Payment of Bonuses and Commissions Under the Massachusetts Wage Act
Employment Lawyer Representing Employees in Unpaid Bonus and Unpaid Commission Cases in Springfield, Worcester, Lowell, Fall River, New Bedford, Barnstable, and Pittsfield
Over the past 14 years employment attorney Benjamin Steffans has handled a number of cases involving unpaid bonuses and commissions. We’ve represented employees across Massachusetts in recovering bonuses and commissions they are owed. During that time, we’ve talked to countless Massachusetts employees in numerous industries regarding payment of commissions and bonuses. As a result, we have a good handle on the questions that employees are most likely to ask when they confront concerns over payment of bonuses and commissions.
Strong Massachusetts laws protect your right to commission. If your employer is not paying you the commissions you are owed contact us to schedule a free consultation. At Steffans Legal, initial consultations with our employment attorney are always free.
Frequently Asked Questions Regarding Unpaid Bonus and Commission Claims in Massachusetts
What’s the difference between a bonus and commission under the Massachusetts Wage Act?
According to the Massachusetts Wage Act, commissions are payments related to employee performance that have been definitely determined and due and payable. M.G.L. ch. 149 §148. Payments that do not meet that criteria are not commissions and are not subject to the protection of the Massachusetts Wage Act. Incentive-based payments that fall outside the scope of the Massachusetts Wage Act are likely bonuses.
If my special payment is called a bonus, can it still be a commission?
Yes. Under Massachusetts law, labels like ‘bonus’ do not foreclose a payment from actually being a commission. In fact, Massachusetts courts frequently hold that special payments are commission, despite being labeled by the employer as a ‘bonus,’ because they are definitely determined and due and payable.
Am I entitled to my bonus payment under the Massachusetts Wage Act?
Maybe, as long as all conditions on its payment have been met, the amount can be definitely determined, and the amount has become due and payable. Language in a bonus agreement that makes payment contingent upon company profitability may impact whether your employer has to pay the bonus.
Am I entitled to my commission payment under the Massachusetts Wage Act?
Yes, according to the Massachusetts Wage Act, so long as all conditions on its payment have been met, the amount can be definitely determined, and the amount has become due and payable. Massachusetts courts are protective of commissions. If you believe you are owed a commission, contact us today to protect your rights.
My employer owes me commission and/or bonus payments what should I do?
That’s easy. You should contact a Massachusetts employment attorney to commence legal action to recover the wages you are owed. You work hard for your money. Laws exist to make sure you get what you are owed. Delaying doesn’t help. In fact, it may hurt and result in you not being able to bring your claim.
What damages can I recover if I bring an unpaid commission or bonus claim against my Massachusetts employer?
Compensation equal to three times what you are owed, plus interest, and attorneys’ fees. This is a valuable set of remedies and puts you in a position of strength if you take action. Employment lawyer Ben Steffans has successfully represented multiple individuals who were unlawfully denied their bonus or commission. Contact us today to speak with an employment attorney and learn more about your rights to your earned bonuses and commissions in Massachusetts.
“Ben Steffans represented me with an employment issue: trying to return to work after brain surgery. What impressed me most about Ben Steffans is his ability and passion to hold his client as a human being and not an hourly income or commodity. Ben Steffans put a great deal of thought into the merits of my case and presented me with various possible outcomes. That in itself was impressive and showed what a strategic and thorough lawyer he is. But Ben Steffans goes way beyond that. He willingly shares his compassion and lets you know that foremost, you are a human being in need of an advocate, during a very stressful time, and that he offers you a real human behind the lawyer. Ben Steffans is a great mentor to the profession of law. I come from a long line of attorneys and know this inside out. Ben Steffans was a real honor to work with and to have the privilege to meet.”
