On February 21, 2025, Boston University lecturer Lydia Curtin-Wilding filed a putative class action alleging BU paid faculty only once a month—on the last business day—without securing the required written elections. BU’s bid to dismiss was rejected on May 23, 2025, leaving the claim—and the prospect of eight-figure damages—very much alive.

Why late pay equals unpaid pay

The statute treats timing as absolute: when wages arrive late, they are legally “unpaid.” The employer automatically owes:

• Treble the late-paid amount
• 12 % statutory interest
• Reasonable attorneys’ fees and costs
• Joint personal liability for presidents, treasurers, and any “agents having management” of the business

Because the violation repeats every cycle, damages scale arithmetically. A $90,000-salary employee paid monthly instead of bi-weekly accrues roughly $7,500 in late wages each cycle; trebling that over 36 months produces more than $810,000 for one worker.

A growing pattern: Harvard and Amherst

BU is not alone.

• Harvard University was sued in January 2025 for the same practice; the complaint alleges “millions of dollars” in systemic late wages to adjunct faculty.
• Two former staff members sued Amherst College in December 2024, claiming the college’s default monthly schedule withheld more than $100,000 in timely pay between them and similarly affected hundreds of employees.

Together with BU, these filings underscore how quickly the Wage Act’s timing rules translate into class-wide exposure when large institutions rely on legacy monthly payrolls without documenting employee consent.

Practical implications for employees and counsel

• Proof is straightforward: payroll ledgers show both the schedule and the absence of signed elections.
• Class certification is appropriate: one uniform policy, the same math for each check.
• Damages are mandatory: employers cannot “cure” by paying after suit—Reuter makes treble awards automatic once a violation occurs.
• Officer liability raises settlement leverage: individual executives face personal judgments if the case proceeds to judgment.

Take-home

The Curtin-Wilding BU decision is a reminder that the Wage Act’s timing provisions are not mere technicalities—they are enforceable rights with strong remedies. For employees paid monthly without a signed agreement to be paid this way, every paycheck carries a built-in MA Wage Act claim. Employees who suspect late payment have a strong statutory ally, a clear damages formula, and a growing body of recent case law in their favor. If you are being paid monthly in Massachusetts, feel free to get in touch to discuss your case.