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ez Explanations

Back pay

RegSenseExemptions from Overtime/Minimum WageMeeting and Training Time as Working TimeWaiting Time as Working TimeCompensatory TimeTravel Time as Working TimeHuman ResourcesEnglishAssociate Benefits & CompensationezExplanationCompensationWage and HourBreaks and Meal PeriodsHours WorkedBest ResultsNon-Exempt employees Focus AreaUSA

A common remedy for wage violations is an order that the employer make up the difference between what the employee was paid and the amount the employee should have been paid. The amount of this sum is often referred to as “back pay.”

Scope

Employees who were not properly paid their wages or salaries owed may be eligible for receiving back pay from their employers.

Regulatory citations

  • None

Key definitions

  • None

Summary of requirements

Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes.

Listed below are methods which the FLSA provides for recovering unpaid minimum and/or overtime wages:

  1. The Wage and Hour Division may supervise payment of back wages.
  2. The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages.
  3. An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney’s fees and court costs.
  4. The Secretary of Labor may obtain an injunction to restrain any person from violating the FLSA, including the unlawful withholding of proper minimum wage and overtime pay.

An employee may not bring suit under the FLSA if the employee has been paid back wages under the supervision of the Wage and Hour Division or if the Secretary of Labor has already filed suit to recover the wages.

Generally, a two-year statute of limitations applies to the recovery of back pay. In the case of willful violations, a three-year statute of limitations applies.

Back wages also are available for underpayments to employees under the Davis-Bacon and Related Acts and the Service Contract Act, among other laws enforced and administered by the Wage and Hour Division.

['Compensation', 'Wage and Hour']
['Breaks and Meal Periods', 'Exemptions from Overtime/Minimum Wage', 'Compensatory Time', 'Non-Exempt employees', 'Waiting Time as Working Time', 'Meeting and Training Time as Working Time', 'Hours Worked', 'Travel Time as Working Time']
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