Massachusetts Payroll Law: Lawsuits for Frequency, Final Paychecks

Attorneys working with ClassAction.org are looking into whether class action lawsuits can be filed on behalf of Massachusetts employees who may not have been paid frequently enough.

Specifically, they believe some employers may be violating Massachusetts labor laws by paying workers on a monthly or less frequent basis or by failing to give fired employees their final paychecks on the day they’re terminated.

Under Massachusetts wage laws, most employees must be paid weekly, bi-weekly or semi-monthly—except for certain salaried workers who can be paid monthly by request. Further, the state’s final pay laws state that if an employee is fired or laid off, they must be paid all wages owed on the day they are terminated. Under Massachusetts payroll laws, employees whose rights are violated could be owed three times the amount of their unpaid or late paychecks.

Were you paid monthly or less often (without requesting it) while working in Massachusetts in the past three years? Or, were you fired from your job in Massachusetts during the past three years without receiving your final paycheck on the day you were fired?

What Is the Massachusetts Payroll Law?

The Massachusetts Wage Act has specific requirements regarding payroll frequency, mandating that most employees in the state be paid at least twice a month.

Specifically, hourly employees must be paid weekly or every other week (bi-weekly). Salaried employees may be paid weekly, bi-weekly, or semi-monthly, and they may only be paid monthly if they request it.

Further, employees who work five to six days per week must receive their paychecks by six days after the pay period ends. Employees who work one to four days per week or all seven days must receive their paychecks by seven days after the pay period ends.

The employment law also states that upon termination, a worker must be issued their final paycheck on the day they are terminated. This final paycheck must include all wages owed, including any holiday or vacation pay.

Lawsuits Filed Over Pay Frequency, Final Paychecks

Several class action lawsuits have been filed over alleged violations of the Massachusetts Wage Act.

One lawsuit filed on behalf of certain Boston University graduate students claimed the school failed to pay certain student workers on time due to a “haphazard” attestation system implemented in response to a strike. Per the case, graduate student workers, who normally received weekly stipends, were required to file an attestation that they worked each week in order to receive their paychecks. However, many students who missed the deadline to submit their attestation simply did not get paid, the case said. The plaintiff claimed she was missing five stipend payments from April and May 2024 that she did not receive until July—in alleged violation of the Massachusetts Wage Act’s requirement that workers be paid weekly or bi-weekly.

Another class action lawsuit was filed by an attorney who was allegedly terminated by her employer in March 2023, effective immediately. Per the case, the company violated late paycheck laws in Massachusetts by failing to issue the plaintiff her final paycheck until nine days after she was fired.

How Could a Class Action Lawsuit Help?

A class action lawsuit could help workers get back money for any late wages they may have received.

The Massachusetts Wage Act states that workers whose rights are violated may be owed three times the amount of their late or unpaid wages.  

A lawsuit could also force the employer to change its pay practices to ensure that employees are paid on time in the future.

What You Can Do

After you get in touch, an attorney or legal representative may reach out to you directly to ask you some questions and explain how you may be able to get a class action lawsuit started on behalf of yourself and other workers. It doesn’t cost anything to fill out the form or speak with someone, and you’re not obligated to take legal action if you don’t want to.

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