Massachusetts Wage and Hour Investigations: What you need to know

Massachusetts's Department of Labor and Workforce Development and the attorney general's office (or their representatives) have the right to:
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• Enter a place of employment for any occupation (other than domestic service in the home of the employer) in order to examine, inspect, and make a transcript of any and all books, registers, payrolls, and other wage-related records;
• Require an employer to provide full and correct written statements, when necessary, of the wages paid to all employees; and
• Question any employee during work hours about the wages paid to and the hours worked by employees, with the exception of employees working in a domestic service in the employer's home (MA Gen. Laws Ch. 151 Sec. 3, MA Gen. Laws Ch. 151 Sec. 15, and MA Gen. Laws Ch. 151 Sec. 17).
Publication of violators' names. If the commissioner of the Department of Labor and Workforce Development believes that any employer is not paying a fair wage, the commissioner must give an employer 15 days' notice to explain why his or her name should not be published as having violated the state's minimum wage provisions and provide a hearing. Upon a finding that the employer has not paid the employee the full and proper amount, the commissioner may have the name of the employer published in newspapers (MA Gen. Laws Ch. 151 Sec. 11).
Violations of the state's wage laws include:
• Paying or agreeing to pay an employee less than the applicable minimum wage or overtime rate (MA Gen. Laws Ch. 151 Sec. 1B and Sec. 19);
• Discharging or discriminating against an employee who has filed or is about to file a complaint or to testify in an investigation (MA Gen. Laws Ch. 151 Sec. 19);
• Failing to keep required records or to provide those ...

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