YOU HAVE A RIGHT TO BE PAID
For your earned wages, overtime, and commissions
The following is a list of some general examples of where earned unpaid wage and hour disputes occur:
1. Attempting to classify the employee as an “Independent Contractor.”
What constitutes an employee is often based on whether you have performed the same type of work as the employer’s business and have performed this work solely for the employer. If you meet this criteria, you may be considered an employee and will be owed unpaid wages by the employer for your work and services.
Under Massachusetts law, there is a presumption that you are an employee. An employee’s rights in terms of treatment and payment are greater from an employer when the employee is characterized as an “employee” versus an “Independent Contractor.” If an employer tries to improperly categorize you as an “Independent Contractor” in order to lessen the standard of treatment and payment owed, the employer may be subject to penalties. Free consultation with Attorney Feener about your wage collection case: call 617-420-7700.
2. Failing to pay for earned overtime hours
As an employee you have a right to be paid for earned overtime. Both the Fair Labor Standards Act and Massachusetts law require qualified employees that work over 40 hours in a week be paid the employee’s base rate of pay for work at a rate of time and a half.
What constitutes a qualified employee is often based on whether you hold a position of authority, such as a managerial position. If you are a qualified employee, the employer is obligated to pay for your earned overtime hours and will be subject to penalties for failing to do so. Free consultation with Attorney Feener about your wage collection case: call 617-420-7700.
3. Failing to pay for earned commissions
As an employee you have a right to be paid for your earned commissions. The Massachusetts Wage Act requires an employee be paid for earned commissions when the commissions are definitively calculated. Often times, an employer may attempt to classify an employee’s earned commissions as “discretionary” under the contract in order to avoid paying the commissions altogether.
Regardless of the motive, if your employment contract requires paid commissions and you can definitively calculate the commissions owed, you are rightly owed those paid commissions by the employer. Free consultation with Attorney Feener about your wage collection case: call 617-420-7700.
Attorney Feener has successfully litigated prior wage collection cases and has recovered unpaid wages. Should you need assistance or help to collect unpaid wages and/or unpaid overtime, please do not hesitate to contact the Law Office of Feener & Wehrli LLC. The Law Office of Feener & Wehrli LLC can assist you in your unpaid wage and/or unpaid commissions claims.