You have 2 resources if you are not paid according to the law:
- the Massachusetts Attorney General’s office, and
- the U.S. Department of Labor.
It is illegal for any employer to punish an employee for making a complaint to either the Massachusetts Attorney General's office or the U.S. Department of Labor.
Massachusetts Attorney General
When you file with the Attorney General’s office, your employer will learn you made a complaint. That does not mean your employer is allowed to retaliate (get back at you) in any way.
See the Attorney General’s Fair Labor Division website.
U.S. Department of Labor
The Department of Labor (DOL) enforces federal minimum wage and overtime laws. Many people prefer going to the DOL because the DOL does not tell your employer you made a complaint. Your complaint is “anonymous.” You may feel more comfortable working for your employer if they do not know you complained. Many people will report violations while they continue to work for their employer.
See the DOL Wage and Hour Division website.
Who can go to the Department of Labor?
Anyone who feels they were not paid correctly can call the DOL. But the DOL cannot help all workers. Usually the DOL can only investigate for workers that work for companies that:
- have 50 workers or more, or
- have offices or do business in more than one state.
Do I get federal minimum wage or state minimum wage when I go to the Department of Labor?
If the DOL finds that you are owed minimum wage and overtime, they will make your employer pay the Massachusetts $15.00/hour minimum wage.