Time keeps on slippin', slippin', slippin' out of my paycheck

The Massachusetts Wage Act, also referred to as the "Weekly Wage Law," requires employers to timely pay employees their wages and provides significant protections to those whose rights have been violated. Claims under the Wage Act are especially concerning for Massachusetts employers because employees are entitled to triple damages and attorneys' fees and costs if they are successful. While most of you are familiar with that portion of the Wage Act, you also should remember that the law prohibits you from taking adverse action against an employee because he has made a wage-related complaint. A recent Massachusetts Superior Court case serves as a good reminder of that.

HR director uncovers 'time shaving'

The Edgar P. Benjamin Healthcare Center (EBHC) hired Goret Johnson as its new HR director in January 2016. During her time at EBHC, the company used a third-party vendor, ADP, and a biometric time clock to process payroll and track the working time of its nursing staff and nonexempt employees. According to Johnson, immediately after she was hired, she began receiving complaints from employees that they weren't being paid for all the time they had worked. Some employees even provided printouts of their time clock punches to support their claims.

Johnson reported the employees' complaints to Tobbie Marshall, EBHC's head of payroll, and Tony Francis, the CEO, and requested that they be paid what they were purportedly owed. EBHC paid the employees the additional wages they were owed, but Marshall informed Johnson each time an error had occurred during payroll processing or the employee hadn't punched in or out correctly.