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How Do I Pursue a Wage Claim in Massachusetts?

The Massachusetts Legislature has passed laws that encourage under-compensated employees to pursue legal action against offending employers. While MA Employment Lawyers expressively notes that legal advice should always be obtained by individuals from their personal representation, we also aim to demystify the legal process to prospective clients. As practitioners of employment law, we receive many inquiries regarding wage claims. Pursuing a wage claim in Massachusetts involves navigating specific procedures and regulations designed to protect your rights as an employee. Like most legal matters, wage claims can take many forms, from straightforward to more complex issues, and contacting one of our attorneys can empower you to assert your rights effectively.

The guide below offers insight into the trajectory a wage claim can take. However, if you are in search of how to pursue wage claims independently, Mass.gov provides an overview of how to pursue that course of action here. Further, please be aware that general guidelines may not cover exceptions unique to your situation.

What Exactly Is a Wage Claim?

“Wage claim” and “wage and hour claim” are the general terms used to refer to an employee pursuing legal action against their employer on the basis that they did not receive compensation they were due, sometimes referred to as wage theft. A worker may be eligible to pursue a wage claim if an employer:

c. failed to pay their overtime-eligible employee for overtime;

d. failed to pay their employee wages in full on the date of your termination;

e. Withheld wages from their employee; and

f. Other failures of an employer to appropriately compensate an employee.

Depending on their situation, clients who have been victims of the types of wage theft described above, may be due triple the amount of what they were not paid under M.G.L. c. 149, Section 148.

What Is the Timeline to Recover Lost or Stolen Wages?

When pursuing legal action, different claims have different statutes of limitations (“SOL”). An SOL is the deadline for when you can bring forward an action to the Court before losing the legal right to do so. In the case of wage claims, the statute of limitations is three (3) years after the violation took place. It is a strict deadline, and if you miss it, then you’ve lost your opportunity for legal recourse. For example, if an employer fired their employee and failed to pay them their wages in full on January 1, 2024, then their former employee would have until January 1, 2027, to take all requisite action and to pursue a lawsuit. Pursuing action on January 2, 2027, would be a lost cause.

In wage claim cases, the complainant (i.e., the person pursuing action) is required to first file a workplace complaint with the Attorney General’s Office (“AGO”). Working with an attorney can help you evaluate your personal circumstances and ensure all required information is included in the complaint. After submitting your complaint to the AGO, you may proceed with the assistance of the AGO, or obtain a letter from the AGO entitling you to purse your claim independently in the court system.

If you work with MA Employment Lawyers, you will receive the benefit of their guidance through this process. The information you include in an AGO complaint can dictate what you are and are unable to include in your claim moving forward. While individuals may proceed with filing an AGO complaint without an attorney, saying the wrong thing or failing to include important facts may have a detrimental effect on the value of your claim.

How Do You Get Started?

If you are currently employed or recently parted ways with an employer, document your wages by saving pay stubs, keeping records of any overtime worked, saving relevant communications, and maintaining copies of your employment contract or agreement. If you notice that your employer has violated the law, make contemporaneous documentation of this through email or text. This documentation is crucial for verifying the wages owed to you in case of any disputes or legal issues.

If you believe you have been a victim of wage theft, our attorneys are available for a free consultation and are available by phone at (508-753-3333) or email at the following email address: contactforms@cohenkinne.com.

On Or Off the Clock: Understanding On-Call Time

Residents of the Commonwealth of Massachusetts enjoy many legal rights as workers, ensuring just compensation and fair treatment in the workplace. When it comes to on-call time, it is vital to understand your rights as an employee, in order to guarantee that you receive the wages that you are owed. Below, we’ll parse through this sometimes vague term, “on-call time”, and help you better understand your wage rights.

What is On-Call Time?

What Is an Example of Compensable On-Call Time?

Take, for instance, you work at the front desk of a small hotel. Once a month, you are scheduled to work forty-eight hours in a row with two eight-hour breaks, during which time you are permitted to sleep in one of the hotel rooms. During those eight-hour sleeping periods, you must stay in the hotel and be accessible by phone, as certain guests may need assistance in the middle of the night. If most weeks you are able to get a full eight hours of uninterrupted sleep and are otherwise permitted to use those eight hours as you see fit within the confines the hotel, you may not be entitled to compensation for those on-call shifts. However, if you are regularly called to action during each of those eight-hour overnight shifts such that you cannot get a full night’s sleep, your employer may be required to pay you for all eight hours.

