Two former Amherst College employees allege in lawsuit that receiving monthly pay violates state’s wage laws

Gavel and scales

Gavel and scales Creatas

By SCOTT MERZBACH

Staff Writer

Published: 01-23-2025 4:40 PM

Modified: 01-24-2025 12:16 PM


AMHERST — Two former employees at Amherst College have filed a class action lawsuit in Hampshire Superior Court contending a violation of the Massachusetts Wage Act occurred when, without their permission, they received their pay at the end of each month, rather than in weekly or every other week allotments.

Contending harm has been caused through this payment practice, a lawsuit was filed Dec. 26 on behalf of John T. Martin, a Hampden County resident who from 2017 to 2023 was director of the Queer Resource Center and interim assistant dean of students for identity and cultural resources, and Danielle Amodeo, a Brooklyn County, New York resident who from 2017 to 2022 was a public programs and marketing coordinator, public programs and marketing specialist and associate director of communication and public programs for the college’s Mead Art Museum.

The lawsuit is about the timely payment of wages under state law, said Raymond Dinsmore, an attorney with Hayber, McKenna & Dinsmore LLC of Springfield, the firm representing Martin and Amodeo.

“Employers simply aren’t allowed to withhold wages in this fashion and Amherst College is no exception,” Disnmore said.

The college policy has been to pay exempt staff members, trustee-appointed staff members and faculty members on the final business day of each month.

State law, though, says “employers must pay all wages due to an employee within six days of the termination of the pay period in which such wages were earned” or else owe damages equal to three times the late paid wages, plus interest, attorneys’ fees and costs. Cumulatively, the lawsuit contends Martin received $79,099 in gross wages later than required by law and Martin received $22,532 in gross wages later than required by law.

A second lawsuit making the same claims, filed by Jessi Fournier, the college’s former associate director of student accessibility, was voluntarily dismissed in mid-January.

Amherst College spokeswoman Caroline Hanna wrote in an email that the college is confident it has complied with the law and expects to vigorously defend its position.

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“All Amherst College employees have been paid in full and in a manner that is timely, regular, and clearly communicated from the outset of employment,” Hanna said.

The complaints came after the state attorney general’s Fair Labor Division in mid-December gave permission to pursue claims for late wages on behalf of themselves and others.

Dinsmore said this is a customary practice, as the state has limited resources to investigate and litigate complaints.

In early January, President Michael A. Elliott and Mike Thomas, chief financial and administrative officer, sent a letter to employees stating that salaried faculty and staff are paid monthly, “a longstanding practice communicated in the employee handbook and offer letters,” and that the lawsuit was based on a narrow and incorrect interpretation of law, and the outcome could constrain college operations. The lawsuit has no impact on hourly employees.

That was followed by a letter sent by Thomas announcing that the college would begin paying exempt employees twice a month in March.

Dinsmore said he learned of the communication to employees and the college citing financial ramifications constraining operations, but views that as retaliatory against those seeking to bring up salary issues.

“We believe that this email is misleading and was designed to suppress class members’ interest and willingness to participate in the lawsuit,” Dinsmore said.

“With nearly $4 billion in its endowment alone, we believe that Amherst College clearly has the resources to pay its employees what is owed under the Massachusetts Wage Act.”

Scott Merzbach can be reached at smerzbach@gazettenet.com.