Protecting Your Rights

Keep your own records of hours worked and wages paid

Keep track of your hours and your wages. This will help you figure out if your employer is following the law. If your employer is not following the law, your good records will make it much easier to enforce your legal rights.

If you get a paycheck, always keep your check stubs or a photocopy of your checks. If you are paid in cash, use a notebook. Write down:

• the dates and hours you work, and 
• the dates and amounts that you get paid.

Take action to enforce your rights

If your employer does not pay you in full and on time, take action quickly. You will have a much better chance of success.

If possible:

Do not act alone.

Try to get together with co-workers, so that your employer cannot single out one worker. Getting together in a group will show strength and support for your issue. As a group, you may also be protected against retaliation by the National Labor Relations Act.

Think about using a lawyer

A lawyer can talk or discuss your rights (negotiate) with your employer. Your lawyer can also file a private lawsuit on your behalf. If you win a private lawsuit, you can get up to 3 times the amount of unpaid wages, costs, and attorney fees as "damages".

File a complaint with the state Attorney General

If your employer breaks a law, you can file a complaint about their wage violation with the Massachusetts Office of the Attorney General. The Office of the Attorney General can ask for payment from your employer or take the employer to court.

Organize your community

You can organize with co-workers, community groups, or unions to bring pressure on your employer. Since laws do not cover all problems and legal procedures can be slow, sometimes you can get quicker or better results by using the media, consumer boycotts, pickets, and pressure from community leaders.

Organize a union

Unionized employees can negotiate a union contract that offers workers better working conditions than the general labor and employment laws.

Avoid working "under the table”

Working under the table can hurt your chances to get many benefits and services, such as:

• Bank loans, college loans, mortgages, and credit cards
• Health insurance for the unemployed
• Social security retirement and disability benefits
• Sponsorship of family immigration
• Unemployment benefits
• Workers compensation

Your employer must report your wages to the IRS, deduct your income taxes from your gross pay, and pay employer taxes. You must file your own income tax return with the IRS each year. Your filed tax return is legal proof of your income.

You can try to ask your employer to report your full income and to deduct your taxes. You can also file your own wage record with the IRS by calling 1-800-829-1040 to ask for a "substitute W-2" form.