Massachusetts businesses have to comply with the requirements of both the Massachusetts Weekly Payment of Wages Law (the “Wage Act”) and the federal Fair Labor Standards Act (“FLSA”).  Massachusetts employers and companies who fail to properly compensate their employees can be subject to automatic treble damages and be required to pay for attorneys’ fees for violations of the Wage Act, regardless of whether the violation was intentional. 

Many employees, unless they qualify under an exemption set forth under Massachusetts and/or federal law, should be compensated on an hourly basis and are entitled to overtime pay when they work more than 40 hours in a given work-week.  

In addition, the Wage Act specifically includes payment for earned wages, holiday and vacation time, and tips.  Commissions are considered wages once they are “definitely determined” and “due and payable.”  In addition, Massachusetts employers must comply with the provisions of the Earned Sick Time Law.

At the Harbor Law Group, we regularly assist clients with determining how to properly compensate employees.  We address issues related to employee classification, engaging independent contractors, and commission structures.  We also advise clients regarding vacation and paid time off policies as well as on compliance with the Massachusetts Earned Sick Time Law.  In addition to advising clients to ensure appropriate compliance with state and federal laws, the Harbor Law Group represents employers against claims of improper payment of wages.  We have experience defending businesses in state and federal courts throughout Massachusetts in wage-related matters. We also assist companies who are investigated by the Massachusetts Attorney General’s Office with regard to wage concerns.