Where an employer has been cited for failing to make timely payment of wages to an employee, the citation should be upheld based on evidence that the employer did not comply with the seven-day period mandated by the Wage Act.
“… The citation called for restitution to the affected employee, which the employer had previously paid in full, and imposed a civil penalty of $250.00 for the untimely payment of wages. …
“The pay period at issue terminated on July 17, 2021. The petitioners were therefore required to pay [Brianne] Lambert her wages earned during that period no later than July 24, 2021 (i.e., seven days after the termination of the pay period). Her check was mailed to an invalid address, however, and she did not receive a replacement check until months later, in January 2022. ISSM had issued a prior replacement check at the end pf August 2021 for Ms. Lambert to pick up at its Leominster office. Assuming that is sufficient to constitute ‘payment,’ it was also made beyond the seven-day period required for payment of wages under the statute. The petitioners, therefore, did not pay Ms. Lambert the wages she earned during that pay period within the time required by the Wage Act, under G.L.c. 149, §148. …
“… The $250.00 penalty assessed appears reasonable for the violation ai issue, and the petitioners did not present evidence that would indicate that this minimal penalty was excessive. There was no error in assessing this penalty.”
ISSM Protective Services, Inc., et al. v....
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