Incorrect or Unpaid Wages

It should go without saying:  You work.  You then receive compensation for that work. Unless you don’t.  Perhaps it’s just an oversight by your employer or maybe it was intentional, either way you are entitled to be paid your earned wages on time, every time.  

If you have not received compensation for work performed, or are not paid the wage promised by your employer, you may be entitled to your unpaid wages and significant punitive damages too.  We can help you get back what you earned.  We are passionate about helping you recover the funds you worked so hard to earn.  Contact our office today to schedule a free consultation!

Do I Have a Claim for Unpaid or Incorrect Wages?

Believe it or not, the federal Fair Labor Standards Act (FLSA) was passed in 1938 to help protect employees in the aftermath of the Great Depression. This act protects your right to earn at least the federal or state minimum wage, to be paid for every hour worked, to keep your tips, and to limit deductions from your paycheck.

So how is this relevant to you specifically?  How do you know if you have a valid unpaid or incorrect wages claim?  Our team at Cohen & Lucyniak is here to assist you in figuring out whether or not your employer’s conduct violates state or federal labor laws.  We will present you with the options for challenging your employer’s potentially illegal conduct, and help you determine if your case is worth pursuing. If you are not paid any of the following, you have a claim:

  • Minimum wage
  • Overtime (more than 40 hours in one week or 80 hours over two consecutive weeks)
  • For break time provided by law (or are not offered breaks)
  • For off-the-clock work
  • For time necessary to put on / take off safety or other work-related gear or uniforms
  • For unused accrued vacation time
  • For unused accrued sick time
  • For work-related travel time, such as traveling between job sites or from job sites back to the office during work hours
  • For premium overtime pay for legal, straight-hour maximum times

Regardless of your employer’s reason for not paying or not paying on time, you are entitled to your wages.  Even an oversight by your employer is no defense. 

Keep in mind:  it is always good practice to keep your paystubs in either physical or electronic form.  That way you can review your hours and your pay to make sure they match, and to ensure that you are receiving the correct pay for the hours you’ve worked.  If you’ve received a paycheck for incorrect wages, and are required to cash that check before the next pay period, keep a copy of that check for your records.

Our attorneys will provide you with an in-depth analysis of the legal action available to reclaim your unpaid wages, and will then collaborate with you to formulate an informed, sound plan of action.  We are always transparent about our legal fees and other litigation costs, and in most cases we will work on a contingency fee, which means we don’t get paid unless and until you get paid. 

Don’t hesitate to call us today – we want to assist you in any way we can.

How Am I Protected by Massachusetts Law?

Just as the Fair Labor Standards Act protects employees on a federal level, Massachusetts has labor laws that protects the citizens of the Commonwealth.  Under these laws, employees must:

  • Be paid for all time worked
  • Be paid on time
  • Receive paystubs
  • Have access to their employer’s record of their hours and pay

 

Common violations of these laws include:

  • No pay for working through meal breaks
  • Working off the clock to meet deadlines (even if a manager directs you not to do so)
  • Not getting paid for on-call time when you cannot leave the job site or are not effectively free to use your time while on call
  • Not being paid overtime, sick time or vacation time.

 

You must be paid for all the time you worked if you are an hourly employee.  If you feel your rights as an employee have been violated, you can file a complaint with the Massachusetts Attorney General’s Fair Labor Division.  In addition, we strongly urge you to contact an attorney as soon as possible to review your case.  Our team is well-versed in how Massachusetts laws work to protect your pay and your rights.  We are also aware of how scary it can be to file a claim against the very entity who has been providing your livelihood.  But keep in mind that it is illegal to fire an employee for filing a wage claim.  Cohen & Lucyniak is on your side – we are here to ensure that our state and federal laws are upheld in your favor.  We expertly and relentlessly advocate for you from start to finish.  Schedule a free consultation with one of our Boston Employment Law specialists today!

Contact Us Today