WAGE THEFT

WHAT ARE SOME EXAMPLES OF WAGE THEFT?

Failure to pay overtime. Only certain types of jobs are legally “exempt” from receiving overtime (i.e. “time-and-a-half”). But just because your employer considers you “salaried” or “ineligible” for overtime does not mean you’re not owed additional pay when you work more than 40 hours in a week.

Improper wage deductions. Employers are generally prohibited from withholding a portion of your paycheck, or taking deductions from your pay, for things like uniforms, supplies, or theft and breakage, especially if doing so results in you receiving less than the full minimum wage for every hour worked.

“Time shaving.” Companies that require employees to “punch a clock” at the start or end of their shifts sometimes round the employees’ recorded clock-in and clock-out times “forward” to the nearest five-, ten-, or fifteen-minute mark. Over time, those “lost” minutes can add up to significant unpaid wages.

Unpaid trainings. Employers are generally required to pay you at least the hourly minimum wage for mandatory job-related trainings, seminars, orientations, and the like. If you’re required to go through job training for your employer’s benefit, that’s compensable work time

Working “off the clock.” If you’re an hourly employee, your employer can’t require you to clock out but to keep working, such as by expecting you to complete certain tasks before going home, encouraging you to work through unpaid breaks, or editing your time sheets without authorization.

Paying for business expenses. In Massachusetts, along with several other states, employers cannot require you to pay for “ordinary business expenses” out of your wages. If you’re required to use your personal vehicle for work, for example, your employer must reimburse you for all transportation expenses, including. mileage and maintenance.

Failing to pay “final wages.” Massachusetts requires employers who terminate an employee to pay that employee all their wages due up to the day of the termination on the same day as the termination – not at the end of the regular payroll cycle. That includes any accrued, unused PTO, like vacation time.
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ARE YOU GETTING PAID WHAT YOU’RE OWED?

9-to-5 jobs are becoming a thing of the past. These days, many employers expect and even require employees to be “on call,” to “get in early,” “stay a little late,” or to perform work outside the scheduled “workday.” That’s fine – as long as you’re getting paid properly.

But if you’re doing work for your employer and suspect you’re not getting paid for doing so, or aren’t getting paid everything your employer said you would, you may have a claim for unpaid wages. Such claims can carry enormous penalties for employers.

For instance, employees in Massachusetts can sue their employer to recover unpaid compensation. Employees who succeed in bringing such lawsuits can recover triple what they’re owed.

Massachusetts also requires employers to pay prevailing employees their legal fees and costs, as well as interest on any unpaid wages for the time period leading up to judgment and from the date of judgment to the date when payment is ultimately made.

Here’s an example.

A delivery driver for a national pizza chain wasn’t receiving all his tips in his paycheck and wasn’t getting paid the minimum wage when he was working “in store” folding boxes and taking orders.

We determined he was owed about $6,500 in unpaid tips and wages. That amount then got tripled to about $19,500 – which is what we recovered for him. The court awarded us more than $41,000 in legal fees and costs for our work on the case.