Massachusetts has strict laws protecting an employee's right to the timely payment of earned wages, including overtime. Nevertheless, many employers do not pay their employees all the wages they are due. In some instances, this is because the employer does not understand their legal obligations. In others, it is because the payment of full wages is costly and administratively burdensome, and certain employers would rather bet on their employees being too intimidated or uninformed to bring a legal claim.
Below are some of the most common instances in which employees do not receive the full wages owed under the law. If you believe that you fall in any of these categories, or that your employer has failed to pay you wages in some other context, contact Brandon for a free consultation regarding your legal rights and options. In many cases, employees who have not been paid wages are entitled to three times the amount owed.
Unpaid overtime
The legal presumption is that employees are owed overtime for any hours worked over 40 hours in a workweek. However, there are a number of exemptions to this rule that allow employers to pay employees a fixed salary, regardless of how many hours they work, so long as the employee's job duties meet specific requirements. These positions are called "exempt". Many employers treat their employees as exempt, or “salaried”, even if they don't meet the legal requirements, resulting in the loss of overtime.
Brandon helps his clients understand whether they are entitled to overtime, and in cases where they haven't been paid overtime, helps them receive their unpaid wages and potentially significant additional damages.
independent contractor misclassification
Another way employers save money is by classifying their workers as independent contractors, rather than employees. Employers like to classify their workers as independent contractors because it avoids paying costly taxes, overtime payments, and is administratively easier. However, the presumption is that workers should be classified as employees, unless they meet the following criteria:
(1) The worker is free from the employer's direction and control;
(2) The worker is performing work outside the usual course of the employer's business; and
(3) The worker is engaged in an independent trade or business of the same nature as the work being performed.
If you've been misclassification as an independent contractor, then you may be owed unpaid overtime and other employee benefits.
unpaid commissions
Under Massachusetts law, employees are entitled to commissions when they can be "definitely determined" and are "due and payable." In other words, when all the events in a commission plan have occurred, and can be determined according to a defined formula, an employer generally cannot withhold payment. However, employers frequently refuse to pay commissions when due. In some cases this is because the employee earned far more than expected, in others because the employer has experienced a shortfall of funds, and in others because the employee is leaving to work for a competitor. Contact Brandon for a free consultation if you believe you may be owed commissions that have not been paid to you.