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Final paycheck law in Massachusetts: when your last wages are due

Massachusetts sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.

Statute
Mass. Gen. Laws ch. 149, §§ 148, 150
If you were fired
An employee who is discharged must be paid in full on the day of discharge (M.G.L. c. 149, § 148). Massachusetts is one of the few states that requires same-day payment.
If you resigned
An employee who leaves voluntarily must be paid in full on the next regular payday; if there is no regular payday, on the following Saturday.
If you were laid off
A layoff is treated as a discharge: payment in full on the day of the layoff.
Late-pay penalty
M.G.L. c. 149, § 150: a prevailing employee recovers the unpaid wages plus treble damages, reasonable attorney's fees and costs. Massachusetts is one of the strongest late-pay statutes in the country on the employee side.
Unused vacation
Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned.
Commissions & bonus
Commissions that have been definitely determined and are due are wages under § 148 and must be paid on the same schedule; the statute applies to commissions 'so far as apt'.
Where to file
Massachusetts Attorney General — Fair Labor Division · 617-727-3465
Small claims limit
$7,000 for an individual — District Court small claims session, up to $7,000. · court self-help
Last verified
2026-11-03 two sources agree

What Massachusetts law actually requires

An employee who is discharged must be paid in full on the day of discharge (M.G.L. c. 149, § 148). Massachusetts is one of the few states that requires same-day payment.

An employee who leaves voluntarily must be paid in full on the next regular payday; if there is no regular payday, on the following Saturday.

Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned.

Commissions that have been definitely determined and are due are wages under § 148 and must be paid on the same schedule; the statute applies to commissions 'so far as apt'.

What being late is worth

M.G.L. c. 149, § 150: a prevailing employee recovers the unpaid wages plus treble damages, reasonable attorney's fees and costs. Massachusetts is one of the strongest late-pay statutes in the country on the employee side.

On $2,000.00 of unpaid wages, a 3× provision would expose the employer to about $6,000.00 in total. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.

If they still don't pay

File with the Massachusetts Attorney General — Fair Labor Division, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Massachusetts is $7,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.

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Questions people ask about Massachusetts

When is my final paycheck due in Massachusetts?

An employee who is discharged must be paid in full on the day of discharge (M.G.L. c. 149, § 148). Massachusetts is one of the few states that requires same-day payment.

I quit — does the deadline change in Massachusetts?

An employee who leaves voluntarily must be paid in full on the next regular payday; if there is no regular payday, on the following Saturday.

Does Massachusetts require unused vacation to be paid out?

Massachusetts treats accrued, unused vacation as wages: it must be paid at separation. A policy can cap accrual going forward, but it cannot erase time already earned.

What can I do if my employer misses the deadline in Massachusetts?

Two routes: file a wage claim with the Massachusetts Attorney General — Fair Labor Division (https://www.mass.gov/orgs/fair-labor-division), or sue in small claims court where an individual's claim limit is $7,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.

Reviewed 2026-11-03 · reviewed again every 90 days.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

Other states

Michigan · Minnesota · Missouri · all states