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View Full Version : MA-Is it legal to withhold last paycheck?


rycen
11-22-2005, 03:58 PM
How long can a employer hold a check?

Pattymd
11-23-2005, 04:18 AM
If you were discharged by the employer, you were due your final wages on your last day of work.
http://www.ago.state.ma.us/sp.cfm?pageid=1110

If you quit, your wages are not legally due until the regularly scheduled pay day for the pay period which includes your last day worked. (The same link as above; see the hyperlink for the actual law.)

bostonlawyer
11-23-2005, 04:39 AM
I agree with Pattymd. Also, MA law, c.149, sec. 148 (http://www.mass.gov/legis/laws/mgl/149-148.htm) requires that,

"any employee discharged from such employment shall be paid in full on the day of his discharge"

and by in full, they mean only with a VERY limited set of permitted deductions, like lodgings and meals (as addressed by the DOS in a 2003 opinion letter), which few employers actually deduct for. Employers can also deduct for lost merchandise, stolen cash and other calculable things, but there is limited guidance on this since a 1970s memo issued by the DOL, but they can't deduct below minimum wage.

Most employers just pay in full, because its cheaper to pay than to fight and lose.

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