News & Analysis as of

Treble Damages Unpaid Wages

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Verrill

Massachusetts Employers Beware: Any Late Wage Payment Means Liability for Triple Damages

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Last month, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that any late payment of wages by an employer results in strict liability for treble damages under the Wage Act. Prior to this ruling,...more

Bowditch & Dewey

Wage Act Updates: Massachusetts’ Highest Court Finds Limited FLSA Preemption of Wage Act Remedies and Employers Should Prepare for...

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MASSACHUSETTS SUPREME JUDICIAL COURT RULING – GOOD NEWS FOR EMPLOYERS - It has been a busy Spring for the Massachusetts Supreme Judicial Court (SJC). On April 14, 2022, on the heels of Reuter v. City of Methuen (see our...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Faegre Drinker Biddle & Reath LLP

Massachusetts Employers Be Warned: Telling Employees “Your Wages are Coming, Your Wages are Coming” May Lead to Treble Damages

On April 4, 2022, the Massachusetts Supreme Judicial Court held, in Reuter v. City of Methuen, that employers are strictly liable for treble wages as liquidated damages if they fail to make timely payments upon an employee’s...more

Mintz - Employment Viewpoints

The Massachusetts High Court Holds That Employers Are Now Automatically Liable For Treble Wage Damages for Any Untimely Paid Final...

The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Holds That FLSA Preempts Wage Act Remedies for Federal Overtime Violations

On April 14, 2022, the Massachusetts Supreme Judicial Court (SJC) ruled that when an employee pursues and succeeds on a claim for the failure to pay overtime wages under the Fair Labor Standards Act (FLSA), the employee may...more

ArentFox Schiff

Massachusetts Highest Court Awards Treble Damages Under the Wage Act, Even After Employer Remedied Violation

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Beth Reuter was terminated from her employment with the City of Methuen (the “City”). On her termination date, the City failed to pay Ms. Reuter for her accrued, unused vacation time, as required by M. G. L. c. 149, § 148...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules Employer Must Pay Treble Damages on Late Wage Payments

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On April 4, 2022, the SJC held that employers must pay treble damages on late wage payments, even if the employee has not filed a Wage Act complaint with the Office of the Attorney General or a court before the payment is...more

Jackson Lewis P.C.

Late Pay Entitles Employees to Triple Wages Regardless of When Paid, Massachusetts High Court Holds

Jackson Lewis P.C. on

When an employer does not pay an employee earned wages within the time frames set forth in the Massachusetts Wage Act (MWA), the employee is entitled to three times the wages owed, regardless of the length of the delay or...more

WilmerHale

Massachusetts SJC Rules that Employers are Strictly Liable for Treble Damages for Delayed Wage Payments

WilmerHale on

Overturning nearly 20 years of lower-court precedent, on April 4, 2022, the Massachusetts Supreme Judicial Court (SJC) issued a landmark decision holding that an employer is strictly liable for treble damages for any late...more

Partridge Snow & Hahn LLP

Massachusetts Wage Update: SJC Overturns Years Of Precedent And Finds That Employers Must Automatically Pay Triple Damages If...

It is well known that if a Massachusetts employer terminates an employee, the employer risks being liable for three times the amount of wages owed if payment is not made on the last day of employment. A lesser known corollary...more

Bowditch & Dewey

Massachusetts Employers Are Strictly Liable for Treble Damages for Late Wage Payments

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On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held that employers are strictly liable for treble damages on late wage payments even when an employee has not yet filed suit asserting...more

Holland & Knight LLP

Massachusetts SJC Upends Existing Law, Requires Treble Damages on Late-Paid Wages

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The Massachusetts Supreme Judicial Court (SJC) on April 4, 2022, handed down a decision with major implications for Massachusetts employers accused of wage-and-hour law violations or late payment of wages. In Reuter v. City...more

Goodwin

No Safe Harbor for Late Payments to Massachusetts Employees: Pay on Time or Pay Triple

Goodwin on

On April 4, 2022, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Reuter v. City of Methuen, holding that an employer must pay treble (triple) damages if the organization is late in paying the wages of...more

BakerHostetler

Massachusetts Supreme Judicial Court Abrogates Employers’ Sole Defense to Automatic Treble Damages Liability for Late Final Wage...

BakerHostetler on

On April 4, the Massachusetts Supreme Judicial Court handed employees there yet another victory in Reuter v. City of Methuen, holding that they are automatically entitled to triple damages for any late payment of final wages...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts SJC: Employers Are Strictly Liable for Treble Damages for Late, Pre-Suit Wage Payments

On April 4, 2022, in Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court (SJC) held that employers are strictly liable for treble damages for making late wage payments, even when an employee has not yet filed...more

Jaburg Wilk

Wage Wars: Five Things Arizona Employees Should Know When an Arizona Employer Fails to Pay Wages

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Employers are legally obligated to pay employees wages for the work they perform. However, there are unfortunately circumstances in which an employer may refuse to pay their employees. There are at least five things Arizona...more

FordHarrison

New Jersey Passes the Broadest Wage Theft Law in Country With Dire Consequences for Employers

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On the heels of the broadest Pay Equity law in the country, New Jersey has just passed the broadest wage theft law in the country, which is certain to lead to increased litigation. Unwary employers may not only be facing...more

Jaburg Wilk

What If an Arizona Employer Won’t Pay Wages?

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If you are working for an Arizona employer and feel that you have not been paid all of the wages you are owed, there are several things you need to know. ...more

Bradley Arant Boult Cummings LLP

General Contractors Working in Maryland: Amend Your Subcontract Form Now - Construction and Procurement Law News, Q4 2018

A new Maryland law – Md. Code, Lab & Empl., § 3-507.2 (the “Maryland Wage Payment and Collection Law”) – makes general contractors on public and private projects in Maryland liable for unpaid subcontractor employee wages,...more

Seyfarth Shaw LLP

Massachusetts Highest Court Refuses to Award a Triple Windfall

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Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more

Mintz

Class Action Suits Against Massachusetts Car Dealers on the Rise

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Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs’ attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople across the...more

Sherman & Howard L.L.C.

AZ’s Hidden Employer Wage/Hour Gift

Much has been said about AZ Governor Ducey’s recent decision to sign into law HB 2579, which preempts local governments from enacting their own living wage or fringe benefits ordinances for private employers. But next to...more

Sherman & Howard L.L.C.

Triple Dipping Remedies

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The Tenth Circuit recently announced that employees who prove they are owed wages under both Federal and Colorado state law may be entitled to the unpaid wages, plus penalties under both statutes, possibly recovering more...more

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