Massachusetts college sued for reportedly paying employees late: ‘Withholding of millions of dollars in wages’

It’s quickly becoming one of the most popular class action lawsuits in Massachusetts — suing schools for late payroll.

Yet another local college is facing a suit for reportedly paying employees only once a month, as workers claim that Curry College’s policies led to the “withholding of millions of dollars in wages.” The class action suit is seeking more than $5 million from the private university in Milton.

This federal lawsuit comes after employees recently filed suits against Boston University, Amherst College and Harvard University.

The lawsuits focus on the Massachusetts Wage Act, which requires employees to be paid within six days of the end of a pay period.

Curry College has allegedly been paying some employees on the first of each month for work performed during the previous month.

“Defendant’s illegal wage policy and/or practice have resulted in wages being paid late and in the withholding of millions of dollars in wages, causing harm to Plaintiffs and other similarly situated employees,” reads the lawsuit against Curry College.

The class action suit is being brought by Emily MacIntyre, who was an associate professor at Curry College from August 2014 until December 2022, and Keith Fitts who has been teaching courses at Curry since the fall of 2020.

The lawsuit revolves around the payment for associate lecturers and lecturers, as well as for those who teach overload courses.

“Throughout the Class Period, Defendant has maintained a policy and/or practice of paying earnings to Associate Lecturers and Lecturers as well as compensation for overload courses to Senior Lecturers and full-time faculty teaching overload courses, on the first of each month for the work performed during the previous month or even the month before that,” the lawsuit reads.

“Specifically, fall semester classes begin at the end of August and run through the end of December,” the suit adds. “However, pursuant to its policy and/or practice, Defendant does not issue the first monthly paycheck under overload and one semester contracts for fall courses until October 1. The subsequent three, monthly paychecks are then issued on November 1, December 1, and January 1 of the following year. Thus, each paycheck is paid late.”

They claim that they never elected to be paid on a monthly basis.

Curry College, which has its main campus in Milton and its satellite campus in Plymouth, employs about 500 full-time and part-time faculty.

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“Curry College is aware of the complaint,” a college spokesperson said in a statement. “It is the College’s policy not to make specific comments on pending litigation.”

Violators of the Massachusetts Wage Act are required to pay the employees three times their unpaid and/or late paid wages, according to the lawsuit.

The plaintiffs are seeking that the court: “Award Plaintiffs and Class Members statutory damages in the amount equal to three times their unpaid and/or late paid wages, as liquidated damages, costs of the litigation and reasonable attorneys’ fees… award Plaintiffs and the Class all pre-judgment and post-judgment interest… issue a permanent injunction prohibiting Defendant from continuing its unlawful pay practices.”

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