© 2025 Seyfarth Shaw LLP Massachusetts Wage & Hour Peculiarities, 2025 ed. | 167 Statutes of Limitations in Massachusetts Offense with a Private Right of Action Statute of Limitations Overtime pay violations (M.G.L. ch. 151, § 1A) Minimum wage violations (M.G.L. ch. 151, § 1) For claims arising prior to Nov. 18, 2014: 2 years For claims arising on or after Nov. 18, 2014: 3 years1017 Nonpayment of wages (M.G.L. ch. 149, § 148) Tip Statute violations (M.G.L. ch. 149, § 152A) Independent Contractor Statute violations (M.G.L. ch. 149, § 148B) Violation of Earned Sick Time Law (M.G.L. ch. 149, § 148C) Improper expenditure of withholdings (M.G.L. ch. 149, § 150C) Improper deductions for tardiness or transportation services (M.G.L. ch. 149, § 152) Retaliation (M.G.L. ch. 149, § 148A) 3 years1018 A. Procedure for Filing a Complaint with the Office of the Massachusetts Attorney General If an employee has a claim for unpaid wages—including nonpayment of wages, earned vacation wages, tips, or meal breaks—an employee may file a complaint with the Fair Labor Division of the Attorney General’s Office.1019 To file a complaint with the Office of the Attorney General, an employee must complete a complaint form.1020 The complaint form must include the following information: the employer’s name and complete address; the type of work performed; the employee’s rate of pay; the reason(s) for the complaint; the amount of wages owed; the dates of work for which the employee is owed wages; and details regarding the complaint.1021 The employee may bring a private action against the employer ninety days after complaining to the Attorney General.1022 The employee may sue sooner if he or she receives written permission 1017 M.G.L. ch. 151, § 20A. In 2012, the SJC held that employees can recover unpaid overtime beyond the two-year statute of limitations under the nonpayment of wages statute, but recovery was limited to straight-time pay. See Crocker v. Townsend Oil Co., 464 Mass. 1, 3 (2012). In response to that decision, in 2014, the statute of limitations for overtime claims was extended to three years. See An Act Restoring the Minimum Wage and Providing Unemployment Insurance Reforms, Chapter 144 of the Acts of 2014. 1018 M.G.L. ch. 149, § 150. 1019 Office of the Massachusetts Attorney General, File a Workplace Complaint, available at https://www.mass.gov/how-to/file-aworkplace-complaint (last visited Mar. 6, 2025). 1020 Id. 1021Id. 1022 M.G.L. ch. 149, § 150.
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