A Massachusetts Superior Court decision from earlier this year serves as a poignant reminder to employers: the Massachusetts Wage Act (the Wage Act or the Act) may apply to employees who live and work out of state...

A Massachusetts Superior Court decision from earlier this year serves as a poignant reminder to employers: the Massachusetts Wage Act (the Wage Act or the Act) may apply to employees who live and work out of state — so long as Massachusetts has the most significant relationship to the employment.

By way of background, the Wage Act, known for its strict requirements and potential treble damages for violations, is not limited by state borders. When deciding whether the Act applies to an out-of-state employee, courts consider several factors, including:

1. The location of the employer's headquarters;
2. Where the employee performed their work;
3. The frequency and nature of the employee's interactions with the employer in Massachusetts;
4. Whether another state has a more substantial connection to the work performed; and
5. Any choice-of-law provision in the employment agreement.

In its May 2025 decision in Dubois v. Staples, the Massachusetts Superior Court took an expansive view of these requirements, holding that the Wage Act applied to an out-of-state remote employee — even though the employee:

• Lived and worked in Rhode Island;
• Used a Rhode Island address and phone number for work;
• Received wages in a Rhode Island bank account;
• Paid income taxes in Rhode Island;
• Claimed...

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