Paul Peter Nicolai
Wage Act Damages & Fees
Updated: Mar 13
An employer failed to pay $8,952.15 in accrued vacation pay when it discharged an employee. It paid the accrued vacation pay three weeks later. Afterward, a lawyer wrote demanding the late payment, and the employer paid an additional $185.42 in interest.
A suit was filed, and the court awarded about $75,000 in attorney fees. On appeal, the Massachusetts supreme court ruled that any failure to pay wages required a tripling of the wages owed. The result was that the $8,952.15 tripled to $26,856.45 plus $75,695.76 for attorney fees to a total award of $101,552.21.
Why This Is Important…Failing to pay wages on time and in total mandates triple damages, interest at 12%, and reasonable attorney fees. The Massachusetts supreme court has left no discretion to lower the number.