Wage and Hour Laws, Commissions, and Overtime
Under Massachusetts and federal wage and hour laws, employers must pay employees minimum wage and overtime, and must pay them in a timely fashion after wages are earned. Failure to pay minimum wage, overtime, or pay on time will lead to liability for employers, for up to three times the amount of wrongfully withheld money.
Some employers also try to illegally take advantage of employees by not paying them in accordance with the law. These tactics can include not accurately keeping time cards, not paying employees when they must drive to a location as part of their job, wrongfully deducting certain items from paychecks, and not properly reimbursing employees for mileage. An experienced Massachusetts employment lawyer can help right these wrongs.
Overtime is also a particular area of abuse by employers. The law is clear on the requirement to pay overtime to “non-exempt” employees. Some employers will try to break the law by making lower-earning employees “salaried” employees, and thus seek to avoid paying such employees the full wages that are owed. Other employers may not have systems in place to accurately calculate the appropriate wages owed to employees.
Other employers fail to pay employees their earned commissions. If a commission has been earned, is mathematically determinable, and is due, the employee is entitled to the commission, usually even after he/she has left the company.
So-called “wage and hour laws” apply to both low-wage hourly workers and highly paid executives.
Contact the attorneys at Foglem Law LLC to discuss your situation and if you have a case.