Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

© 2022 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2022 ed. | 173 overtime. 1034 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. 1035 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. 1036 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 violation or violations, the monetary extent of the alleged violations, and the total monetary amount of the public contract or payroll involved.” 1037 As noted previously, employers that engage in retaliation are subject to the criminal and civil penalties listed here, and they must pay additional damages of between one and two months’ wages, as well as reasonable attorneys’ fees and costs. 1038 Massachusetts law imposes additional penalties for employers with government contracts or subcontracts that are criminally convicted of violating wage and hour laws. The Commonwealth bars these employers from entering into government contracts for any work related to the construction of public buildings or other public works for a specified period of time. 1039 Employers that commit willful violations are barred for five years from the date of conviction. 1040 1034 Id. ; s ee M.G.L. ch. 151, § 19; M.G.L. ch. 149, § 27C(b)(1). The At torney General has taken the posit ion that each pay period may also give rise to a new violat ion in cases involving first -t ime non-overt ime infract ions, despite the presence of language in the statute suggest ing otherwise. 1035 M.G.L. ch. 151, § 19(3). 1036 M.G.L. ch. 149, § 27C(b)(1)-(2). 1037 M.G.L. ch. 149, § 27C(b)(2). 1038 M.G.L. ch. 151, § 19. 1039 M.G.L. ch. 149, § 27C(a)(3). 1040 Id .