(Last Updated On: December 22, 2025)
Whether you are an employee or an employer in Massachusetts, it is essential to understand what the legal term “wage theft” means, the situations in which it can occur, and how it can give rise to an employment law claim. While the term might sound extreme, and you might be assuming that wage theft involves an intentional act to steal wages, the term actually refers to any type of “denial of wages or benefits that are owed to a worker,” according to the Massachusetts Attorney General’s Office. Indeed, wage theft occurs whenever a worker is not paid the full amount of wages they are owed, or whenever benefits are unlawfully denied to a worker. Wage theft can be the result of an employer’s error, and it may not be intentional. When wage theft does occur, a worker who has been affected may be eligible to file a claim under state or federal law.
What else do you need to know about wage theft claims in Massachusetts, as either an employee or an employer? Consider the following information from our Boston wage theft attorneys.
Common Reasons for Wage Theft Claims in Boston and Natick, Massachusetts
What are some of the most common ways in which wage theft occurs in Boston and Natick workplaces? The following are frequent forms of wage theft that employees and employers should be aware of:
- Minimum wage violations, meaning a failure to pay an employee at least $15.00 per hour as required by Massachusetts law;
- Unpaid overtime at a rate of 1.5 times the non-exempt employee’s regular rate of pay;
- Misclassification of an employee, either in an employee/independent contractor misclassification that can result in uncompensated benefits or in an exempt/non-exempt employee misclassification that can result in unpaid overtime;
- Unlawful deductions from an employee’s paycheck;
- Improper allocation of tips for tipped employees; and/or
- Withholding an employee’s final paycheck.
Learning More About Wage Theft Claims in Massachusetts
Wage theft is more common than you might think, and it often impacts certain classes of workers. According to the Economic Policy Institute (EPI), “young workers, women, people of color, and immigrant workers” are at greater risk of being paid less than the minimum wage or less than what they are owed.
The EPI also reports that, in the 10 most populous states in the country, “2.4 million workers lose $ billion annually” due to wage theft involving minimum wage violations alone. Employees are also often subject to overtime pay violations and misclassifications that result in a loss of owed benefits.
When Does Missing Pay or Missing Benefits Constitute Wage Theft?
If a worker is not paid properly for their work or is not provided with benefits they are owed, wage theft has likely occurred. Whether or not a wage theft case will ultimately result in a lawsuit, however, depends on the circumstances.
When an employer makes an error and fails to properly compensate a worker, it may be possible to negotiate a solution that does not involve litigation. However, if there is a dispute about whether wages or benefits are owed, or a dispute about a worker’s classification, then it may be necessary to move forward with a lawsuit.
State and Federal Wage Theft Laws in Massachusetts
Which laws specifically protect against wage theft in Massachusetts? While the specific law or laws invoked in a particular case will depend on the facts of that case, the two major laws that address wage theft are the Massachusetts Wage Act and the federal Fair Labor Standards Act (FLSA).
If you are an employee trying to determine the law that applies to your case, it is important to discuss the details with an attorney. You may need to file under either state or federal law, depending on the circumstances. And, in some cases, a law other than the Massachusetts Wage Act or the FLSA may be most relevant to your specific case.
For employers who are defending against wage theft claims, our firm routinely handles wage and hour claims under state and federal law, and we are here to answer any questions and to assist you.
Contact a Massachusetts Wage Theft Attorney Representing Clients in Boston and Natick
Wage theft claims are taken seriously in Massachusetts, and it is essential to have an experienced Massachusetts employment law attorney on your side if you are filing a claim against your employer or defending a claim brought by a current or former employee. To find out more about wage theft claims under state or federal law in Massachusetts, or to seek legal assistance with your case, you should get in touch with one of our wage theft lawyers in Boston and Natick today. Contact Rodman Employment Law to learn more about how we can assist you.
