No one wants disgruntled employees, and certainly no one wants them to go on strike. If they do, and agencies help backfill with temporary workers, make sure those workers get paid immediately or you’ll find yourself served with a lawsuit.
Normally, when employees believe they have worked hours for which they haven’t been paid, the Department of Labor’s Wages and Hours Division (WHD) is contacted to investigate any violations of the Fair Labor Standards Act. (FLSA). They will listen to workers’ issues, including all necessary details to file the complaint.
Penalties for Violating Wage Laws Can Include Prison Time
The Secretary of Labor has discretion to bring a lawsuit, not only for the back pay, but also for liquidated damages, in an amount equal to the back pay. Employees can file a private suit against the employer for back pay, liquidated damages, and attorney’s fees, but only if back pay has not been received, and there is no suit brought by the Secretary of Labor. Employers who willfully violate wage laws can be fined up to $1,000 per willful violation, face criminal charges, and if the employer is a repeat offender, prison time is an option.
Failure to pay back wages is not a matter to be taken lightly. If you or your company has been accused of owing back pay, contact a labor attorney at once. A legal expert can look through contracts to help determine what is owed, what hasn’t been paid, and how best to proceed to keep the Department of Labor from coming after you.
Related Resources:
- Find a Labor Lawyer Near You (FindLaw’s Lawyer Directory)
- Cheesecake Factory Owes Underpaid Janitors $4M (FindLaw Lawyer’s Directory)
- Uber Drivers Win Settlement Over Improper Payment (FindLaw Free Enterprise)
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