Question: I want to pay all my employees on the 15th and the 30th of the month, but my hourly employees say I have to pay them every two weeks. Are they right?
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Answer: Yes, you may pay your exempt employee twice a month, but in Massachusetts c. 149 section 148 requires that all hourly employees are paid weekly or bi-weekly. Each employee’s wages earned must be paid within six days of the termination of the pay period during which the wages were earned, if employed for five or six days in a calendar week.
For example: If the pay period ends on the 8th day of the month, and the pay period is not until the 15th you would be paying your employees for wages earned more than six days after the pay period.
Section 148. Every person having employees in his service shall pay weekly or bi-weekly each such employee the wages earned by him to within six days of the termination of the pay period during which the wages were earned if employed for five or six days in a calendar week, or to within seven days of the termination of the pay period during which the wages were earned if such employee is employed seven days in a calendar week, or in the case of an employee who has worked for a period of less than five days.
Dave Wilson has spent over two decades litigating wage and hour, employment, real estate, maritime, and general commercial disputes in the state and federal courts of Massachusetts and New Hampshire. Dave spends a significant amount of his time acting as a business partner with his clients, counseling and training them in all areas of employment relations law. Please visit the Hirsch Roberts Weinstein LLP website for more information.