Are There Exceptions to On-Call Wages?

Yes. An employer and employee can enter into a written agreement that calls for sleeping time and mealtime to be excused from compensable working time. However, that agreement must be made prior to the hours worked. Additionally, in the case of sleeping time, your employer must provide you with adequate sleeping quarters and the sleeping hours must be uninterrupted. 454 CMR 27.04 (3)(b). Further, your employer must know or should know had they reasonably inquired whether you performed work during those hours. For this reason, it is important that you document your time spent working during on-call time.

What Should I Do If I Am Not Compensated for On-Call Time?

If you believe you’re owed compensation for on-call time and have not received it, contact a Massachusetts wage and labor attorney. An attorney can help you assess your claims and help you identify the best path forward. Under the Massachusetts Wage Act, you may be entitled to triple the amount of wages you are owed. Whether you’re seeking guidance from an employee discrimination lawyer or an attorney specializing in wage and labor issues, Contact MA Employment Lawyers today for a consultation with an employment law specialist.

Navigating Mileage Reimbursements in Massachusetts

Your Legal Rights and Options Explained

Embarking on the road to reclaiming mileage reimbursements in Massachusetts can be both daunting and necessary. In this short guide, we shed light on your entitlements, exceptions, and avenues for recourse, ensuring you’re equipped to navigate this terrain with confidence.

 Are There Exceptions to Who Qualifies?

In short, yes. While the provision protecting mileage reimbursement is broad, certain exemptions outlined in MGL. c. 151 § 2 apply, including agricultural and farm work, rehabilitation or training programs, seasonal camp counseling, religious orders, and outside sales roles with no daily office reporting requirement.

How Much Should Employers Reimburse?

Massachusetts courts have upheld the IRS standard reimbursement rate, currently set at 67 cents per mile for 2024, as reasonable and encompassing of all travel-related expenses, including fuel, maintenance, insurance, and ancillary costs. If you are being paid significantly less than the 67 cents per mile, you should contact a Massachusetts wage and hour attorney.

What Should I Do If My Employer Doesn’t Reimburse Me?

In Massachusetts, mileage reimbursement isn’t a discretionary perk but an integral component of your total compensation. Employers failing to meet reimbursement obligations violate state labor laws and are withholding wages. If you encounter non-compliance or insufficient reimbursements, seeking legal guidance is paramount.

Our team at MA Employment Lawyers understands the complexities of employment law and is committed to advocating for your rights. Reach out to us to explore your options and secure the compensation you deserve.

Is This Sexual Harassment?

Sexual harassment takes many forms. To learn more about sexual harassment and how to combat it read our post on: “How to Address Workplace Sexual Harassment”. To better understand what types of situations you might experience that constitute sexual harassment, read through the examples below: 

Situation 1: Employee A is a female cashier at a supermarket. Employee A regularly hears her male supervisor sexually objectifying customers to another male cashier. Employee A never overhears the manager sexually objectifying her, but she regularly hears him describe sexual acts he would like to perform on female customers in gruesome detail. 

Is Employee A being sexually harassed? Answer: yes. Employee A is experiencing a hostile work environment, which is a form of sexual harassment. Even though employee A is not the subject or the target of the sexually explicit comments, she is within the class of individuals (i.e., women) that her manager is sexually objectifying. Further, because the harasser is a manager and not merely an employee, the employer is responsible for their behavior, even without Employee A notifying anyone else at the company. Therefore, she has a claim of sexual harassment against her employer.

Situation 2: Employee A (female) is having a conversation with Employee B (male). Both employees A and B voluntarily and consensually discuss their romantic life with their respective partners. Neither Employee A nor Employee B are supervisors or managers. Two days later, Employee B broaches the subject of Employee A’s love life while at work. Employee A says that she does not want to discuss this topic with Employee B any further and the discussion ends without the topic being raised again. 

Does Employee A have a viable claim for sexual harassment in the workplace? Answer: no. For Employee A to bring a successful claim of sexual harassment, she will need to prove that the comments made by Employee B were unwelcome. Because she previously voluntarily discussed this topic, it would be difficult for Employee A to demonstrate that this topic of conversation was unwelcome. Further, even if it were unwelcome, a single instance of this behavior may not be sufficient to show that the condition of employee A’s work environment has materially changed. Finally, without showing that the employer knew Employee B engaged in sexually inappropriate behavior before he commented, Employee A will have great difficulty holding the employer liable for the behavior of Employee B.

