Legal Question in Employment Law in Massachusetts

Re: Paycheck Bounced

You can commence a suit against the employer, however if it is no longer operating as a corporation, you will have to pierce the corporate veil in order to go after the owner. This is not so easy to do however is possible. I would need to find out more details regarding your situation to give you further advice.

Feel free to contact me if you would like to discuss this further.

Kind regards,

Peter Moulinos

Re: Paycheck Bounced

There are other factors that must be considered beyond those you mention.

If you are sure you are not "exempt" from overtime under the FLSA, you might sue your employer, or if he is bankrupt assert a claim as a creditor in bankruptcy.

Besides the FLSA, your overtime might be covered under State Law depending on your occupation. In that case you might file a claim with the State Department of Labor.

I would suggest that you start by contacting the Federal Department of Labor or reviewing their Fair Pay website for further info.

Re: Paycheck Bounced

Under Massachusetts law it is unlawful to pay wages including overtime pay on a weekly or other regular basis. i would need to know if Massachusetts law applies, you worked in Mass. and were a non exempt employee entitled to overtime pay.

If Mass law applies and you were entitled to overitme you must first file a claim with the Attorney General. then you could sue in court for up to three times your lost wages. Both the company as well as the President and treasurer can be sued individually and if successful be forced to pay you even if the company has no assets.

If interested in pursuing this further please call my office. 617 523 -5233