Unpaid Wages in Massachusetts: How to Recover What You Are Owed

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes the federal framework for unpaid wages claims. The FLSA requires employers to pay at least the federal minimum wage ($7.25/hour) and overtime compensation (1.5 times regular rate for hours over 40 per week) to non-exempt employees. Employers covered include those with annual gross sales of at least $500,000 or engaged in interstate commerce.

Under the FLSA, employees can recover unpaid wages, an equal amount in liquidated damages, and in litigation, reasonable attorney fees and court costs. The statute of limitations for FLSA claims is three years for willful violations and two years for non-willful violations. The FLSA applies to most private employers, federal, state, and local government employers.

The U.S. Department of Labor Wage and Hour Division enforces the FLSA and handles wage complaints. Employees may also bring private lawsuits in federal or state court. The FLSA preempts state law only to the extent state law provides less protection; states may provide more generous protections, which remain enforceable.

Massachusetts law on unpaid wages is substantially more protective than federal law under M.G.L. c. 149, §§ 150–152. Massachusetts has a higher minimum wage ($15.00/hour as of 2024) than the federal minimum wage of $7.25/hour. The state requires overtime at 1.5 times the regular rate for all hours over 40 per week, matching federal law, but with stricter enforcement.

Massachusetts employers must pay wages in full and on time according to established payroll schedules. Employers cannot make unauthorized deductions from wages or delay payment as punishment. All private employers in Massachusetts are covered by state wage law regardless of size or revenue threshold; federal FLSA coverage thresholds do not apply to state claims.

Under M.G.L. c. 149, § 152, an employee may recover not only all unpaid wages but treble damages (three times the unpaid wages) plus attorney fees and court costs. This treble damages remedy is significantly more generous than the federal liquidated damages provision (equal to unpaid wages). The statute of limitations for unpaid wages claims in Massachusetts is six years, compared to three years federally for willful violations.

Massachusetts also provides protections against wage theft and misclassification. Employers cannot classify employees as independent contractors to avoid wage and overtime obligations. The state imposes on employers the burden to prove proper classification. Additionally, Massachusetts law prohibits retaliation against employees who assert wage claims, providing additional remedies under M.G.L. c. 149, § 150(b).

Massachusetts recognizes narrow exceptions to wage payment requirements. Employers may make lawful deductions for taxes, court-ordered garnishments, and benefits the employee has authorized in writing (e.g., health insurance premiums, 401(k) contributions). However, deductions cannot reduce wages below minimum wage.

Good faith disputes over wage calculation may provide a defense if the employer acted in good faith and paid the amount it reasonably believed was owed; however, this defense is narrow and does not shield willful violations. Employers cannot avoid wage obligations by claiming financial hardship or business difficulty.

Independent contractors are not covered by Massachusetts wage laws if they are truly independent contractors—however, Massachusetts applies a stringent ABC test for classification. An employer must prove: (A) the worker is free from control and direction, (B) the worker performs work outside the employer's usual business, and (C) the worker is independently established in that business. Misclassification as an independent contractor does not extinguish wage obligations.

Union employees covered by a collective bargaining agreement may have wage disputes resolved through grievance procedures specified in the contract; however, employees retain the right to pursue state wage claims. Voluntary grace periods or agreements to defer wages are not enforceable against employees. Wage agreements that waive statutory protections are void. Exempt employees (certain managerial, professional, and administrative roles) are excluded from overtime requirements but remain protected against minimum wage violations and must receive full salary payments without improper deductions.

Step 1: Document the violation thoroughly. Keep all pay stubs, timesheets, communications with your employer regarding wages, work schedules, and any evidence showing hours worked and wages owed. Photograph or save email confirmations of unpaid amounts. Note the dates and amounts of each missed or short payment. Retain copies of your original employment agreement and any written policies regarding pay schedules. Document any communications where the employer promised payment.

Step 2: Pursue internal complaint if feasible. Report the wage violation to your direct manager or human resources in writing (email is acceptable) describing the specific unpaid wages, dates affected, and amount owed. Request written confirmation of when payment will be made. Keep a copy of this communication. While not required, this creates a record of notice and may encourage prompt resolution. However, do not let internal processes delay filing an official complaint, particularly if the employer is unresponsive.

Step 3: File a complaint with the Massachusetts Department of Labor Wage and Hour Division. Submit Form WH-1 (Wage Complaint) online at mass.gov/dol or in person at 19 Staniford Street, Boston, MA 02114. You may also call the Wage and Hour Division hotline at (617) 626-6975. Provide your name, contact information, employer name and address, dates of unpaid wages, amount owed, job title, hours worked, and hourly rate. Include supporting documentation. There is no filing fee. Alternatively, file a private lawsuit in Superior Court in the county where you work or where the employer is located; you do not need to exhaust the administrative complaint process first.

Step 4: Understand the investigation process. The Department of Labor typically contacts the employer within 5–10 business days of receiving your complaint. The employer must provide payroll records, timesheets, and a written response within 10–14 days. The Department investigates whether wages were properly paid according to the law. The investigation usually takes 4–8 weeks. You may be contacted for additional information. Once complete, the Department sends a determination letter. If the Department finds a violation, it may attempt settlement or refer for enforcement.

Step 5: Consult an employment attorney if the amount is substantial, the employer disputes the claim, or settlement is not reached within 60 days. An attorney can file or advance a private lawsuit and help you recover treble damages, attorney fees, and costs. Many employment attorneys work on contingency (no upfront fee). An employment law or labor law specialist is appropriate. If you cannot afford an attorney, contact a legal aid organization such as Greater Boston Legal Services or the Massachusetts Bar Association Lawyer Referral Service.