|

 |
What are my wages exactly?
|
 |
Wages are "money paid or owed for work performed." That includes your
hourly rate, salary and commissions. It also includes your holiday and vacation
pay, as well as time-and-a-half for overtime work. So, when you leave your company,
make sure you receive all your wages.
|
 |
I just left my job. When do I get my money?
|
 |
If you voluntarily leave your job, then you must be paid in full at the end of your
pay period. If you’re fired, your employer must pay you in full on your last day
of work.
|
 |
What can I do if I'm owed wages?
|
 |
You've got power. In most cases after Gordon Law Group, LLP files a complaint with
the Attorney General's office; we can file a civil lawsuit and recover three times
the wages your employer owes you. We can also recover the cost of litigation and
attorney's fees.
|
 |
I don't have a written contract. Can I still recover wages?
|
 |
Yes. A verbal contract between an employer and employee is a valid contract. It
is important to know what you said to each other and how you were treated over time.
|
 |
How often must my employer pay me?
|
 |
If you're an hourly employee, you must be paid weekly or bi-weekly. If you're a
salaried/exempt employee, you can get paid weekly, bi-weekly, semi-monthly or monthly.
If you're terminated, you must be paid in full on your last day of work. If you
voluntarily leave your job, you must be paid in full at the end of your pay period.
|
 |
My boss says I'm an independent contractor, but I work full time for him. Am I an
independent contractor or am I really an employee?
|
 |
It's not unusual for employers to claim employees as independent contractors. After
all, it's cheaper for them – they pay lower taxes and benefits. But whether you
are an employee or an independent contractor is a question of law. Massachusetts
law presumes workers are employees. Basically, if your employer controls and directs
the services you perform, you're an employee. You can be an employee even if your
employer gives you a 1099 form instead of a W-2 form.
|
 |
Is my employer required to give me meal time?
|
 |
Yes. You're entitled to at least 30 minutes for a meal if you work more than six
hours during a calendar day. During meal time you must be free of all your duties,
and allowed to leave the premises. If you voluntarily waive your right to a meal,
you must be paid for the working time.
|
 |
My boss schedules me to work at least 3 hours in a day then sends me home early,
how much should I get paid?
|
 |
You should be paid for "reporting time," which is at least 3 hours of
work on any day you were scheduled for at least 3 hours of work and showed up for
it.
|
 |
Can my boss use "compensatory time" (also known as comp time) instead
of giving me overtime pay?
|
 |
Each work week stands on its own. Your employer may not avoid paying you overtime
in one work week by giving "comp time" during another work week.
However, there is no daily overtime pay requirement. So, your employer may grant
you comp time for a given day, instead of overtime pay, during an individual work
week as long as the total number of hours worked for that week does not exceed forty
without time-and-a-half pay.
|
 |
What about commissions?
|
 |
Commissions are considered wages when they are definitely determined and due and
payable, with some exceptions made by courts on a case-by-case basis, such as for
episodic commissions or those that are part of a separate voluntary plan. When they're
not wages, courts typically treat commissions as contract claims.
|
 |
What about severance pay?
|
 |
It depends on the court. Some say severance is a wage, because the term "wages"
includes dismissal pay. Others say severance is not a wage, because it is not "earned."
When they're not wages, courts typically treat severance payments as a contract
claim.
|
 |
When should I get paid for travel time?
|
 |
Ordinary travel to and from work is not considered working time. But you should
receive pay for travel during the work day. You also may be entitled to pay for
any additional commuting time necessary to get to alternate work sites.
|
 |
What is "prevailing wage"?
|
 |
Prevailing wages are the hourly rates set for certain classifications of work on
construction projects and several other types of public work. The rates may vary
from project to project. Once a project is completed, each contractor, subcontractor
or public body is required to submit a Statement of Compliance that affirms prevailing
wage rates were paid.
|
 |
Can my boss deduct money from my wages?
|
 |
No deductions may be made from minimum wage, except those allowed for certain meals
and lodging. A uniform deposit may be permitted in certain circumstances.
|
 |
What is the minimum wage?
|
 |
Beginning January 1, 2007, minimum wage is $7.50; increasing to $8.00 in 2008. But,
it is still $2.63 for tipped employees who earn at least $20.00 per month (watch
for tip-pooling).
|
 |
What is the overtime rate?
|
 |
One and one-half times the regular hourly rate for all work over 40 hours, unless
you are an "exempt" employee.
|
 |
My boss requires me to be on-site before and after my shift, but only pays me for
the actual duty shift. Shouldn't I get paid for the extra time?
|
 |
Yes. You must be compensated for all time you're required to be onsite or on duty.
This includes the time spent at roll-calls, morning meetings and walking to work
stations, or from the place where you put on required protective clothing.
|
 |
Shouldn't I get overtime premiums for working on Sundays and holidays?
|
 |
Yes. Under the Blue Laws, non-exempt employees who work in retail businesses with
more than 7 employees must be paid time and one-half for all work on Sundays and
certain holidays.
|
 |
If I bring a claim against my employer, can they fire me?
|
 |
Employers may not retaliate against you for asserting your rights under the Wage
Act. MA law states that, "No employee shall be penalized by an employer in
any way as a result of any action on the part of an employee to seek his or her
rights under the wages and hours provisions of this chapter." Cases have determined
that this includes internal complaints.
|
 |
Is there criminal liability for failure to pay wages?
|
 |
Yes. The Attorney General may seek a criminal complaint or indictment for failure
to pay wages. Unintentional failures are subject to civil penalties of up to $7,500
for the first offense. Intentional failures are subject to civil penalties of up
to $25,000 for the first offense and 1 year of prison time. Subsequent fines can
increase to $50,000 and 2 years of imprisonment.
|
 |
How long must my employer keep records?
|
 |
At least 2 years. MA law requires those records to contain name, address, occupation,
as well as amount of wages paid and hours worked. Employers are also required to
give you access to the records.
|
 |
How long do I have to bring a claim against my employer?
|
 |
You have 3 years to recover unpaid regular wages. The statute of limitations will
begin to run the day the employment relationship is terminated and will be stopped
on the day the employee files his civil lawsuit. The statute of limitations is slightly
different with regards to claims for unpaid overtime. Under MA Law, you may recover
up to 2 years of unpaid overtime from the date the civil lawsuit it filed. Under
federal law, however, it is possible for you to recover up to 3 years of unpaid
overtime.
|
 |
How much will it cost to represent me?
|
 |
Gordon Law Group, LLP typically works on a contingency fee basis – which means we
don't get paid any attorney's fees unless there is a recovery for you. However,
you are responsible for any out-of-pocket expenses incurred by a lawsuit. We at
the Gordon Law Group, LLP have a long and successful track record representing employees.
We'll meet with you, discuss your case, coordinate a strategy and file a complaint.
We'll work hard to get your money as quickly as possible.
|
 |
How do I become a client?
|
 |
If you would like to speak to Gordon Law LLP about becoming a client, please call
us at 800.403.7755 to set up an initial consultation, free of charge. We can also
be reached via email by filling out our email contact form.
|
|
|
 |
"I don't think my boss is paying me minimum wage. But he fired the last guy who
complained about his hourly pay rate. I don't want to rock the boat – I can't afford
to lose my job."

|