Selecting Your Complaint Form
If you are filing an online complaint form and would like to request a private right of action (right to sue) letter allowing you to file a private lawsuit sooner than 90 days after filing your complaint, please indicate this in the comment section of the eform.
Non-Payment of Wage Form and Workplace Complaint Form
Most wage and hour complaints are made on the Non-Payment of Wage and Workplace Complaint Form. If you were not paid for your work, or if you did not receive overtime pay, the state minimum wage, earned vacation wages, your tips or a meal break, for instance, use the Non-Payment of Wage and Workplace Complaint Form.
If you believe that your employer has discriminated against you based on your sex by paying you less than employees of the opposite sex who perform the same or comparable work, you may use the Non-Payment of Wage and Workplace Complaint Form. Please check “Other” as the reason you are filing a complaint and include an explanation. Alternatively, you may file a Civil Rights Complaint.
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 apublic works construction project or on other work subject to prevailing wages and believe that you were not paid the proper prevailing wage, please fill out the Prevailing Wage Complaint Form. This eform is available in English, Portuguese and Spanish.
The Massachusetts prevailing wage laws require that employees on public works construction projects or who perform certain other kinds of labor related to public works or services contracted by a public entity, except those who perform strictly supervisory functions, be paid a special minimum hourly rate set by the Department of Labor Standards in the Executive Office of Labor and Workforce Development (M.G.L. c.149, s. 26-27H.)
Completing Your Complaint
Before processing your complaint, the Attorney General’s Office must receive as full and complete information from you as possible. 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, if available:
- 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, it may take several weeks to process your complaint and determine whether to open an investigation. We cannot investigate every complaint we receive. If we do investigate your complaint, a copy may be forwarded to your employer. After investigation, 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 (your unpaid wages) from your employer;
- Issuing a private right of action letter to you so that you may pursue your unpaid wages and other damages through a civil lawsuit against your employer;
- Issuing a civil citation against your employer, ordering your employer to pay restitution and penalties.
- Seeking criminal charges against your employer.
If the Attorney General's Office files criminal charges against your employer for violations of the wage and hour laws, you may 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 for violations of the wage and hour laws in Massachusetts, including but not limited to those concerning the payment of wages, the minimum wage, overtime, prevailing wages, pay stubs and record keeping, tip pooling, independent contractor misclassification, and retaliation. A citation can order a business to rectify all infractions, as well as pay restitution to one or more employees. A civil penalty may also be imposed.
If you wish to file your own lawsuit, you have the right to do so 90 days after having filed a complaint with this office. If you prevail, you are entitled to recover treble damages (meaning three times the amount of wages you are owed), litigation costs and attorneys’ fees. You may also request written permission from the Attorney General's Office to proceed before the end of the 90-day waiting period.