Situation 3: Employee A is starting her job at a car dealership. On the first day of her employment, she meets a coworker, not a manager, named Employee B. Employee B has worked for the car dealership for several years, and is a top salesman, but has previously been reported for sexually harassing women in the workplace. Employee B immediately makes some sexual jokes directed at Employee A. After making the joke, the coworker smacks Employee A on the behind and leaves. This was Employee A’s first interaction with Employee B. 

Can the employer be held liable for Employee B’s behavior? Answer: yes. Typically, if a non-manager coworker sexually harasses another employee, the employer will not be held liable until after the employer has been allowed to prevent it from happening again, and yet it happens again. However, this notice requirement is not necessary if, before Employee A’s instance of sexual harassment occurred, the employer knew about other past instances of sexual harassment carried out by Employee B, even if they were not directed at Employee A. Phrased differently if the employer knew that the coworker had a history of engaging in sexually harassing behavior and failed to address that behavior, the employer may be liable for the co-worker’s behavior. While only a single instance of sexual harassment, the interaction is potentially severe enough to rise to the level of a hostile work environment.

If you or someone you know has been a victim of sexual harassment in the workplace, our attorneys are available for a free consultation and are available by phone at (508-753-3333) or email at the following email address: contactforms@cohenkinne.com. We have recovered millions of dollars for our clients who have experienced sexual harassment in the workplace. 

How to Address Workplace Sexual Harassment

What Is Sexual Harassment? 

Unfortunately, everyone is familiar with the concept of sexual harassment generally. Understanding your legal rights, and what to do when you find yourself in that situation, may not prevent sexual harassment from occurring, but it will prepare you for how to proceed when you are otherwise reeling from such a traumatic event. We at MA Employment Lawyers are highly experienced in navigating and ultimately resolving cases involving gender violence, discrimination, and sexual harassment. 

Massachusetts Courts recognize two forms of sexual harassment: quid-pro-quo harassment and behavior that constitutes a hostile work environment. In quid-pro-quo harassment, an employee who is being harassed is offered compensation, a promotion, or the like in exchange for performing or accepting intrusive, unwanted, and unwelcome sexual favors. If an employee does not engage in those favors, in that case, the benefits/offers are taken away and, in some cases, the employee is met with retaliatory behavior as a result of not complying as a participant. 

Sexual harassment that takes the form of a hostile work environment, though similar, lives in a separate category. The term “hostile work environment” is often misused (reasonably so) to describe any workplace that is hostile, tense, or otherwise unpleasant. However, when used in the legal context, a hostile work environment refers to a very specific circumstance concerning the improper presence of sex in the workplace. This can include unwelcome touching of a sexual nature, inappropriate comments or jokes about sex, sharing of pornography, and the discussion of people’s sex lives. 

In the context of a hostile work environment claim, it is vital to understand that you may have a viable claim under the law even if the sexual behavior is not directed at you. If you are a member of a class of people being inappropriately sexualized and openly observe these actions or behavior directed toward someone in your class, that may constitute a hostile work environment. For example, if you are a woman and your supervisor repeatedly makes lewd comments about the bodies of female customers, your supervisor may be creating a hostile work environment for you – even if you are not the direct target of the comments. 

If you are unsure of whether or not you are being subjected to sexual harassment in the workplace, you should call a knowledgeable and seasoned attorney for more information.

When Is My Employer Liable for Sexual Harassment? 

Not all instances of sexual harassment in the workplace will result in your employer being found responsible in Court. An employer’s liability is dependent on who is doing the harassing. Upon being notified of any sexual harassment, your employer must enter into a prompt and thorough investigation. If you report sexual harassment by a co-worker who is merely an employee and not a manager or your supervisor, the employer will most likely have one opportunity to try to resolve the issue. Then, it is only if the employer fails to take steps to stop this co-worker’s behavior from happening again, that they can become liable for the sexual harassment. For example, if upon notice, an employer’s corrective intervention is successful in preventing any future sexual harassment, it is unlikely a Court will find your employer liable for any damages caused by the sexual harassment. 

However, if the harasser is a manager, supervisor, or someone else that the employer confers authority to the employer is always liable for the sexual harassment. The employer is still required to enter into a prompt and thorough investigation upon being notified of the harassment, but there is no requirement that the harassment occur again for the employer to have liability. 

If you have been sexually harassed by a manager, or by a co-worker even after you reported a prior instance of sexual harassment, reach out to a lawyer to understand whether you are entitled to restitution. The statute of limitations for sexual harassment is very short, so do not delay. 

