In many industries, workers are expected to be “on call” for some or all of their work time. During these periods, workers must be ready and able to begin work, usually at a moment’s notice, upon receiving a call or…
Category: Massachusetts Wage Claims
Unpaid Wages and Overtime for Undocumented Workers
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Can undocumented workers sue for unpaid wages? This question has been addressed by many courts, and the answer is yes. Undocumented workers are frequent victims of wage and overtime exploitation, and it would be extraordinarily bad policy to allow employers…
Unpaid Wage and Overtime Retaliation
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Under Massachusetts law, when an employee complains about unpaid wages or overtime, he is protected from discharge or other punishment because of the complaint. This protection extends to formal complaints filed in court or with the attorney general, but it…
Wages for Work Before and After Job Shifts
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We have had several cases that fit this fact pattern: An employee is required to report for work, at either an employer’s place of business or a remote job site, and do preliminary tasks before going “on the clock”. That…
Massachusetts Wage Law and Unpaid Internships
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Unpaid internships are popular in Massachusetts, but they are often illegal. Massachusetts law requires all workers to be paid at least the state minimum wage unless an exception applies. There are five exceptions: (1) someone providing professional service; (2) agricultural…
Meal Breaks and Payment of Wages
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In Massachusetts, and as a matter of federal law, hourly employees do not have a right to be paid for meal breaks. However, meal breaks must be bona fide. There are two main parts of that. 1) Meal breaks must…
Getting Help with the Mass AG Wage Complaint Form
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The Purpose of the AG Wage Complaint Form: A wage complaint form must be filed with the Massachusetts Attorney General’s office because the law requires it. Section 150 of Chapter 149 of the Massachusetts General Laws states: An employee claiming [unpaid wages] 90…
The Massachusetts Wage Act and Union Collective Bargaining Agreements
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A few months ago, the First Circuit Court of Appeals answered a key question for union members with claims under the Massachusetts Wage Act. The case was Cavallaro v. UMASS Memorial Healthcare, 678 F.3d. 1 (1st Cir. 2012), and the…
Common Violations of the Massachusetts Wage Act
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Here are some common violations of the Massachusetts Wage Act: Off-the-Clock Work Managers who say “get it done, but don’t put down overtime”; People arriving early or staying late at work; Donning and doffing–unpaid time at the beginning or end…
Wage Act Claims and the Massachusetts Attorney General
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The Massachusetts Attorney General has a special relationship to Wage Act claims in Massachusetts. The wage statute requires that an individual file a complaint for unpaid wages with the attorney general before bringing a lawsuit for triple damages and attorneys’…