Employment Law FAQs

In the state of Massachusetts and throughout the United States you have multiple rights protected under federal law as a worker. You can make a compensation claim if employers treat you unfairly or deprive you of any of your rights and wage and hour laws.

If an employer has violated your rights or taken away your pay you may be able to pursue a claim, let an experienced Massachusetts employment lawyer at Attorney Injury Group can help you. It is important for you to understand what your employer’s obligations are under the law. The following answers to FAQ can help you to better understand the rules that protect you in the workplace.

Frequently Asked Questions

What is the minimum wage requirement in Massachusetts?
In the state of Massachusetts minimum wage of $11 per hour as of January 1, 2017. This is higher than the federal minimum wage of $7.25 per hour. Your employer is required to compensate you at least $11 per hour for all hours worked.

What if my employer pays me less than the minimum wage?
You may be able to make a claim in order to obtain unpaid wages as well as triple damages if your employer fails to pay you minimum wage for your hours worked. As an employee, you have the right to make a complaint through the Fair Labor Division of the Office of the Attorney General and/or to file a civil lawsuit against your employer.

Is my employer required to pay me overtime?
Unless you are an exempt employee – relative and computer professionals; executives and administrative staff who perform non-manual work and who receive a salary – you are entitled to receive overtime payments at a rate of time-and-a-half for all hours worked over 40 per week.

What if my employer does not pay me overtime as required?
It is important to always keep track of your hours. By law, if your employer does not pay you overtime you are entitled to make a claim for unpaid wages and triple damages. If you are incorrectly classified as an exempt employee you can also make a claim for any unpaid overtime hours worked.

Can my employer ask me to do work off-the-clock?
If you are not on the clock your employer may not ask you to do work and cannot require you to be on-call unless you are being paid for the time. For all the time worked you are required to be paid at least minimum hourly wage – this varies depending on states – this includes any time spent while attending a mandatory training or orientation.

What are my rights as a salaried/exempt employee?
Salaried employees are exempt from overtime provided they are bona fide professionals and/or fit within the exemption category. Salaried employees are still required to receive all wages an employer owes or promises, and may not be furloughed and have their pay docked for days off work unless they do not work at all over the course of a week.

What happens if I am fired from my job?
On the day of your termination your employer is required to pay you for all accrued vacation time and all unpaid wages

What action can I take if my employer has violated wage and hour laws?
You can file a complaint with the Massachusetts Attorney General if your employer violated any of the wage and hour laws. You may also file a civil lawsuit against your employer. You may first be required to file your complaint with the Attorney General in some cases and then either receive written permission to pursue a lawsuit or wait 90 days after filing your complaint to sue.

What damages or compensation can I receive if my employer has broken the law?
If your employer violates wage and hour laws, you can be entitled to receive back pay for the amount owed. Massachusetts labor laws also entitled you to receive triple damages from your employer for the labor law violation. If you have to pursue legal action your employer may be required to pay the attorney fees.

Should I contact an attorney for help?
When filing an unpaid wage claim or taking legal action against your employer it can become confusing. A Massachusetts employment lawyer can help you to understand your rights and pursue a claim to receive the money you deserve. Contact Attorney Injury Group today at 617-934-7000 to schedule a free consultation and learn more about what our attorneys can do to help.