Dealing With Unpaid Wages in Massachusetts
My employer hasn't paid me — here's what Massachusetts law says and what to do next.
Statute: Mass. Gen. Laws ch. 149, § 148
Deadline: 0 days
Penalty: Employer is liable for mandatory treble (3x) damages on all unpaid wages — this is automatic, not discretionary — plus costs, reasonable attorney fees, and interest
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Massachusetts differs from federal law
Massachusetts has one of the highest minimum wages in the nation:
- Standard minimum wage: $15.00/hr
- Tipped employees: $6.75/hr service rate, but employers must ensure total compensation (tips + wages) reaches at least $15.00/hr
- MA does not allow a tip credit to reduce below $6.75/hr
- There is no youth or training subminimum wage in Massachusetts
- Agricultural workers are covered by the state minimum wage
- MA law preempts local governments from setting different minimum wage rates
The MA minimum wage applies to all employers regardless of size.
Additional steps in Massachusetts
File minimum wage complaints with the MA Attorney General's Fair Labor Division at (617) 727-3465 or online at mass.gov/ago/fairlabor. Under the MA Wage Act, workers can recover treble damages plus attorney fees in a private lawsuit.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Massachusetts, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Massachusetts.