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Treble Damages Awarded In a Massachusetts Wage and Hour Violation Dispute (Part A)

Legislation passed in July 2008 clarifying the damages to be paid to employees who file lawsuits against their employers for violating the Massachusetts Wage and Hour Laws. This legislation states that any employer found to be in violation of the numerous guidelines set forth in the Massachusetts General Laws may be held liable for to up to 3 times the amount of damages, attorneys' fees, and litigation costs. This clarification, known as the "Treble Damages Law", was enacted to deter employers from engaging in unfair practices against their employees.

What Constitutes a Wage & Hour Violation in Massachusetts?

If you are employed and earn an hourly wage, the Massachusetts Wage and Hour Laws protect you with respect to how often and how much you are paid. Sometimes, the employees of a company will find that their employer is being unfair in their payment of wages or recording of hours, prompting them to file a class action lawsuit.

There are many ways an employer may be violating the numerous laws governing wages and hours in Massachusetts. Some of the common violations include:

• Improper pooling and distribution of tips
• Paying under minimum wage
• Failure to pay wages in a timely manner
• Withholding pay for undue reasons
• Failure to disclose overtime practices or compensation
• Denial of approved vacation pay/time
• Denial of meal and personal breaks
• Operation on Massachusetts legal holidays (except for exempt businesses)

What is My Legal Recourse after a Wage & Hour Violation?

If you feel your employer is in violation of any wage or hour laws, your first step should be to contact the Massachusetts Attorney General's office to file a complaint. After the investigation, the office may file a citation against your employer to have the situation rectified. In some cases, they may issue you a private right of action so you may pursue your wages through a lawsuit.

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