Unpaid Wages and Overtime Claims Attorneys in Boston

FAQ for Unpaid Wages in Massachusetts

Q: Can my employer make me work off-the-clock?

A: First, it’s necessary to distinguish between exempt employees, who are salaried employees that are not entitled to the overtime premium for working more than forty hours per week versus non-exempt employees (not always hourly employees) who are entitled to the overtime premium for working forty-plus hours in a workweek.

If you are a salaried employee and classified as exempt, the employer can set expectations that you will work as many hours as the employer regards as necessary and appropriate to get the work done. These employees are supposed to get paid the same amount every week, regardless of how many hours they work. Companies can require hourly employees to work more than their regularly scheduled hours are legally required to pay these employees their regular wages or the overtime rate if more than forty hours per week.

Q: When can my employer dock my pay?

A: An employer should never dock an employee’s pay without permission with very few exceptions. For example, if a company gives an employee an iPad to perform his / her job and the employee accidentally breaks the device, the employer is not allowed to deduct the cost to fix or replace the iPad from the employee’s paycheck. One example in which an employer could withhold monies from a paycheck is if the employee took a loan and quit before paying back the loan. In that scenario, the company could offset the loan in the paycheck, although the company better have documentation providing that the loan was made and not repaid.

Q: Should I file a Wage Complaint with the Attorney General?

A: We would recommend that you first consult with an employment law specialist before you file with the Attorney General’s office. There are numerous strategies and considerations that need to be taken before beginning your case. An experienced lawyer will know exactly how to fill out the AG’s form and how to obtain treble (triple) damages in court. There are many benefits to having your attorney take control over a Wage Act case from the beginning.

Q: Can I recover Paid Time Off (PTO) or vacation or sick time under the Wage Act?

A: Under the MA Wage Act, an employee is legally entitled to be paid all accrued, unused vacation, or PTO upon the termination of the employment relationship. However, an employer does not have to pay an employee any unused, accrued sick time. If the employee terminates the relationship, then the monies are due at the next regularly scheduled payroll schedule. If the employer terminates the relationship, then the monies are due that same day. Employees should be aware of any policies regarding PTO or vacation. Some companies have a policy that limits or prevents saving vacation hours from year to year.

Q: What are the key differences between exempt and non-exempt employees? 

A: 

Exempt Employees:

• Salary Basis: Exempt employees are typically paid on a salary basis rather than hourly wages.
• Exemption from Overtime: Exempt employees are not eligible for overtime pay regardless of the number of hours worked beyond 40 hours per week.
• Job Duties: Exempt employees must primarily perform exempt job duties as defined by the Fair Labor Standards Act (FLSA).
• Minimum Salary Requirement: Exempt employees must meet certain salary thresholds established by federal and state regulations.

Non-Exempt Employees:

• Hourly Pay: Non-exempt employees are paid on an hourly basis and are entitled to overtime pay for hours worked beyond 40 hours per week.
• Overtime Eligibility: Non-exempt employees must receive overtime pay at a rate of at least time-and-a-half for hours worked over 40 in a workweek.
• Job Duties: Non-exempt employees typically perform non-exempt duties that are not managerial, administrative, or professional in nature.
• Recordkeeping Requirements: Employers must maintain accurate records of hours worked by non-exempt employees.