What to Do When You’re Being Sexually Harassed at Work?

If you are being sexually harassed, document the harassment as much as possible. Oftentimes, there is no documentation of sexual harassment because the harassment is committed in person, leaving no paper trail. If you find yourself in that situation, it is of the utmost importance that you immediately notify the individual listed in your employer’s handbook under the section that covers sexual harassment of the harassment you endured. If you have not been provided with any sexual harassment policy, contact your immediate supervisor in writing, describing the incident in as much detail as possible. If you are experiencing emotional distress as a result of this experience, it is important that you promptly seek medical attention so that your emotional distress is well and contemporaneously documented. If you decide to pursue a lawsuit, documenting your emotional distress can be as important as documenting the sexual harassment itself. 

If you or someone you know has been a victim of sexual harassment in the workplace, our attorneys are available for a free consultation and are available by phone at (508-753-3333) or by email at the following email address: contactforms@cohenkinne.com. 

We have recovered millions of dollars for our clients who have experienced sexual harassment in the workplace.

Tech Employees Facing Missing or Late Pay Checks in Light of Silicon Valley Bank Crash

On March 10, 2023, the Federal Deposit Insurance Corporation, which regulates American bank deposits, declared that Silicon Valley Bank (SVB), the 16th-largest lender in America, failed. SVB’s collapse marked the second-largest US bank failure in history, withholding approximately $209 billion in assets at the time of its collapse. Primarily known for its work with venture-backed tech companies, it is no surprise that employees in this sector are rightfully worried.

With some start-up employees receiving notice from their employers that they will not make payroll in the coming weeks, many are asking themselves what rights does someone have if their employer either fails to pay them or pays them late? The attorneys at MA Employment Lawyers can help.

Employees’ Rights To Timely Paid Wages

The Massachusetts Wage Act is the statute that primarily governs the payment of wages in Massachusetts. The Wage Act sets forth when employers must pay their employees. M.G.L. ch. 149 § 148. When an employer must pay you depends on the circumstances, but most fall into the following categories:

·         If you are currently employed, you are entitled to payment for accrued wages within six (6) days* from the end of the pay period during which your wages were accrued.

·         If you have been terminated by your employer, your employer must pay you on your last day of work, inclusive of your accrued but unused PTO and bonuses;

·         If you resign, you are entitled to payment for the work performed before your resignation within six (6) days* of the last pay period you worked.

Many employees in the tech sector or those working for start-ups have been told they will not be paid on time in the near future. If employers miss the above deadlines, Massachusetts law states the aggrieved employees are entitled to three times the value of their late/unpaid wages, plus the reasonable attorneys fees and costs incurred in obtaining that money. 

As recently as April of 2022, the Massachusetts Supreme Court in the Reuter v. City of Methuen case reaffirmed that the deadlines in the Wage Act are inflexible and non-negotiable. Accordingly, we encourage you to contact a seasoned and reputable employer lawyer to determine the value of your case if your employer has failed to pay you on time.

Your Employer Has Claimed There Is No Money To Pay You For Your Wages

In light of the SVB crash, we expect many employers in the tech sector to tell employees that payroll cannot be met because there is no accessible money to pay employees. The Massachusetts Legislature accounted for circumstances such as these when it defined the term “employer” in the Massachusetts Wage Act. Under Massachusetts law, your employer is not simply the company that pays you; you are employed by the president and treasurer of the corporation, as well as any officers or agents having the management of such corporation.

This means that even if the company you work for does not have money to pay you for your accrued wages, you can work with a knowledgeable employer lawyer to seek payment of your wages directly from the company’s applicable corporate officers. Simply put, if your employer tells you they do not have the money to pay you this month, you may have other avenues for obtaining satisfaction of your wages.

Your Employer Expects You To Continue To Work Without Payment

Many employers in the tech sector use the phrase “sweat equity” to describe the act of employing people they cannot pay while the start-up company is in its infancy, or facing difficult times. Sweat equity is merely a pretty term for wage theft. The Massachusetts Wage Act requires employers to timely pay employees for all hours worked. If you are not being paid, or if your employer tells you that they cannot pay you this pay period, but that you will be paid later when they have more cash on hand, we encourage you to contact an employment lawyer to assist you in obtaining the wages you are owed.

If after reading this article determine that you need a skilled employment attorney, please call us now or contact us online to schedule a free consultation.

