The Massachusetts Wage Act sets strict deadlines as to when your employer must pay your earned wages. The Act requires that employers pay their employees earned wages within six or seven days of the pay period in which the wages…
Category: Wage
Care Coordinators May be Misclassified and Entitled to Overtime and Backpay
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Managed Care Organizations (MCO’s) often contract with State Health Departments to provide care for dually eligible Medicaid and Medicare patients pursuant to requirements established by the federal Centers for Medicare & Medicaid Services (CMS). Care coordinators provide case management services…
Mass SJC: Late Wage Payments are Lost Wages Subject to Treble Damages
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If your employer does not pay your earned wages on the date they are due, you are immediately entitled to triple damages on the late amount. If you are terminated, all wages, including vacation pay, are due on the date…
Reading Commission Contracts: Your Unpaid Commissions Can Be Trebled Under the Massachusetts Wage Act
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The Massachusetts Wage Act (“Wage Act” or “Act”) requires all earned wages to be paid within six days of the end of pay period. M.G.L. c. 149, s. 148. The Wage Act applies to commission payments as long as the…
Wage Claims for Uber and Lyft Drivers
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Recent litigation in Massachusetts has focused on whether rideshare drivers for companies such as Lyft and Uber are misclassified as independent. In the case of Cunningham v. Lyft, Inc., No. 1:19-cv-11974-IT, 2020 WL 2616302 (D. Mass. May 22, 2020) a…
My employer didn’t pay me, what can I do?
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If your employer has not paid you your paycheck, Massachusetts law guarantees you certain rights. First, your employer must pay you within six days after your pay period ends (seven days if you work a seven-day workweek). If you are…
Unpaid Sales Commissions in Massachusetts
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The Massachusetts Wage Act, which provides plaintiffs with triple damages and attorneys’ fees for successful unpaid wage claims, also applies to commissions. M.G.L. c. 149, s. 148 states: This section shall apply, so far as apt, to the payment of commissions…
Massachusetts Wage Class Actions
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Claims under the Massachusetts Wage Act can sometimes be brought as class actions. This usually makes sense when there is a common policy or practice of the employer that affects many employees in a similar way. There are many examples…
Independent Contractor Misclassification: Delivery Drivers
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I previously wrote about the general issue of the misclassification of employees as independent contractors. This is a hot topic these days in employment litigation in Massachusetts. In this article, I want to focus briefly on the Massachusetts independent contractor…
Massachusetts Laws Governing Final Pay
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The basic rule regarding final pay in Massachusetts is this: 1) An employee who is terminated involuntarily must be paid in full on the day of discharge. 2) An employee who quits a job can be paid on the next…