Boston Unpaid Wage Lawyer
Whether you’re an employee suspecting that your employer may have overlooked providing you with entitled wages, or an employer navigating the complexities of wage and hour laws, understanding legal obligations is crucial.
For employees, it can be disheartening to realize that their employer has failed to meet its legal responsibilities under Massachusetts and federal wage and hour laws. These regulations require employers to pay at least the minimum wage, provide applicable overtime compensation, and ensure timely payment for earned wages. Violations can result in severe consequences, such as double or triple damages and criminal penalties. Employees are protected from retaliation for asserting their rights under wage and hour laws. If you suspect your employer has violated your rights, consult with a knowledgeable unpaid wage attorney who can assess your situation and guide you through legal avenues to secure the compensation you deserve.
For employers, the complexities of the law can be costly even when an employer has taken steps to meet all of its obligations under the state’s extensive wage and hour laws. Ensuring compliance with legal obligations is paramount for employers to avoid potential legal consequences. Our Boston unpaid wage lawyers are dedicated to assisting employers in understanding and adhering to wage and hour laws, fostering fair and legal workplace practices. By providing guidance and support, we aim to help employers navigate the complexities of unpaid wage laws, maintain compliance, and create a work environment that is both legally sound and equitable for all parties involved.
Massachusetts Wage Act
The Massachusetts Wage Act (M.G.L Chapters 149 and 151) is a pivotal piece of employment legislation, serving as protection of workers’ wage rights within the state. This comprehensive law mandates that employers fulfill their legal obligations by paying all earned wages, including minimum wage and overtime, and ensuring timely payment upon termination.
The Massachusetts Wage Act imposes strict liability on employers for violations. Employees who experience non-compliance are generally entitled to triple damages, along with attorney’s fees, interest at 12% per annum, and incurred expenses. This legal framework not only serves as a deterrent against wage violations but also underscores the commitment to ensuring fair compensation practices and protecting the financial well-being of workers in Massachusetts.
What Qualifies as a Breach of Wage & Hour Laws in Boston?
In the workplace, employers must follow wage and hour laws. Examples of situations where violations may occur include, but are not limited to:
- Underpayment of Wages: Employers failing to pay employees at least the minimum wage or neglecting to provide appropriate overtime compensation for hours worked beyond the standard workweek.
- Misclassification of Employees: Incorrectly categorizing employees as independent contractors to avoid providing benefits, overtime pay, or other protections afforded to employees.
- Unpaid Breaks: Denying employees legally mandated breaks or not compensating employees for working through designated break times.
- Off-the-Clock Work: Expecting or allowing employees to work off the clock without proper compensation for worked hours.
- Unlawful Deductions: Illegally withholding or deducting wages from employees’ paychecks, except where legally permissible (such as taxes).
- Tip Violations: Violating tip-sharing rules or wrongfully retaining a portion of employees’ tips.
- Failure to Pay Prevailing Wages: Not adhering to prevailing wage rates on public construction projects, as mandated by state and federal laws.
- Vacation Pay Violations: Failing to compensate employees for accrued unused vacation time upon termination or departure.
- Retaliation for Wage Claims: Retaliating against employees who assert their rights under wage and hour laws, such as filing complaints or taking legal action.
- Recordkeeping Violations: Failing to maintain accurate records of employees’ work hours, wages, and other essential information, as required by law.
Rudolph Friedmann LLP has advocated for a diverse array of clients, including both employees and employers spanning various professions and income levels. Our committed team of Boston wage and hour attorneys is prepared to advocate for the rights of both employees and employers.
Representative Employer Experience
- Defended a national company in a class-action lawsuit seeking unpaid wages in the form of time-shaving, unpaid breaks and minimum wage laws. Original demand was in excess of $28 million and the matter settled for five figures.
- Defended an attempted class-action lawsuit for unpaid wages asserting violations of the fair labor standards act and Massachusetts wage act. Successfully obtained dismissal of the class-action lawsuit and compelled arbitration of the named plaintiff’s claims on an individual basis, resulting in resolution of the matter.
- Defended employers in a variety of industries against wage and hour claims asserted by former employees, including resolved a wage and hour claim against a material supplier in a matter of days after litigation was filed for substantially less than employer was exposed to in Court.
Representative Employee Experience
- Appointed as class counsel to over 900 Pepperidge Farm distributors in Massachusetts, California and Illinois in Alfred v. Pepperidge Farm, Inc., a case involving allegations of independent contractor misclassification; negotiated a $23 million class action settlement for distributors
- Obtained a $7 million class action settlement for prevailing wage violations on behalf of over 1,000 Waste Management employees in Mullally et al v. Waste Management of Massachusetts, Inc.
- Obtained a $6.5 million class action settlement for prevailing wage violations on behalf of over 700 Allied Waste/Republic Services employees in Swiderski v. Allied Waste Services of Massachusetts, LLC; the case was the largest employment settlement in Massachusetts in 2015 as reported by Massachusetts Lawyers Weekly.
- Obtained a $5.25 million class action settlement for 250+ employees for prevailing and overtime wage violations action against a regional environmental maintenance company.
- Obtained a $1.15 million class action settlement for travel time violations on behalf of over 100 employees in Domenech v. National Water Main Cleaning Co.
- Obtained a $450,000 settlement against a construction firm for prevailing wage violations.
- Negotiated a wage and hour settlement on behalf of 28 clients against their former Texas-based employer in a bankruptcy proceeding in the U.S. District Court for the Southern District of Texas; recovered over $10,000 on average per employee, each of whom alleged that the company unlawfully withheld wages due to them.
- Collected unpaid wages, treble damages and attorney’s fees on behalf of an unpaid laborer in violation of the prevailing wage laws.
Recover Your Unpaid Wages in Boston
Beginning July 13, 2008, Massachusetts mandated that employees who win unpaid wage claim cases receive three times the amount owed as well as attorney fees and court costs. The Wage Act was set up to ensure that working employees can afford an attorney. To pursue unpaid wage recovery, consultation with an unpaid wage attorney is essential.
In the event of a successful lawsuit by an employee, an employer could be legally compelled to provide the following:
- Unpaid wages: With the assistance of a skilled unpaid wage lawyer in Boston, an employee may be entitled to receive overdue wages, including any unpaid overtime.
- Interest: The court may also award interest on the unpaid wages.
- Liquidated damages: Instead of accruing interest, an employee may recover “liquidated damages,” a predetermined amount granted to successful wage dispute claimants. If an employee demonstrates that the employer willfully failed to provide fair compensation, the employer may be liable to pay up to three times the owed amount.
- Attorney fees: If successful, employers may be required to cover an employee’s attorney’s fees and other associated costs incurred during the case.
Discuss Your Case with a Boston Wage and Hour Violations Lawyer Today
Whether you’re an employee dealing with paycheck issues or an employer facing wage and hour claims, the wage and hour attorneys at Rudolph Friedmann LLP are here to assist you in addressing these employment related matters.
To speak with an experienced unpaid wage attorney call Managing Partner Jim Rudolph at 617.723.7700 or contact us online.