Selecting Your Complaint Form

There are two complaint forms to choose from. To prevent delays in processing your complaint, please select either the Non-Payment of Wage and Workplace Complaint Form or the Prevailing Wage Rate Complaint Form.

Read the descriptions below to determine which form is appropriate for your complaint. If you are still uncertain about which form to use, please call the Fair Labor Hotline at (617) 727-3465.

If you are filing an electronic complaint form and would like to request a private right of action (right to sue) letter that waives this 90 day period, please indicate this in the comment section of the eform.

Non-Payment of Wage Form

Most complaints are made on the Non-Payment of Wage and Workplace Complaint Form. If you were not paid for your work, or you did not receive overtime pay, the state minimum wage, earned vacation wages, your tips or a meal break, use the Non-Payment of Wage and Workplace Complaint Form.

This eform is available in English, Portuguese, and Spanish. For Chinese, please call the Fair Labor Hotline at (617) 727-3465.

Prevailing Wage Form

If you worked on a public works construction project for a city, town or state and believe that you were not paid according to the state prevailing wage law, please download and fill out the Prevailing Wage Rate Complaint Form. This eform is available in English, Portuguese and Spanish.

The Massachusetts prevailing wage laws require that employees on public works projects, except those who perform strictly supervisory functions, be paid a special minimum hourly rate set by the Division of Occupational Safety in the Department of Labor and Workforce Development (M.G.L. c.149, s. 26). If your employer did not perform construction work for a government entity, you should not use this form.

Non-Payment of Wage and Workplace Complaint Form

Queja de los Salarios Impagados

Formulário de Queixa de Não Pagamento de Salário

Prevailing Wage Rate Complaint Form

Queja del Salario Prevaleciente

Formulário de Queixa de Índice de Salário Predominante

Completing Your Complaint

Before processing your complaint, the Attorney General’s Office must receive full and complete information from you. Please complete all required fields.

You will have the opportunity to upload additional documentation to your complaint after submission. Please make certain you have attached the following information:

  • Copies of pay stubs;
  • A copy of your employer’s vacation policy, if applicable;
  • Any additional information clarifying your claim.

 

When We Receive Your Complaint

Please note that due to the large volume of complaints received by this office, we cannot pursue every complaint that is received and it may take several weeks to process your complaint. Once your complaint is received, a copy may be forwarded to your employer.

The Attorney General's Office will determine what course of action to take based on the information you provide and our own investigation. This action may include:

  • Seeking restitution of your unpaid wages;
  • Issuing a private right of action so that you may pursue your wages through a civil lawsuit;
  • Issuing a citation against your employer; or
  • Seeking criminal charges against your employer.

If the Attorney General's Office files criminal charges against your employer for violations of the labor laws, you will be subpoenaed to court as a witness for the Commonwealth. An assistant attorney general will contact you in advance of the court date to explain the court process and review the case with you.

The Attorney General's Office may issue civil citations to employers of employees in Massachusetts for violations of state payment of wage, minimum wage, overtime, prevailing wage, pay stub and record keeping, tip pooling, independent contractor, and retaliation laws. A civil citation may be mailed or hand-delivered to an employer. A citation can include an order for a business to rectify all infractions, as well as repay restitution to one or more employees. A civil penalty up to $25,000 may also be imposed.

If you wish to file your own lawsuit, 90 days after filing a complaint with this office, you may sue your employer in civil court for your wages, with the possibility of triple damages, costs and attorney's fees. You may also request written permission from the Attorney General's Office to proceed before the end of the 90-day waiting period.