Thread regarding Bank of New York Mellon Corp. layoffs

Did BNY pay you interest on vacation payout? For MA ex-employees

FYI for ex-BNY Massachusetts employees…

In Massachusetts, if an employer fails to pay your accrued vacation time when your employment ends, you are entitled to treble damages on the unpaid amount, not just the interest on the late payment. This penalty, known as a treble damages award, is a powerful remedy under the Massachusetts Wage Act. If the employer eventually pays the vacation time late, the employer may have to pay trebled interest on that late payment, but this is separate from the treble damages for the unpaid wages.
What is the Massachusetts Wage Act?
Under the Massachusetts Wage Act, MGL c. 149, § 148, earned and unused vacation time is considered wages.
When an employee is terminated, all final wages, including vacation pay, must be paid on the day of termination.
If an employee resigns, the payment is due by the next regular payday.

I do not believe our crack 1-800 HR people team are following this law for MA employees…


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| 19941 views | | 7 replies (last October 22) | Reply
Post ID: @OP+1k70m66qq

7 replies (most recent on top)

@ap what are you talking about? I’m an ex MA employee and they gave me a termination date in writing in the termination docs and then my money was sent in the next check along with a paper copy of the paystub with specific breakdowns of the vacation days, healthcare stipend and taxes. What a waste of time you all are involved if there is a class action lawsuit. You won’t win! BNY’s legal team is doing everything by the book!

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Post ID: @2aa+1k70m66qq

I left voluntarily abd was paid my vacation time without interest.

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Post ID: @z0+1k70m66qq

The delay in receiving it is the problem. As the law says BNY should be including the vacation payout on termination date or on pay period right after termination not weeks or a month or so later. This applies to all MA employers not just BNY. Hence the class action being formed.

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Post ID: @qr+1k70m66qq

Hello,
Previous Boson, MA ex-BNYM employee here. I was paid out vacation after I left voluntarily. It took some time but I received it in the form a paper check. They sent it to the address from the HR portal and then the mail re-routed it to my new address in NJ.
Personal days are not vacation days, only vacation days are vacation days.

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Post ID: @jx+1k70m66qq

‘Treble’ or nothing BNY has this covered already. Our legal department misses nothing.

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Post ID: @cv+1k70m66qq

True may not be a lot for one employee but across all ex-BNY employees from MA ? There is a class action being formed. Google it and sign up. This applies to all employers in MA.

BNY has outsourced HR to a third party company who in turn outsourced to offshore call center. BNY can reduce costs but not by breaking the laws in the locations they operate in. When reducing costs they need to do it the right way. From what I hear the company does not provide that payout at the date of termination. They also don’t provide written termination documents. Just verbal notice from manager “this is your last day” and weeks later final payouts appear in the bank but no final paystub. All ex-employee has is the 800 number and uninformed and confused offshore folks who can’t answer questions and can’t provide anything in writing as they are not authorized.

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Post ID: @ap+1k70m66qq

I'm trebled by your post. Most states don't pay accrued vacation time when you get sacked. Interest is what? 0.2 percent. Be glad you are free and move on

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Post ID: @a9+1k70m66qq

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