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Claims for unpaid wages, commissions, overtime

An agreement between an employer and an employee to accept less than minimum wage is illegal

The current minimum wage in Massachusetts for non-agricultural workers and employees who do not receive tips is $11 per hour. For agricultural workers, the minimum hourly rate is $8. For tipped employees, the minimum hourly rate is $3.75.

Massachusetts law says that an agreement between an employer and an employee to work for less than the applicable minimum wage is not valid. An employer may not use such an agreement as a defense to an employee’s claim for nonpayment or underpayment of the minimum wage. An employer who violates this law is liable for mandatory triple damages, attorney’s fees and costs associated with bringing a legal claim.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464
617-969-2900

pam@pamsmithlaw.com

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