents, and witness statements.
Examples of the documents that are commonly used in unpaid wages cases as evidence include:
Unpaid wages claims are proven, in most cases, by documents of the worker’s missing wages. Lawsuits that are filed against employers for unpaid wages will often include a review of relevant documents, records, and witness statements.
- Tax papers, such as W2s
- Pay stubs and timesheets
- Receipts and other relevant documents
It is important for a worker to keep records of all of the wages they earn as well as the overtime. This can be done by keeping documentation of the number of hours they worked.
It is important for a worker to keep these types of records whether or not they have a current dispute with their employer. Doing so will allow them to prove a claim if a dispute arises in the future.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If you are a worker in Massachusetts who is having issues collecting wages you earned, it is important to reach out to a Massachusetts employment attorney. Your attorney will be able to help you resolve any issues related to your unpaid wages.
When you have a lawyer’s assistance, it will help you understand the laws in Massachusetts in addition to the federal laws that may apply. When you use LegalMatch, you get a fast, free, and convenient way to get the wages you are due.
It usually takes only around 15 minutes for you to submit your concern on the website. After that, you will receive messages from lawyers who are licensed in your area who can help resolve your wage dispute or issue.
