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although the total for the pay period is less than 80, that

employee (if not exempt) should still be paid at an

overtime rate for the extra 10 hours in the second week.

C. The Massachusetts Wage Act

What many people may not realize is that, in

Massachusetts, if an employee files a lawsuit based on

nonpayment of wages or salary and prevails, it is

mandatory that the court award them three times the

amount owed and order the employer to pay their legal

fees. Please read that again-it is important. There is no

“good faith” or “innocent mistake” defense to a Wage

Act claim.

On top of that, the Wage Act states that: “No

person shall by a special contract with an employee or by

any other means exempt himself from the Wage Act.”

Translated: an employer has to follow the wage laws,

47| Rules of the Road