Legal Question in Employment Law in Massachusetts
No Paycheck for almost 4 weeks.
I get paid bi-weekly, my boss said that there would be a delay in the pay by 1 or 2 days, I acknowledged it as ok.
6 days pass, My Boss says he wrote the check but I can't have it, I ask If I could hold on to it until he wants me to cash it, I cannot/no response. My Bills are up to date and there are no major worries right now. Also I am owed travel expenses that have been submitted four months ago. Background small manufacturing business, where this type of activity has happened before to employees that are not here anymore. What do I do?
3 Answers from Attorneys
Re: No Paycheck for almost 4 weeks.
In these economic times, your situation is - sadly - not unique. However, the failure to pay wages is a criminal offense. The Attorney General has exclusive jurisidiction over claims under the Wage Act - so you must first contact the AG's office to file a complaint. You want to contact the Fiar Labor Practices Division at the AG's office in Boston. Once you file a complaint, the AG will either investigate and get you your wages, or will release the case back to you (waiving jurisdiction), which will permit you to sue for your wages in Court. If successful, you can get 3 times your wages, plus legal fees.
You also might want to start looking for another job.
Good luck.
Re: No Paycheck for almost 4 weeks.
Massachusetts law requires that employees be paid wages either weekly or bi-weekly, and that they be paid within 6 days of the end of the pay period if the person worked 5 or 6 days during the pay period (i.e. if the workweek ends on Friday and the employee is paid weekly, they must be paid for that workweek by the following Thursday). Reimbursements for travel expenses should be considered wages if you have an agreement with your employer that you will be reimbursed for such expenses. Complaints may be lodged with the Attorney General's Office - Division of Fair Labor and Business Practices. Fines and penalties may be imposed against an employer. Also, it is illegal for an employer to retaliate against an employee who has made a complaint.
Re: No Paycheck for almost 4 weeks.
Call the Attorney General's Office of Wage and Hour Administration. You must be paid on time or your employer can be fined.
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