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Payment of Wages

We will begin with a review of the general rules:

  1. Hourly employees have the right to receive pay for all of the hours they work and their pay cannot be withheld or delayed for any reason.
  2. Along with your pay check, your employer must give you a slip with your name on it that gives the date, the name of your employer, the hours you worked, your rate of pay and an itemized list of any deductions.
  3. You do not have to work "off the clock" for no pay, and it is illegal for your employer to ask you to do so.
  4. If you are required to appear at a certain time for work and you do so, or you show for a scheduled work day, you must be paid for a minimum of 3 hours whether there is work for you to do and whether it is assigned to you or not.
  5. Pay periods must be either weekly or bi-weekly. However, executives, administrative and professional employees may be paid on a monthly basis.
  6. If you are fired, you must receive all wages owed to you on the day of your discharge. If you have accumulated vacation pay, that must also be paid at that time.
  7. The minimum wage in Massachusetts is $6.75 per hour. However, for service employees who receive tips the minimum wage is only $2.63. There are also special rates for learners, apprentices and student employees.
  8. Employers are not required to offer vacation pay; however, if there is a vacation pay policy established, it should be applied without discrimination.

Overtime

Most employees who work over 40 hours in a week must be paid at least 1½ times their regular rate of pay for every hour worked over 40 hours.

Some classifications of employees are excluded from the right to overtime such as executives, professionals and administrative personnel. Unfortunately, those terms are rather vague. A number of employers have abused the law by classifying employees as either executive or administrative in order to avoid paying overtime.

An executive is someone who has real managerial authority to direct the work of others, to hire and fire, to discipline, evaluate and schedule other workers. The term administrative is even more vague. You would have to consult with a lawyer to find out how your particular job and duties fit the legal definitions.

Outside sales staff and delivery personnel generally do not qualify for overtime pay.

Independent contractors

In order to avoid paying worker's compensation, vacation pay, benefits and overtime, some employers classify true employees as independent consultants or contractors. The test for this is generally whether the employee can set his or her own hours, determine how the job will be done and the manner in which it will be completed.

If the misclassification of an employee is discovered, it can result in the need for payment of back pay, overtime, benefits and worker's compensation. There may also be fines for the employer involved.

Unpaid Wages

You have the right to receive your pay within days of the termination of your pay period depending on your workweek. An employer cannot legally delay payment, nor can the employer make deductions from your paycheck that are improper.

If you have been required to work "off the clock", or your position was misclassified to avoid paying overtime, you may be in a position to claim back pay, including overtime. This type of case is often taken on a contingency basis, where there is no cost to you until and unless the case is won.

 

Law Office Of Michael O. Shea, P.C. • Attorneys At Law
Springfield, MA (413) 733-1955 • Wilbraham, MA (413) 596-8005
Worcester, MA (508) 753-9350 or (508) 753-0055 • Boston, MA (617) 350-9969

 

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Law Office Of Michael O. Shea, P.C. · Attorneys At Law

The information presented in this website is not nor was it ever intended to be considered legal advice. Viewing this website does not create an attorney-client relationship. We have taken various Massachusetts and federal laws, interpreted them and written in simple English so that you can determine if there is a possibility that your rights have been violated or you have suffered some form of discrimination or other wrongful employment action. If after reading the information contained in this site you feel you have a legitimate claim, please contact our law office or an attorney of your choice for specific advice.