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When can employees file wage theft claims?

On Behalf of | Jan 20, 2025 | Employment Law |

Imagine working hard every day, only to discover you’re not receiving the pay you deserve. It can feel frustrating and unfair, especially if you are uncertain whether you have grounds to take legal action.  

Employees should know their legal options if they are worried about wage theft. If you are in the same boat, this blog will outline the situations where you can file a claim and fight for your rightful earnings.   

Should you file a wage theft claim?  

Unfortunately, wage theft remains a pervasive problem that affects numerous workers, particularly those engaged in freelance or contractual arrangements. Should you encounter any of the following circumstances, you may be eligible to pursue legal recourse and file a claim:  

  1. Less than minimum wage:  Every worker has the right to earn at least the minimum wage. If your employer pays you less, you may file a claim. Keep track of your pay stubs and any agreements that specify your wage.  
  2. Unpaid work hours:  Your time is valuable, and you deserve to be paid for every hour you work. State law requires eligible employees to receive overtime pay for any hours worked beyond 40 a week. You can file a complaint to recover payment if you’re missing out on this extra pay.  
  3. Employee misclassification:  Some employers mistakenly classify employees as independent contractors, which may lead to errors in providing benefits and overtime pay. You may have grounds for a wage theft claim if this happens to you.   
  4. Sick leave violations:  Massachusetts law allows workers to earn sick time. If your employer denies you this benefit or retaliates against you for using it, it’s a violation you can report.  
  5. Meal break denials:  As an employee, you should be able to take meal breaks during your workday. Denial of this benefit is another form of wage theft you can address through a claim.  

It is crucial to recognize the grounds for filing a wage theft claim, as it can have a profound impact on your finances. If you are in any of the following circumstances, do not hesitate to seek professional legal guidance and initiate the claims process.  

Know your rights as an employee  

Should you choose to take this course of action, an experienced legal professional can provide invaluable guidance. With their help, you can have a deeper understanding of the legal process and receive the support you need to face this challenge.