Submitted by Irked on Wed, 06/22/2011 - 07:25
I work at a convenience store in Massachusetts that uses a card swipe system, like a modern time card. I usually get about 25 to 30 hours per week assigned to me. A couple of times per month probably I stay a little late to help the person coming on to replace me. So I might do things like finishing a required cleaning of the bathroom or sweeping the floor. My boss, the owner told me he doesn't want me to do that and that I should just leave and let the other person do it while on her shift. So last month by boss paid me an extra $25 above what I was scheduled to work to pay for the time I stayed late. But he said If I do it anymore he won't pay for the extra and will fire me. Can he do that under MA law? Thanks.
Payment for time worked in MA
Yes and no. Your employer can fire you for working additional hours without permission. However, he should pay you for any time that you actually work. Massachusetts law has very strong protections in place for employees, especially when it comes to payment of wages. Such as, for example, Massachusetts General Laws Chapter 149, Section 148.
Massachusetts law gives employees the right to bring private lawsuits against their employers for violation of a number laws designed to protect workers, including violations of Chapter 149, sections 27, 27F, 27G, 27H, 33E, 52D, 148, 148A, 148B, 150, 150C, 152, 152A, 159C; and chapter 151, sections 1B, 19 and 20. If you win, your employer may be ordered by the court to pay your back pay, triple damages, attorneys’ fees and other litigation costs.
Employees that are considering litigation, however, should be aware that for violations of chapter 149 and chapter 151, section 19, they must first file a complaint with the Attorney General’s Office. Realistically, if I were an employee considering a complaint and a possible lawsuit against my employer, I would contact a Massachusetts employment law attorney. Especially since the collection of attorney's fees in a possibility.