A Boston University Metropolitan College lecturer filed a $5 million class-action lawsuit against the Trustees of Boston University Feb. 21 alleging the University failed to pay her on time, reportedly violating the Massachusetts Wage Act.
Part-time faculty and BU alum Lydia Curtin-Wilding filed the suit individually and on behalf of other “similarly situated” exempt employees, claiming BU failed to provide timely wages on a weekly or bi-weekly basis between Feb. 18, 2022, and Aug. 1, 2023, according to the lawsuit.
According to BU’s Human Resources Regulatory Compliance page, under the Fair Labor Standards Act, employees are hired at BU in exempt or non-exempt positions, with exempt employees being paid on a semi-monthly basis.
The lawsuit alleges BU instead paid employees on the last business day of each month during the aforementioned period — though these employees did not choose to be paid monthly — violating the Massachusetts Wage Act, which states wages must be paid within six or seven days of the weekly or bi-weekly pay period they were earned.
The late payments reportedly resulted in the withholding of “millions of dollars in wages,” according to the lawsuit.
BU Spokesperson Colin Riley said the University does not comment on legal issues.
This suit follows increased discussions about fair wages and labor practices on BU’s campus, with recent contract ratifications involving the BU Graduate Workers Union and the Residence Life Union.
Similar late-payment lawsuits were also filed against Amherst College and Harvard University by Springfield law firm Hayber, McKenna & Dinsmore LLC earlier this year, alleging the respective universities violated the Massachusetts Wage Act. HammondLaw PC, a law firm based in Tacoma, Washington, will represent the Curtin-Wilding suit.
Curtin-Wilding requested authorization from the Massachusetts Attorney General’s Office Feb. 19 to pursue the claim for herself and on behalf of the Class of exempt employees, whose potential members “are so numerous and so diversely located throughout Massachusetts (as well as outside the state) that joinder of all members of the Class is impracticable,” the lawsuit said.
For most wage and hour law violations, workers must first file a complaint with the AGO within three years of the violation, before filing a lawsuit in court.
Since Curtin-Wilding resides outside of Massachusetts and seeks compensation greater than $5 million, the suit was filed through the U.S. District Court, as opposed to the Massachusetts Superior courts the Amherst and Harvard suits were filed through. The suit demanded a trial by jury.
If Curtin-Wilding and the represented Class win the case, BU will be liable for three times the amount of the late-paid wages, plus interest, litigation costs and reasonable attorney fees.
