My former employer is refusing to pay me my last 2 weeks salary because on my last day of employment I had a negative PTO balance. They actually wanted me to pay them time owed which I refused and they finally conceded.

I'm mostly certian that refusal to pay me is illegal, however, I don't know if it applies to salary exempt and/or salary non-exempt. I don't know if my job classification puts me in exempt/non-exempt.

Any help, advice or words of wisdom would be greatly appreciated.

If you have overtaken your PTO they CAN legally deduct that from your final paycheck; however, they must pay you no less than minimum wage times hours worked. The deduction, while legal, cannot take you below that.

That comes straight from the AG's office, in case you have any questions.

I'm having a hard time finding what you cite on the AG's web page. Could you give me a chapter and section of the MGL which states that.

I'm telling you what the AG's office told me when I called them about a similar situation with one of my employees.

The MA DOS issued an opinion letter in February 2003, adressing seven deduction requests and denied them all (MW-2003-003), including "cash advances, such as advances on vacation pay", IF they cause the wages to fall below minimum wage rates.

Here's a link to the opinion. http://www.mass.gov/dos/mw_docs/mw-2003-003.htm

Presumably, that is the document upon which the AG relies when it gave that advice. Either way, it should answer your question.

Hope that helps.

Phil