In the United States, employers are legally required to pay workers for their time. If you are not getting paid at least minimum wage for work you have performed, your employer has likely violated federal and state employment laws.
Each Boston-based wages lawyer at Gordon Law Group, LLP represents current and former employees nationwide who are in this situation. Our attorneys are committed to fighting for workers’ rights and helping them obtain the compensation they are legally entitled to receive. Gordon Law Group, LLP’s attorneys focus on employment law matters and are frequently cited as some of the best employment lawyers in the country.
A Gordon Law Group, LLP wages attorney can help you with a variety of issues related to compensation. In some situations, employers are paying workers, but they are not paying minimum wage, commissions or tips. In other cases, employers do not pay undocumented workers. Failure to pay at least the current minimum wage violates state and federal laws.
Employers are also required to abide by the law when it comes to timing of payments. This includes paying workers who have been fired or laid off all their earned compensation until and including the last day of employment. Similarly, the Massachusetts Wage Act requires employers to pay terminated employees immediately for their earned but unused vacation time.
Other workers may find their pay docked without their permission. Sometimes they may be required to work “off the clock” without compensation or work overtime without being compensated as required by law. These are unlawful situations, and you have rights.
Wage issues can also happen when hourly workers are incorrectly being paid a salary and classified as “exempt” from overtime rules. Non-exempt employees who work more than 40 hours in a week are entitled to overtime pay equal to 1.5 times their ordinary hourly rate for each hour beyond 40/week. Sometimes, employers attempt to pay hourly workers a salary or misclassify workers as independent contractors in an attempt to get around these overtime pay requirements.
The bottom line is that your current or previous employer cannot legally withhold your pay. At the federal level, the Fair Labor Standards Act (FLSA) covers everything from minimum wages, overtime pay and the employment of minors to employer record-keeping requirements. Seasonal workers are also covered by federal regulations in the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), which sets standards for wages and requires employers to tell workers about wages before hiring them. State laws also protect employees from unpaid wage issues, and in many cases go beyond federal requirements.
Employers who violate the law when it comes to employee compensation may find themselves owing much more. In Massachusetts, the Massachusetts Wage Act protects employees, entitling covered employees to treble damages and attorneys’ fees plus interest and expenses. This is designed to make it easier for workers to challenge their employers’ unfair wage practices, as victims do not need to bear the costs to pursue their rights.
What’s more, employees have rights under the Massachusetts Wage Act whether their employers acted intentionally or accidentally failed to pay them the wages they were owed. Violations can involve wrongfully withholding pay or tips, or failing to pay overtime, commissions, regular wages, or wages for accrued but unused vacation time.
Employers can also run afoul of the Massachusetts Wage Act by misclassifying employees as independent contractors, misclassifying exempt and non-exempt workers, failing to pay undocumented workers, requiring employees to work “off the clock,” or failing to pay prevailing compensation for public works projects.
For decades, the attorneys at Gordon Law Group, LLP have been helping victims of wage discrimination and wage theft recover from employers, sending a powerful message that such non-payment or underpayment is unacceptable. We know employment laws, and we stay on top of the latest legislation, developments and legal decisions so we can provide clients the representation they deserve.
Regardless of where you are in your career or what kind of work you do, Gordon Law Group, LLP can help you fight for your compensation. Every situation is different, but the laws apply to all employers. If your current or former employer is not paying you at least minimum wage for your time, contact Gordon Law Group, LLP to schedule a consultation with an unpaid wage lawyer in Boston.