The Office of the Attorney General has both criminal and civil authority to enforce the Massachusetts wage and hour laws. The Attorney General may criminally prosecute employers or issue civil citations to employers 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 citation can include an order for an employer to rectify all infractions, as well as pay restitution to one or more employees and/or pay civil penalties.
Employers who receive a civil citation must comply by paying all fines and restitution ordered and rectifying infractions within 21 days. Those who wish to contest a civil citation must file an appeal with the Division of Administrative Law Appeals within 10 days.
Anyone failing to appeal or comply within the designated deadlines may have a tax lien attached to his or her real and personal property. Those wishing to remove a lien must contact the Department of Revenue for a calculation of the penalty and interest owing. Violators also must make full restitution to the Attorney General's Civil Citation Unit, which may be contacted at (617) 727-2200, ext. 2329. Those who fail to comply with a civil citation related to a public works project will be debarred from public works contracting for one year.