Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you file a lost wage claim under Massachusetts law, accuracy in identifying your employer is crucial. Discrepancies between an employer’s d/b/a (doing business as) and its legal name can delay or jeopardize your claim. Follow these steps to ensure you use the correct name and support your filing.
1. Verify the Employer’s Legal Name
Review your paystubs, W-2 forms and any employment agreements. These documents usually display the employer’s true corporate or LLC name. If you only see a trade name, note that you may need the underlying legal entity.
2. Search the Massachusetts Secretary of State Database
Visit the Business Entity Search at the Massachusetts Secretary of State’s website: https://corp.sec.state.ma.us/corpweb/CorpSearch/CorpSearch.aspx. Enter the d/b/a name to view the registered, legal entity and any related filings.
3. Reference Massachusetts d/b/a Registration Requirements
Under M.G.L. c.110, §5, any business operating under a name other than its legal name must register that d/b/a. You can read the statute here: Chapter 110, Section 5. This confirms the link between the trade name and the legal entity.
4. Complete Your Lost Wage Claim Accurately
If you file a wage complaint with the Massachusetts Department of Labor Standards (DLS) under M.G.L. c.149, §148 (Section 148), list the employer’s exact legal name first. Immediately after, include “d/b/a” and the trade name in parentheses. For example: XYZ Corporation, d/b/a Sunny Café.
5. Provide Supporting Documentation
Attach clear copies of your paystubs, W-2s or offer letters showing both names. Include a printout from the Secretary of State search demonstrating the d/b/a registration. These exhibits help the DLS verify the relationship between names.
6. Seek Guidance from the Department of Labor Standards
If you still face uncertainty, contact the Massachusetts DLS for assistance. Their resources and staff can guide you through the form and naming conventions. Visit Department of Labor Standards or call 617-626-6960.
Helpful Hints
- Use the exact legal name on all forms to avoid processing delays.
- If you cannot locate the legal name, note the steps you took in your claim and request a DLS review.
- Keep all employer communications in writing and date-stamp each document.
- Send your claim and attachments via certified mail with return receipt.
- Consider consulting an employment attorney if your claim faces complex issues or denial.