Overtime and Unpaid Wages Violations – It’s your money.
Your employer asks you to work a few extra hours this week. As a good employee, you happily comply. To your dismay, your employer fails to fairly compensate you.
Fortunately, you are not without hope. Both Massachusetts and the Federal government have passed legislation to protect you. Under the Fair Labor Standards Act (FLSA), an employer who requires or permits an employee to work over 40 hours in a workweek is generally required to pay the employee premium pay for such overtime work.
You might be able to recover three times the amount owed to you by your employer in unpaid wages under Massachusetts wage and hour laws.
Are you unsure as to whether you’re owed unpaid wages? Common violations include:
- Failure to Pay Overtime Premium – Most employees must be paid One and one half times their hourly rate for hours worked in excess of 40 hours in a workweek.
- Averaging Hours Over Two Weeks – If you work 50 hours in week one and 30 hours in week two and get paid bi-weekly, you are still entitled to overtime premiums on the 10 hours in excess of 40 hours worked in week one.
- Fixed Salary for a Workweek in Excess of 40 Hours – If you are paid a fixed salary for a workweek in excess of 40 hours, you may be entitled to overtime premiums on the hours worked above 40 hours.
- Waiver of Overtime – You cannot waive the overtime requirement and you cannot waive “counting hours” in excess of 40 hours.
- Non-Payment of Wages Earned During Compensable Work Time – You should be paid for all hours worked, which typically includes all the time during which you are required to be on the employer’s premises or “on duty.”
- Non-Payment of Earned Wages Upon Termination – When you are terminated, your employer must pay you all wages due including vacation time earned.
Please speak with an attorney as soon as possible so that your rights might be protected. Our attorneys are happy to answer your questions regarding the various wage and labor acts and eager to discuss your legal options.