Unpaid Wages (Wage and Hour, Prevailing Wage, Unpaid Commissions)

Under the Massachusetts Wage Act, employees in Massachusetts are entitled to several rights related to their wages, including the following:

• Minimum Wage: Employees must be paid at least the state minimum wage, which is $15.00 per hour as of 2026. This rate applies to most workers, with some exceptions for specific industries and roles.
• Overtime Pay: Employees are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a week. Overtime protections apply to most employees who are not exempt under federal or state law.
• Timely Payment of Wages: Employers must pay employees their wages on a regular payday and must pay in full within 6 days after the end of the pay period. Employers must also pay terminated employees all wages and accrued paid time off on their date of termination.
• Deductions and Allowances: Employers are prohibited from making unauthorized deductions from employees’ wages. Deductions can only be made for legally approved reasons such as taxes or employee benefits.
• Right to Recover Wages: If an employer fails to pay wages as required, employees have the right to recover unpaid wages, including interest and additional damages (three times the amount owed).
• Penalties for Non-Compliance: Employers who violate the Massachusetts Wage Act may face severe penalties, including fines and criminal charges for non-payment or improper payment of wages.
• Record-Keeping Requirements: Employers are required to maintain accurate records of wages, hours worked, and other employment-related details.
• Prevailing Wage Rights: In addition to minimum wage and overtime protections, employees working on public works projects (such as construction, road work, or government-funded projects) are entitled to receive the prevailing wage. The prevailing wage is the minimum wage rate set for specific types of work in specific geographic areas, and it often exceeds the standard minimum wage. The Massachusetts Department of Labor Standards (DLS) determines the prevailing wage rates for public works projects, ensuring that workers are paid fairly for their labor.
• Prevailing Wage Violations: If a contractor or employer fails to pay workers the prevailing wage on public projects, workers have the right to file a complaint and seek back wages along with potential penalties for the violation, including three times the amount owed.

If your employer has violated any of these wage-related rights, including failing to pay the prevailing wage on public projects, you may be entitled to compensation and legal recourse. A wage and hour attorney experienced with Massachusetts law can help you navigate the claims process and ensure that your rights are protected under the Massachusetts Wage Act.