WAGE AND HOUR DEMAND LETTER
Commonwealth of Massachusetts
Massachusetts Wage Act and Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Massachusetts ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Massachusetts Board of Bar Overseers Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if class action contemplated]
Demand for Unpaid Wages Under Massachusetts Wage Act and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO M.R.E. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Massachusetts Wage Act, M.G.L. c. 149, Sections 148-150, the Massachusetts Minimum Fair Wage Law, M.G.L. c. 151, and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. MASSACHUSETTS-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Massachusetts has one of the most employee-protective wage and hour frameworks in the nation, providing mandatory treble damages for all wage violations. The Massachusetts Wage Act is strictly construed in favor of employees.
Key Legal Framework:
| Category | Massachusetts Requirement | Citation |
|---|---|---|
| Minimum Wage | $15.00/hour (2024) | M.G.L. c. 151, Section 1 |
| Tipped Minimum | $6.75/hour (with tip credit) | M.G.L. c. 151, Section 7 |
| Overtime | 1.5x regular rate after 40 hours/week | M.G.L. c. 151, Section 1A |
| Sunday/Holiday Premium | Phased out as of January 1, 2023 | M.G.L. c. 136, Section 6 |
| Treble Damages | Mandatory for all wage violations | M.G.L. c. 149, Section 150 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Massachusetts Wage Act | 3 years | M.G.L. c. 260, Section 5A |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Breach of Contract | 6 years | M.G.L. c. 260, Section 2 |
C. Massachusetts Wage Payment Requirements
Payment Timing Requirements (M.G.L. c. 149, Section 148):
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | Weekly or bi-weekly | M.G.L. c. 149, Section 148 |
| Involuntary termination | Same day as termination | M.G.L. c. 149, Section 148 |
| Voluntary resignation | Next regular payday | M.G.L. c. 149, Section 148 |
| Vacation pay | Due on termination if earned | M.G.L. c. 149, Section 148 |
| Commissions | Per written agreement terms | M.G.L. c. 149, Section 148 |
Payroll Deductions:
- No deductions without written authorization from employee
- Deductions cannot reduce wages below minimum wage
- Employers cannot deduct for cash shortages, breakage, or losses
D. Enforcement Mechanisms
Administrative:
- Massachusetts Attorney General's Fair Labor Division
- File complaint at mass.gov/ago/fairlabor
- Investigation authority under M.G.L. c. 149, Section 150
Private Right of Action (M.G.L. c. 149, Section 150):
- Direct lawsuit in Superior Court or District Court
- Mandatory treble damages - court has no discretion to reduce
- Reasonable attorney's fees and costs
- Class action mechanism available under Mass. R. Civ. P. 23
E. Massachusetts Tip Credit Rules
| Requirement | Standard | Citation |
|---|---|---|
| Cash wage minimum | $6.75/hour | M.G.L. c. 151, Section 7 |
| Tip credit maximum | $8.25/hour | M.G.L. c. 151, Section 7 |
| Total must equal | $15.00/hour minimum | M.G.L. c. 151, Section 1 |
| Tip pooling | Valid only among service employees | M.G.L. c. 149, Section 152A |
| Employer/manager tip retention | Strictly prohibited | M.G.L. c. 149, Section 152A |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Massachusetts. During this employment, [Company Short Name] violated Massachusetts wage laws by:
[ ] Failing to pay the Massachusetts minimum wage of $15.00 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay all wages on time in violation of M.G.L. c. 149, Section 148
[ ] Failing to pay final wages upon termination as required by law
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
[ ] Failure to provide proper wage statements
Under the Massachusetts Wage Act, our client is entitled to mandatory treble damages for these violations.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Massachusetts] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, late payment, etc.]
IV. LEGAL ANALYSIS
A. Massachusetts Wage Act Violations
1. Strict Liability Standard
The Massachusetts Wage Act imposes strict liability on employers for wage violations. Wiedmann v. The Bradford Group, Inc., 444 Mass. 698 (2005). An employer cannot avoid liability by claiming good faith or reliance on legal advice.
2. Mandatory Treble Damages
Under M.G.L. c. 149, Section 150, courts must award treble damages for wage violations. The court has no discretion to reduce this award. Klawunn v. Consolidated Theatres, Inc., 30 Mass. App. Ct. 406 (1991).
B. Minimum Wage Violation (M.G.L. c. 151, Section 1)
Massachusetts requires employers to pay at least $15.00 per hour. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
C. Overtime Violation (M.G.L. c. 151, Section 1A)
Massachusetts requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Timely Payment Violation (M.G.L. c. 149, Section 148)
[Company Short Name] failed to pay wages in a timely manner by [describe specific violation - late regular payments, failure to pay on termination, etc.].
E. FLSA Coverage
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Individual Coverage
Alternatively, our client was individually engaged in interstate commerce.
V. DAMAGES CALCULATION
A. Massachusetts Wage Act Damages
Relevant Period: [Start Date - 3 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Massachusetts Wage Act - Unpaid Wages | $[Amount] |
| Mandatory Treble Damages (3x) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Class Action Exposure
If this case proceeds as a class action under Mass. R. Civ. P. 23:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Treble Damages (3x) | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Treble damages as mandated by M.G.L. c. 149, Section 150
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Massachusetts Superior Court, [County] Division
[ ] United States District Court for the District of Massachusetts
The Complaint will seek:
1. Unpaid wages under M.G.L. c. 149, Section 148
2. Unpaid overtime under M.G.L. c. 151, Section 1A
3. Mandatory treble damages under M.G.L. c. 149, Section 150
4. Attorney's fees and costs under M.G.L. c. 149, Section 150
5. FLSA claims for unpaid minimum wage and overtime
6. FLSA liquidated damages under 29 U.S.C. Section 216(b)
7. Class certification under Mass. R. Civ. P. 23
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior AG investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Massachusetts Rule of Evidence 408 and applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Massachusetts BBO No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
MASSACHUSETTS-SPECIFIC PRACTICE NOTES
[ ] Mandatory Treble Damages: M.G.L. c. 149, Section 150 requires courts to award triple damages; no discretion to reduce
[ ] Strict Liability: Employers are strictly liable for wage violations; good faith is not a defense (Wiedmann v. Bradford Group)
[ ] Same-Day Final Pay: Terminated employees must receive final wages on their last day of work
[ ] Vacation Pay: Earned vacation time must be paid upon termination; "use it or lose it" policies are unenforceable
[ ] Tips: Managers and employers cannot retain any portion of tips; service charges must be distributed to wait staff
[ ] AG Enforcement: Massachusetts Attorney General's Fair Labor Division actively investigates wage claims
- Website: mass.gov/ago/fairlabor
- Phone: (617) 727-3465
[ ] Joint Employment: Massachusetts recognizes broad joint employer liability
[ ] Independent Contractor Test: Massachusetts uses strict ABC test under M.G.L. c. 149, Section 148B
[ ] Retaliation: M.G.L. c. 149, Section 148A prohibits retaliation for wage complaints
[ ] Court Venue:
- Superior Court: Unlimited jurisdiction; recommended for larger claims
- District Court: Up to $50,000
- Federal Court: FLSA claims or diversity jurisdiction