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Wage Violations

Worcester Wage Violations Attorneys Fighting for Victims of Wage Violations

wage violationThe Massachusetts Equal Pay Act (MEPA) says that employers cannot discriminate against employees because of their gender when deciding and paying wages. Employers cannot pay workers a salary or wage less than what they pay employees of a different gender for comparable work. The law defines “comparable work” as work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions.

Wage Violations: Federal and Massachusetts law provide significant protections to employees to be sure they get what they have earned.  Most commonly, employers deny their employees overtime, vacation pay, sick pay, bonuses, commissions, and improperly characterize employees as independent contractors to avoid having to pay minimum wages.

These laws also regulate employers who improperly characterize employees as “exempt” from overtime and who refuse to pay employees for “on-call” time or who make employees work through their lunch breaks.  If you feel like you are not being paid what you’ve earned, call us today and let the wage violations attorneys at MA Employment Lawyers fight for you.

Understanding the Rules about Overtime Pay

The federal Fair Labor Standards Act and Massachusetts law entitle employees to receive overtime pay for working more than 40 hours in a week. Unlike the laws in some other states, overtime is 1.5 times your normal hourly wage. Salaried employees earning less than $23,660 a year in occupations that are not exempt from state or federal overtime rules are entitled to overtime pay.

Determining whether or not you are entitled to receive overtime is not easy to do. State and federal law includes exemptions to their overtime rules. Sadly, some employers take advantage of the exemptions, so it is important to speak with a wage violation attorney if your employer claims your job is exempt.

The following are some of the positions exempt from overtime requirements and the ways employers misuse them:

  •       Executives: Simply because your employer classifies you as an executive does not mean you do not qualify for overtime pay. Our wage violation attorneys review your duties and responsibilities to determine if your job actually qualifies for exemption. Depending upon the percentage of your time spent managing other employees, you could have a claim against your employer.
  •       Administrative: Employers may classify your job as administrative to avoid overtime requirements. Unless you are paid a salary and the percentage of time spent on non-administrative duties is 20 percent or less (or 40 percent or less for retail establishments), your employer could owe you money.
  •       Professional: If your position requires advanced education and extensive knowledge in a particular field such as educators, you could be entitled to overtime pay even though you are classified as a professional and on a salaried instead of an hourly basis, depending upon the duties and activities expected of you by your employer.
  •       Outside sales: Individuals engaged in outside sales careers do not receive overtime, but one of our wage and overtime violation lawyers might determine your duties outside of sales make you eligible for overtime.

We Can Help with Other Types of Wage Violations

Overtime pay is not the only area in which employers take advantage of their workers. Common wage violations include the following:

  •       Failure to pay employees for accrued vacation days
  •       Unlawful payroll deductions
  •       Misclassification of employees as independent contractors
  •       Failure to pay hourly employees the applicable state or federal minimum
  •       Failure to pay workers for meal and rest breaks

Some workers are victimized by employers who refuse to pay them for the total number of hours they work.

Contact Us Today

If you are the victim of a wage violation, our Worcester wage violations attorneys can help. State law could entitle you to up to three times the amount withheld from you. Call MA Employment Lawyers today at 1-508-753-3333 to put one of our wage violation attorneys to work for you.