Experience Everything Compliance Network Has to Offer
Start Customizing Your Profile for Free!
Update to Professional Trial!
Already have an account?
YOU'RE ALL SET!
Enjoy your limited-time access to the Compliance Network Professional Trial!
A confirmation welcome email has been sent to your email address from ComplianceNetwork@t.jjkellercompliancenetwork.com. Please check your spam/junk folder if you can't find it in your inbox.
YOU'RE ALL SET!
Thank you for your interest in EnvironmentalHazmat related content.
You've reached your limit of free access, if you'd like more info, please contact us at 800-327-6868.
Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact firstname.lastname@example.org or call 800-558-5011.
RegSenseExemptions from Overtime/Minimum WageezExplanationMeeting and Training Time as Working TimeCompensationWaiting Time as Working TimeWage and HourCompensatory TimeBreaks and Meal PeriodsAssociate Benefits & CompensationHours WorkedBest ResultsTravel Time as Working TimeNon-Exempt employees Human ResourcesEnglishFocus 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.”
Employees who were not properly paid their wages or salaries owed may be eligible for receiving back pay from their employers.
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:
- The Wage and Hour Division may supervise payment of back wages.
- The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages.
- An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney’s fees and court costs.
- 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.
READ MORESHOW LESS
['Compensation', 'Wage and Hour']
['Travel Time as Working Time', 'Compensatory Time', 'Waiting Time as Working Time', 'Hours Worked', 'Meeting and Training Time as Working Time', 'Non-Exempt employees', 'Breaks and Meal Periods', 'Exemptions from Overtime/Minimum Wage']
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.