AGO Fair Labor Division: primary state wage enforcement.
The Massachusetts Attorney General's Fair Labor Division is the primary state wage enforcement agency. It investigates and prosecutes violations of: the Wage Act (MGL c. 149 § 148), overtime (§ 1A), Earned Sick Time (§ 148C), prevailing wage on public construction, and independent contractor misclassification under the ABC test (§ 148B) — one of the strictest IC tests in the country. Workers must file a complaint with the AGO before bringing a private suit, with a 90-day waiting period (or sooner with AGO consent). The 3-year statute of limitations runs from the violation date. Civil penalties, restitution, and § 150 mandatory treble damages stack across enforcement routes.
AGO Compliance Workflow
Tracks AGO complaint exposure across all wage compliance categories. Documents ABC test compliance for independent contractors. Routes 90-day pre-suit notices and complaint communications.
What those rules do across MA wage compliance.
The hero card configuration: Flag on ABC test documentation, Critical on complaint timelines.
When an independent contractor is engaged, Teambridge surfaces a Flag requiring documentation of the three-prong ABC test: (A) free from control, (B) outside usual course of business, (C) independent trade. All three must be satisfied; failing any prong = employee status.
When the AGO issues a complaint or a worker files a pre-suit notice, Teambridge tracks the 90-day waiting period and surfaces a Critical with response deadlines, settlement-window analysis, and exposure aggregation.
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AGO-first complaint, ABC test for IC, 3-year SOL.
MA's AGO Fair Labor Division enforcement plus the ABC test plus § 150 treble damages plus the strictest IC-misclassification rules in the country combine to create one of the most aggressive enforcement environments.
AGO Fair Labor Division as primary enforcement
The AGO Fair Labor Division receives, investigates, and prosecutes wage law violations across all MA categories: regular wages, OT, ESL, PFML, prevailing wage on public construction, IC misclassification, retaliation. The Division has subpoena power, can issue civil citations, and can refer to the AGO for criminal prosecution in willful cases. Roughly 5,000-7,000 wage complaints reach the Division annually.
ABC test for IC misclassification
Massachusetts MGL c. 149 § 148B applies the three-prong ABC test — one of the strictest in the country: (A) the individual is free from control and direction; (B) the service is performed outside the usual course of business; (C) the individual is customarily engaged in independently established trade, occupation, profession, or business of the same nature. ALL three prongs must be satisfied; failing any prong = employee status. The 'B' prong is particularly stringent — many states allow IC arrangements for work core to the business, but MA does not.
Teambridge documents compliance and tracks complaint exposure.
AGO enforcement plus the ABC test plus mandatory treble damages combine to make documentation discipline essential. Records that demonstrate good-faith compliance reduce penalty exposure even though they don't escape § 150 multiplier.
ABC test documented at start.
When an independent contractor is engaged, Teambridge requires three-prong ABC test documentation: control, course-of-business analysis, independent trade evidence. Without complete documentation, engagement defaults to employee classification.
All wage categories tracked.
The dashboard aggregates exposure across AGO-investigable categories: regular wages, OT, ESL, vacation pay-outs, tipped reconciliation, pay frequency, wage statements, IC classifications. Per-category and per-worker views drill into underlying records.
Workflow on receipt.
When a worker files an AGO complaint, the case routes to compliance with the 90-day clock. Investigation, settlement analysis, and exposure aggregation surface in a unified workflow.
3-year SOL window exportable.
All wage records retain for 7 years (above the 3-year SOL). Records export to AGO on subpoena with complete metadata. Documented compliance reduces civil penalty multipliers and supports good-faith arguments — even though it doesn't escape § 150 trebling.
Still evaluating? Get a free Massachusetts compliance audit.
Send us your existing Massachusetts scheduling and pay configuration. Our compliance team returns a written audit within 5 business days — every Massachusetts-specific exposure ranked by risk and back-pay liability.