Many workers have gone through this mental calculus. They are getting their hours shaved, tips skimmed, aren’t being paid overtime, etc. They do a little math, figure they are owed a couple of hundred bucks and decide it’s not worth it. They probably think they couldn’t even get a lawyer to write an email for the small amount they are owed. In most circumstances they would be 100 percent correct. Lawyers are very expensive, especially over the course of a multi-year lawsuit. However, if you are an employee in the state of Massachusetts and haven’t been paid all of your wages you may have rights that can ease these concerns.
Payment of wages between an employer and an employee is controlled by the Massachusetts Wage Act. The thrust of the Wage Act is that if you do the work, you deserve to get paid for it. A violation of the Wage Act carries with it severe penalties, the first of which is called “treble damages.” If an employee wins a Wage Act claim in court they are awarded their damages “trebled.” That means you get you get not only what you were owed, but you get it multiplied by three. This is meant to incentivize employees to seek their hard earned wages. $400.00 might not be worth your time but maybe $1,200.00 is.
The second, and potentially most important, benefit is an award of attorney’s fees. If you win in court the employer has to pay your attorney’s fees. This is a great benefit that allows attorneys to take Wage Act cases on a contingency fee basis. That means you don’t have to pay the attorney a retainer or an hourly rate.
Hopefully this information can help some of you out there take a second look at your wages and your rights. Maybe this will help others stand up and ask some questions. Even if you don’t, staying educated is the best way to level the playing field. As always, feel free to contact us at Saban Legal Services for a free consultation.
#wages #WageAct #attorneyfees #treble damages
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