MASSACHUSETTS UNPAID WAGES ATTORNEY

You work to earn a living and support your family, and you have the right to receive your wages. The Massachusetts Wage Act is a robust law designed to safeguard employees. It mandates that employers pay their employees and defends the rights of workers who are either underpaid or not paid.

Swartz Law is an employment law firm representing clients with unpaid wage claims in Boston and across Massachusetts. With over fifteen years of experience, unpaid wages lawyer Tara Swartz possesses the expertise, insight, and ability to ensure you receive your due compensation.

What are Wages?

Wages refer to the compensation for work or services. In Massachusetts, this encompasses hourly earnings (including minimum wage and overtime), salaries, accrued vacation and holiday pay, earned commissions, non-discretionary bonuses, and other forms of payment like tips.

Commissions and Bonuses

Under the Massachusetts Wage Act, commissions are considered “pay” when they are “definitely determined” and “due and payable.” A commission is “definitely determined” when it can be calculated arithmetically. Employers typically outline the timing and conditions for when commissions become “due and payable.” If they neglect to do so, previous actions and practices will define the agreement regarding commissions. Bonuses, on the other hand, can qualify as wages if they are non-discretionary. To prevent bonuses from being classified as pay, employers often ensure there is some level of discretion involved in issuing them.

If you face termination just before a significant commission or bonus is due, this can present a complex situation. Determining entitlement to the commission or bonus involves a detailed, case-specific analysis. Factors such as potential bad faith by the employer may come into play.

In such scenarios, consulting with an experienced wage claim lawyer is crucial. They can help assess whether you have a valid claim to the commission or bonus. Legal guidance is essential to navigate these nuanced situations effectively.

Triple Damages for Unpaid Wages

According to the Massachusetts Wage Act, if your employer doesn’t pay your wages or wrongly classifies you as an independent contractor, you have the right to sue for triple the owed amount plus attorney fees. This incentivizes employers to settle such claims.

It’s important to know that employees need to file wage claims with the Massachusetts Attorney General’s Office before proceeding to court. However, triple damages are only applicable once the case is in court. An experienced lawyer specializing in unpaid wages can help guide you through the process to protect your claims and potential damages.