FAMILIES FIRST CORONAVIRUS RESPONSE ACT

WORCESTER, MASSACHUSETTS – MA Employment Lawyer speaks with NBC10 Boston reporter Alysha Palumbo about the Families First Coronavirus Response Act, its benefit to working families, its allowances for full or part-time employees, and how businesses will be affected.

Working Mass. Parents May Qualify for Paid Leave During Child’s Remote, Hybrid Learning

For more information about wage violations or equal pay violations, contact our attorneys today.

New Discrimination, Disability Case

The First Circuit Court of Appeals ruled than an employee who made an accommodation request for a disability after engaging in serious work-place misconduct had not been discriminated against by her employer upon termination. This case forced the Court to balance the rights and protections Congress has put in place for disabled employees and an employers’ right to discharge disabled and non-disabled employees alike for violating established and neutrally applied rules of conduct.

This decision stems from a case brought by an employee suffering from post-traumatic stress disorder (“PTSD”). The employee alleged disability discrimination and failure to accommodate on the part of her employer, in violation of the Americans with Disabilities Act (“ADA”). The employee engaged in behavior that included throwing and slamming company equipment and directing expletives towards her co-workers. The employer found that this behavior breached its rules of conduct and made the decision to fire the employee. Before the employer was able to act on its decision, the employee informed the employer of her disability, PTSD. In this communication, the employee requested a workplace accommodation, to work from home, to avoid recurrence of the problem behavior. The employer denied this request and fired the employee.

The First Circuit Court of Appeals affirmed the U.S. District Court judge’s decision in favor of the employer, finding where “an accommodation request follows fireable misconduct, it ordinarily should not be viewed as an accommodation proposal at all” and an interactive process may not be required. The Court further found that the employee failed to establish the employer had discriminatory intent related to the employee’s PTSD, as would support her ADA disparate treatment discrimination claim.

This ruling puts employees in a catch 22—alert your employer of your disability, which may put you at risk of future negative treatment, or risk being fired without recourse when your previously unannounced disability manifests and causes complications in the workplace. If you or someone you know needs advice navigating the difficulties associated with working with a disability, the attorneys of MA Employment Lawyers are standing by. You can contact us by calling or by emailing us.

The materials on this website are for informational purposes only. Nothing on this web site is intended to be legal advice. No attorney-client relationship will exist with the MA Employment Lawyers unless we so agree in writing after personal consultation. The purpose of the information on this website is for advertising and marketing only.

Settlement Alert

FMLA Retaliation – MA Employment Lawyers secured a settlement for a client subjected to retaliation by their employer after exercising their rights under the Family Medical Leave Act (“FMLA”). The FMLA entitles qualifying employees access to twelve (12) weeks of unpaid leave per year. Employees may qualify for FMLA leave if they: (a) work for a public employer or private employer that employed fifty (50) or more employees for at least twenty (20) workweeks during either the current or previous year, (b) have worked at least 1,250 hours for the employer for a minimum of twelve (12) months and (c) work at, or are predominantly assigned work from, a location where at least fifty (50) employees work, or within seventy-five (75) miles of that location. Qualifying employees that exercise their right to FMLA leave, or make a request to do so, are protected from being retaliated against by their employer. Retaliation can include, but is not limited to, a reduction in pay, hours, or responsibility, demotion, termination, or withholding of an earned raise or bonus.

If you or someone you know may have been retaliated gainst after exercising their rights in the workplace, out attorneys are standing by. You can contact us by calling or emailing us.

The materials on this website are for informational purposes only. Nothing on this web site is intended to be legal advice. No attorney-client relationship will exist with the MA Employment Lawyers unless we so agree in writing after personal consultation. The purpose of the information on this website is for advertising and marketing only.

Baking Company Delivery Drivers Entitled To Overtime Pay

The US Court of Appeals for the Fourth Circuit ruled last week that delivery drivers for a baking company are exempt employees and entitled to overtime pay.

The bakery drivers were not paid overtime pay for all hours worked in excess of forty in a work week. Generally carriers are exempt from the federal overtime law, the Fair Labor Standards Act (“FLSA”), but there are certain classes of drivers who are entitled to overtime. In this case, the delivery drivers were protected and thus entitled to overtime, because they operated a vehicle weighing 10,000 pounds or less.

If you are a delivery driver and operate a delivery truck weighing 10,000 pounds or less, you may be entitled to unpaid overtime compensation. For a free consultation, please contact the experienced attorneys at MA Employment Lawyers.