© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 169 individuals pled guilty in connection with a wage theft scheme in which commercial laundry workers were not paid minimum wage or overtime and were intimidated and threatened during an investigation by the Office of the Attorney General.1029 D. Civil Penalties Imposed by the Attorney General The Attorney General may issue a written warning or a civil citation in lieu of initiating criminal proceedings.1030 Each failure to pay an employee the appropriate amount in a given pay period may be considered a new violation and receive a separate citation, at least in cases in which the employer has previously received a citation or where the citation results from a failure to pay overtime.1031 If an employer fails to keep accurate payroll records or refuses to furnish those records to the Attorney General upon demand, each day of failure or delay is a separate offense.1032 As a practical matter, employers that correct errors expeditiously and keep better records will minimize their liability. The amount of a civil fine depends on whether the employer specifically intended to commit the violation, and whether the incident was a first offense.1033 The maximum civil and criminal penalties for wage and hour violations appear in the following table. These penalties do not include any damages or remedies that a court may order if a case proceeds to trial in a civil action. Maximum Penalties for Wage and Hour Violations in Massachusetts Penalties Willful/Intentional Offenses Non-Willful/Non-Intentional Offenses First Offense Subsequent Offense First Offense Subsequent Offense Civil Fines $15,000 $25,000 $7,500 $25,000 Criminal Fines $25,000 $50,000 $10,000 $25,000 Imprisonment 1 year 2 years 6 months 1 year Within these ranges, the Attorney General has discretion in setting the amount of a civil fine, taking into account the following factors: “the number of employees affected by the present motive or his reckless indifference to the rights of others.” Wiedmann, 444 Mass. at 710 (internal quotations and citations omitted). 1029 Office of Massachusetts Attorney General Press Release, Temp Company Owners Plead Guilty to Wage Theft, Intimidation and Retaliation, available at https://www.mass.gov/news/temp-company-owners-plead-guilty-to-wage-theft-intimidation-andretaliation-against-warehouse-workers (last visited Mar. 6, 2025). 1030 M.G.L. ch. 149, § 27C(b)(1). 1031 Id.; see M.G.L. ch. 151, § 19; M.G.L. ch. 149, § 27C(b)(1). The Attorney General has taken the position that each pay period may also give rise to a new violation in cases involving first-time non-overtime infractions, despite the presence of language in the statute suggesting otherwise. 1032 M.G.L. ch. 151, § 19(3). 1033 M.G.L. ch. 149, § 27C(b)(1)-(2).
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