Under both Massachusetts and federal law, you must always be paid for wages that you have earned. The Worcester employment law attorneys at Murphy & Rudolf, LLP have represented clients in cases dealing with unpaid wages and benefits.
Depending on your situation, there may be different ways of calculating the amount of wages that you are owed. The definition of “wages” may include benefits and other forms of compensation. Even if you quit your job or were fired or laid off, you must still be paid for all earned wages.
Both Massachusetts and federal law require payment of a minimum fair wage. The minimum wage must be paid in cash, rather than company stock or deferred or contingent compensation. You must be paid at least a minimum wage for all the time you work, and a failure to pay is a violation of the Massachusetts Wage Act. The Worcester employment law attorneys at Murphy & Rudolf, LLP can talk with you and discuss your options for seeking the wages you deserve.
If you work at a restaurant and earn tips, the amount of the tips plus your hourly pay must be equal to or greater than the minimum wage. Your employer may not require you to share or “pool” tips with managers or employees who do not serve customers. Regarding overtime, unless you are in an exempt category of employees, you are entitled to be paid time and a half for all time that you work over 40 hours in a week, not counting commissions and bonuses.
If you believe that you have been deprived of wages or benefits that you earned, you may be entitled to bring a lawsuit to recover the money. You must first file a complaint with the Massachusetts Attorney General’s office. Then you must either wait 90 days or obtain permission from the Attorney General to file a lawsuit sooner.
If you successfully sue your employer for a violation of the Massachusetts Wage Act, you will be entitled to compensation equal to three times the amount of the unpaid wages. Furthermore, your employer will also be required to pay you for the cost of the lawsuit, including expenses and attorneys’ fees. Our Worcester employment law attorneys can use 50 years of combined experience to represent you against your employer and seek the wages you have earned.
Call us today at (508) 744-3038 for dedicated legal services in Massachusetts. We offer free initial consultations.