Wage complaints, penalties and disputes in Massachusetts
What happens when pay goes wrong: how employees file, what employers face under the Wage Act, and the deadlines on both sides.
General information about Massachusetts and federal rules, checked against the official sources linked under each answer on September 24, 2026. It is not legal or tax advice.
Online with the Attorney General's Fair Labor Division. The "Non-Payment of Wage" complaint covers most problems, including minimum wage, unpaid hours, overtime, tips, sick time, meal breaks and misclassification, and it can be filed anonymously.
The Fair Labor Hotline is (617) 727-3465. The Attorney General may warn the employer, issue a civil citation, bring criminal charges, or give the employee a letter allowing them to sue.
Yes. The employee first files with the Attorney General, then can sue 90 days later, or sooner with written permission. The deadline is three years from the violation, and a winning employee is automatically awarded triple damages plus attorney's fees.
A request for permission to sue is usually answered in three to four weeks. The three-year clock pauses while the Attorney General's complaint is pending. Small claims court handles claims of $7,000 or less.
Because triple damages are mandatory. Under the Wage Act, an employee who wins must be awarded three times the unpaid or late wages, plus litigation costs and attorney's fees, and the court has no discretion to reduce that.
The same rule covers tips claims under the Tips Act. Individual owners and managing officers can also be treated as the employer.
No. Penalizing, firing or discriminating against an employee because they complained to the Attorney General or anyone else, or helped an investigation, violates the Wage Act, and the employee can sue for triple damages.
Civil citations of up to $25,000 per violation, with lower caps of $15,000 or $7,500 for first-time violations, and each pay period can count separately. A willful first offense can also bring a criminal fine of up to $25,000 or up to a year in jail.
Unpaid citations become a tax lien carrying 18% interest. The president, treasurer and managing officers of a corporation are treated as employers and can be personally liable.
Not as of our last check. The 2025 Senate wage theft bill (S.1377) was sent to a study order on December 11, 2025. The main recent changes are pay-range disclosure since October 29, 2025, EEO-1 filing with the state, and updated Attorney General tips guidance in 2026.
Write down your hours, pay dates and tips, and keep your pay stubs, schedules and any messages about pay. Then raise it with the employer if you feel able to, or file directly with the Attorney General's Fair Labor Division, which you can do anonymously.
The Fair Labor Hotline, (617) 727-3465, can explain your options. Your employer cannot legally retaliate against you for complaining.
Your restaurant remains the employer of record and approves payroll and employment decisions. BOHO is not a PEO, a staffing agency, or legal counsel. These answers describe the rules; they don’t decide how they apply to your restaurant. Headcount, entity structure and the exact facts of a shift can change the answer, so confirm anything that affects pay with the agency, an employment attorney or your tax adviser.
