Massachusetts Wage Payment Act requires Payment of Earned Wages at the time of Discharge

posted by Neil Klingshirn  |  Nov 21, 2009 09:49 AM [EST]  |  applies to Ohio

The Massachusetts Payment of Wages Act defines “wages” to include “any holiday or vacation payments due an employee under an oral or written agreement.” The Wage Act requires employers to pay current employees weekly or bi-weekly.  Employers must pay employees who resign their employment in full on the next pay day or, if there is no regular pay day, on the following Saturday. Employers must pay discharged employees their wages on the day of discharge. 

An employer cannot retaliate against an employee for enforcing his or her rights under the Payment of Wages Act. An employer may not lawfully restrict or limit an employee’s right to earned vacation payments with its vacation policy.  Electronic Data Systems Corp. v. Attorney General, No. SJC-10260, Massachusetts Supreme Judicial Court (June 11, 2009).

The Attorney General's office can seek penalties and fines of up to $25,000.00, as well as criminal sanctions. In addition, individual employees can sue their employer for violating the Act. If they win, they can seek treble damages and attorneys fees.

External Links

Links to external sites with additional information about this topic.

• Massachusetts General Laws Chapter 149, Section 148
• Massachusetts Payment of Wages Act, A Plaintiff's Perspective, by Elizabeth Rodgers and Linda Evans (2002).

posted by Neil Klingshirn  |  Nov 21, 2009 09:49 AM [EST]  |  applies to Ohio