How can I recover unpaid wages or a withheld final paycheck in Massachusetts?
Massachusetts law requires employers to pay earned wages on a regular schedule and to pay discharged employees in full on the day of discharge, or employees who quit on the next regular pay day. If an employer keeps earned pay, the worker may pursue the unpaid wages through state administrative or court processes. Remedies can include the unpaid amount, interest or penalties, and in minimum-wage cases, treble damages and costs.
Common actions include sending a written demand to the employer and filing a claim with the state agency or court. Time limits apply to wage claims, so people often act promptly to preserve remedies.
Current Massachusetts law
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The deadline that matters
Many private wage claims are subject to a three-year limitation for causes of action under M.G.L. c. 151, § 20A; claims against the commonwealth may have a six-year limit under M.G.L. c. 29, § 32A.
What Massachusetts law says
The weekly wage statute generally requires timely payment of wages and immediate payment on discharge under M.G.L. c. 149, § 148. Interest and certain penalties may apply to overdue amounts under M.G.L. c. 151A, § 15. For minimum wage claims, an employee may seek the unpaid minimum wages plus treble damages, costs, and reasonable attorney's fees under M.G.L. c. 151, § 20. Wage claims against the commonwealth have a six-year claim period under M.G.L. c. 29, § 32A. Civil actions subject to the chapter may be limited to causes of action accruing within three years before filing under M.G.L. c. 151, § 20A.
What to do
A common first step is to send a written demand or demand letter to the employer documenting hours, pay owed, and dates.
A common next step is to file a wage claim or complaint with the state agency that handles wage enforcement, or pursue a civil action if appropriate.
A common option is to collect and preserve pay stubs, time records, communications, and any employment agreement as supporting evidence.
A common step is to consider whether the claim involves minimum wage issues that could allow treble damages and costs under M.G.L. c. 151, § 20.
A common step is to act promptly because statutory time limits may bar recovery if a claim is delayed.
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Common questions
When must an employer pay a discharged employee?
The law requires that a discharged employee be paid in full on the day of discharge under M.G.L. c. 149, § 148.
Can interest or penalties be added to overdue wages?
Overdue amounts may carry interest or a daily penalty as provided by M.G.L. c. 151A, § 15.
Are there stronger remedies for unpaid minimum wages?
Yes, a person paid less than the minimum wage may seek the unpaid minimum wages plus treble damages, costs, and reasonable attorney's fees under M.G.L. c. 151, § 20.
How long do I have to file a wage claim?
A civil cause of action under the chapter is generally limited to three years prior to filing under M.G.L. c. 151, § 20A; claims against the commonwealth may have a six-year limit under M.G.L. c. 29, § 32A.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
