A: Anyone who works for an employer in the city of Boston can file a complaint, regardless of immigration status.
A: Wage theft can take many forms. You are a victim of wage theft if your employer:
- fails to pay you the agreed-upon rate for your labor
- fails to pay you the minimum $14.25 per hour required by law (except for tipped employees and agricultural workers)
- withholds or distributes tips unfairly
- fails to provide agreed-upon paid vacation or severance pay
- fails to pay “time-and-a-half” (your hourly rate plus 50%) for overtime hours worked in excess of 40 a week (with a few exceptions)
- fails to provide earned sick time
- mis-classifies you as an independent contractor if you legally qualify as an employee entitled to unemployment and tax benefits
- is a retailer with at least 8 employees and fails to pay “time-and-a-half” for work on Sundays (with several exceptions)
A: No. When you file a wage theft complaint, we will not ask for photo identification, citizenship documents, or for any information regarding your immigration status. We will not report your status to any other government agency. Our only concern is that employers are held accountable for fairly compensating all workers.
A: We will NOT notify your employer of your complaint without your express permission. However, in order to further your case to the Boston Licensing Board and seek restitution, you will need to authorize that notification.
A: We’ll try. By bringing your complaint to the Boston Licensing Board, which has the authority to renew or revoke essential business licenses, we hope to put enough pressure on negligent employers that they will find it in their best interest to resolve the matter voluntarily by paying any back wages that are due.
A: There are three direct legal routes available to victims of wage theft. You may file a complaint with the Massachusetts Attorney General’s Office, which enforces the state’s wage and hour laws and/or file a complaint with the U.S. Department of Labor, which enforces federal wage and labor laws. You can also hire a lawyer and bring civil action against your employer.