As a Massachusetts employee, you are entitled to certain protections under 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 required to pay for attorneys’ fees for violations of the Wage Act, regardless of whether the violation was intentional. 

Unless properly classified as a salaried employee, Massachusetts employees are entitled to be compensated hourly for every hour in which they perform work.  In addition, hourly employees are also entitled to an overtime rate (1.5 times the regular hourly rate) for hours worked over 40 in a given work-week.

Employees who receive 100% of their compensation through commissions, or draws thereof, may be entitled to overtime pay in addition to their commissions depending on the pay structure being used by their employers.  The Wage Act specifically also covers holiday, vacation, pay and tips.  Commissions are also considered wages once they are “definitely determined” and “due and payable.” 

Employees who feel that they have not been properly paid should not wait to act on their rights as they generally have three years to file their wage-related claims.  At the Harbor Law Group, we understand that your wages are important to you.  We regularly consult with individuals who feel that they have not been paid properly, have not received overtime, and/or have been improperly classified as salaried employees.  We assist clients by filing wage complaints with the Massachusetts Attorney General’s Office and then bringing lawsuits in federal and state courts within the Commonwealth.