If you’ve worked for an employer in Massachusetts who has failed to pay you properly for hours worked or overtime owed, you may be a victim of wage theft. This illegal practice is alarmingly common in America, but we can help you get the pay you’re owed.
A Worcester wage theft lawyer can help you understand your legal rights and options to get the money you’re owed for your labor. You could help your coworkers get what they’re owed as well. It’s rare for an employer to short a single employee.
Here’s what you need to know about reporting unpaid wage claims to the Massachusetts Attorney General’s Fair Labor Division and how we can help you file a private lawsuit against your employer to get what you’re owed.
Know Your Rights
Under the Massachusetts Wage Act, employers are required to pay wages earned to employees regularly and not later than six days from the end of the pay period during which these wages were earned. This includes salaries, earned commissions, overtime, and other compensation.
Before taking formal action, you can attempt to resolve the issue directly with your employer. Sometimes, issues might be due to a misunderstanding or a clerical error that can be corrected amicably.
If you know your hours are correct and they refuse to pay you what you’re owed or retaliate against you, it’s time to document your claim. Mark the hours you worked, the wages you should have been paid, and records of communications you’ve had regarding the matter with your employer.
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How do I Report Wage Theft?
You can file a complaint with the Massachusetts Attorney General’s Fair Labor Division. You can file a complaint online or call the Fair Labor Hotline on the same page. You will need to provide information about the complaint, but you do not need to provide documentation.
It may take several weeks for them to process your complaint due to the volume of complaints. A lawyer can help you write your complaint to give you the best opportunity to get your desired outcome. Some of the actions they may take include:
- Penalize your employer with a civil citation and order them to pay you.
- Warn the employer that they violated the law (mostly done for small errors).
- File criminal charges against your employer.
- Take additional actions to resolve other violations.
How do I Sue My Employer for Wage Theft?
When you make your online complaint, there is a checkbox marked “I am requesting permission to sue privately.” If you wish to sue your employer, you must check that box so the Attorney General will know your intent.
If you check that, you will get a “private right of action” letter if the Attorney General’s Office finds your complaint credible. The Office will not investigate your employer or enforce the law, but you will have the right to sue.
With that letter, you can approach our lawyers to start a lawsuit against your employer. You can sue them on your own or with your coworkers as a group if they have similar complaints. Should you win, Massachusetts law lets you collect:
- Triple damages (three times what you’re owed)
- Attorney fees
- Court costs
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What Documentation Should I Bring to the Consultation?
Besides the private right of action letter, you’ll need to bring additional information to help your lawyer know if you have a good case. Have the following information handy:
- Employer name and location
- Dates worked without full pay
- Estimated unpaid wages and hours
- Pay stubs and time records
- Any communications you’ve had with your employer about solving the wage dispute
You can see a lawyer before you have the private right of action letter to get advice on taking your dispute to court and your chances of success. Many people feel powerless against their employers, but the law is stronger than they are. It’s worth your time to learn your legal options.
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How Long do I Have to Report Unpaid Wages?
It’s important to act promptly since there are time limitations for filing complaints and lawsuits under the Wage Act. The standard time limit to file a wage theft claim in Massachusetts is three years.
You cannot collect your unpaid wages in Massachusetts if you try to sue beyond that time, so do not wait until the last minute to start your case. Assert your rights and seek the compensation you’re owed by filing a complaint or working with a wage theft lawyer.
Seek Legal Advice
Consulting with a lawyer who specializes in employment law can provide you with guidance on how to report unpaid wages in Massachusetts and your legal options. If you decide that going to court is better than a formal investigation, our firm can help you do that.
Learn how Duddy, Goodwin & Pollard can help you by calling us or completing our free case evaluation form to schedule an appointment.
Call or text (860) 999-9394 or complete a Free Case Evaluation form