Massachusetts Overtime and Wage Dispute Lawyers
Have you been denied overtime and other rightfully earned wages by a Massachusetts employer? You should know you have valuable legal rights that could enable you to collect treble damages, attorneys’ fees, and litigation costs if your employer is found to have violated Massachusetts wage and hour laws. For over 40 years, the attorneys of Gilman Law LLP have fought for the rights of Massachusetts workers, and have successfully represented victims of wage and hour violations involving:
- Misclassification of independent contractors
- Overtime Issues
- Vacation Pay Issues
- Wage Act Violations
- Unpaid Wages
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In any wage or hour dispute, it is necessary to hire experienced legal representation that can conduct a thorough analysis of the employee’s duties and uphold the worker’s rights. The overtime and wage dispute lawyers at Gilman Law LLP have extensive experience with the laws governing employment claims, including the Massachusetts Wage Act, the Massachusetts Overtime Law, the federal Fair Labor Employment Act, and the federal Equal Pay Act. Whether you were not properly paid for overtime or let go without receiving the full benefits to which you were entitled, the skilled overtime and wage dispute lawyers at Gilman Law LLP can help you recover pay, benefits and damages you deserve under Massachusetts Law.
Massachusetts Wage and Hour Lawsuits
Massachusetts wage and hour laws require that employers follow strict regulations governing payment to employees. Among other things, an employer cannot dock the pay of an employee who arrives late any more than the amount that would have been paid to that employee during the time the employee was late. Other common violations of Massachusetts wage and hour laws include:
Overtime Pay Violations: After 40 hours of work in any given week, employees must be paid one and one-half times the regular hourly rate for those excess hours. Some workers, including executives, professionals and seasonal employees are exempt from overtime pay. Being paid a “salary” does not exempt an employee from overtime pay, rather job duties determine an exemption. Employers in Massachusetts also cannot offer compensatory time instead of overtime pay.
Minimum Wage Violations: The Massachusetts minimum wage is $8.00 per hour. Employees who earn tips may be paid as little as $2.63 per hour. However, if you do not make $8.00 per hour including your tips, then your employer must make up the difference.
Payment of Wages: If your employment is terminated for any reason, you must be paid within six days of the end of the pay period during which the wages were earned if you worked for five or six days during that pay period. If you were employed for seven days or less than three days, you must be paid no later than seven days after the end of the pay period.
Termination Pay: Terminated employees, regardless of whether fired or laid off, must be paid all wages due on the day of termination. “Wages” includes all vacation time earned.
Misclassification of Independent Contractors: Massachusetts makes it very difficult for employers to classify workers as independent contractors by creating a “presumption” of employee status for purposes of the Commonwealth’s wage laws. Massachusetts requires employers to meet a strict three-part test to overcome this presumption:
- A worker must be free from control and direction in performing the service. In other words, it is up to the independent contractor to decide when to work, how to work and where to work.
- Services provided by the independent contractor must be outside of the usual course of the employer’s business.
- The worker must be in an independent trade, occupation, profession or business
If you have been denied your rightfully earned pay, don’t hesitate to call Gilman Law LLP’s overtime and wage dispute lawyers today. Negotiating with your employer could put your rights in jeopardy, and cost you valuable time and money. Our Massachusetts overtime and wage lawyers will thoroughly investigate the circumstances of your case, and use all of their experience to make sure you receive the pay, benefits and other damages the law says you deserve.
Legal Help for Victims of Overtime and Wage Disputes in Massachusetts
Like most states, Massachusetts imposes a strict statute of limitations on overtime and wage dispute lawsuits. To increase your odds of obtaining the full compensation the law allows, it’s vital you contact the experienced Massachusetts employment lawyers at Gilman Law LLP today. The attorneys and professional staff of Gilman Law LLP are available now to answer all of your legal questions. Please complete our online form or contact Gilman Law LLP at (888) 252-0084 for your free, confidential, no-obligation case evaluation with one of our overtime and wage dispute attorneys today.