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Attorney general continues fight against growing wage theft in Mass.

With legislation sitting on Beacon Hill for almost a decade, workers continue to battle stolen wages from their employers.

By Adora Brown

February 27, 2024

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In Massachusetts alone, workers lose up to $1 billion a year in stolen wages, according to the Massachusetts AFL-CIO.

Wage theft encompasses various aspects of receiving unfair pay. Not being paid for overtime, being paid below the minimum wage, tips being stolen, or working without breaks are just a few examples.

And Attorney General Andrea Campbell’s office has been working with state employees to counter this theft by businesses and the people running them.

Organized labor in Mass.

In a written statement last year to the Joint Committee on Labor and Workforce Development, Campbell wrote, “Massachusetts is home to a dynamic economy. Yet, many workers struggle to secure employment that pays a livable wage and bad actors take advantage of the resulting uncertainty.”

In a recent win this month, Campbell’s Fair Labor Division fined a concierge staffing company over $2.4 million for wage, sick time, and payroll violations. 

Campbell works with labor unions, like the International Union of Painters and Allied Trades District Council 35 (IUPAT DC 35), many of whom have praised her actions. 

“We are often on the frontlines of fighting against worker exploitation, so having an ally in the Attorney General who will partner with us and take action when contractors take advantage of hard-working people is crucial,” said Rodrigo Badaro, business representative for IUPAT DC 35, in a statement.

The AG’s fight

In 2023 alone, the AG’s office fielded 13,000 calls and more than 6,600 complaints related to wage theft. The Fair Labor Division helped over 10,000 workers get back $4.2 million in stolen wages, and mandated that the violators pay $9.2 million to the General Fund in penalties. 

But some believe the attorney general’s office isn’t able to do enough. According to the American Federation of Labor and Congress of Industrial Organizations, Campbell is only able to address about 1% of the stolen wages in Massachusetts. 

Organizations and lawmakers are actively working to pass legislation that would provide the attorney general with more power to address the issue. 

On Beacon Hill

There are two bills currently in circulation that would provide the AG’s office with greater power to halt wage theft upon investigation.

In the Senate, the bill was presented by state Sen. Sal DiDomenico, who has been fighting for greater solutions to wage theft in the state for about 10 years. 

“We’ve been filing this for several sessions, the problem is only getting worse,” he said. 

When the senator first presented the bill, wage theft in Mass. totaled $300 million. Now, it is estimated to be $1 billion.

The new bill would provide the AG with the power to file directly in court and file stop work orders when wage theft is being investigated. Plus, harmed employees would be better protected against retaliation and provided with actionable steps to get to court. 

According to DiDomenico, “We don’t even know the full breadth of the issue. It could be even higher, because people are not coming forward out of fear.”

Contractors would also be held accountable by the new legislation, making them responsible for actions by their direct subcontractors as well. DiDomenico hopes the implementation of the bill would level the playing field for the “good guys” who are actively trying to pay fair wages. 

“I’m not sure why people think that we shouldn’t have protections in place to give people the wages that they deserve, that were agreed upon, that they earned. I am a little perplexed by any pushback on this,” DiDomenico said. 

However, both the House and Senate bills are still in the Joint Committee on Labor and Workforce Development.

The AG’s office continues to hold free wage theft clinics across the state, providing a space where workers can ask questions and take next steps if necessary.