Reminder: New Massachusetts Law Mandating Treble Damages in Wage-Hour Cases Effective July 13, 2008

written by James W. Bucking

The Labor & Employment Bulletin of April 15, 2008 announced that Massachusetts had passed a new law mandating treble damages in wage-hour cases. That law officially took effect on July 13, 2008. This is only the latest in a wave of legislative and regulatory changes that I have referred to as the criminalization of human resources practice. Other penalties for violating wage-hour laws include reimbursement of the employee’s attorneys fees and costs, significant fines and even prison terms for serious infractions. The new law also reflects the growing trend toward strict liability in wage-hour matters: willful and non-willful violations are treated equally.

It is more important than ever for your key HR, legal and business managers to understand the wage-hour laws. Now even inadvertent violations can lead to draconian penalties. This is particularly problematic in the wage-hour context because these laws are often non-intuitive and highly technical. The Foley Hoag eBook, Massachusetts Wage and Hour Laws: What Every Manager Should Know, provides a basic overview of those laws in a format designed to be understood by non-lawyers. I hope you find it useful as a means of disseminating knowledge across your organization on these important laws.