In a case of first impression in which B&B Partner Eric LeBlanc represents the plaintiff, the U.S. District Court held that an employer’s payment of wages seven days after the pay period violated the Massachusetts Wage Act, G.L. c. 149, § 148. The case, Turgut v. Hitachi Rail STS USA, Inc., is a putative class action arising from an employer’s late payment of the wages of salaried employees.
LeBlanc and his co-counsel, Ilir Kavaja, argued that Hitachi violated the Wage Act by withholding employees’ wages for longer than the six days set forth in the statute. Hitachi, in response, argued that other language in the law allows wage payments within seven days for employees who earn a salary. U.S. District Judge Angel Kelley disagreed. Because the plaintiff was “employed” for a five-day week, the statute required that his wages be paid no later than six days after the end of the pay period. The consequences of this error are significant, as employees who are paid their wages late in Massachusetts are automatically entitled to treble damages.
So, YES, in Massachusetts, one day does make a difference. As Judge Kelley recognized, a one-day delay can be the difference in an employee paying their rent on time. We commend LeBlanc for his outstanding contribution to supporting Massachusetts workers.