If you have been wrongfully fired from a job or had an employer withhold money from you for any reason, you may be entitled to back pay. Back pay is any salary or other benefits that an employee can claim they are owed. This article will go over the most important aspects of back pay, including how it works and how you can collect it. Take a look below and find out if you can claim any back pay.
Fair Labor Standards Act (FLSA)
The FLSA is the first place you should turn to when looking to get back pay. This act protects workers from unfair work practices and works with the U.S. Department of Labor to represent you legally. The first step you should take is to report the violation to your local and federal labor departments.
Keep in mind you can also file a suit yourself, and include in your claim damages and attorney fees in addition to any back pay. An important note is that the statute of limitations for back pay claims is two years for unintentional violations and three years for intentional underpayment.
Common Examples of Back Pay
If you’re not sure that your particular situation qualifies for filing a claim, this list can help out:
- Unpaid Overtime
- Violations of Minimum wage
- Wage theft or tip theft
- Discrimination in promotions or salary compensation
- Accounting errors
How To Collect Back Pay
Along with the FLSA, the Service Contract Act, and the Davis-Bacon Act include statutes for collecting back pay. Start here by entering in your employer’s information if you believe you are owed back pay.
The Secretary of Labor has a Wage and Hour Division that oversees the collection of back pay. They might also file a lawsuit for back wages and include additional liquidated damages, which are an estimate of other intangible or hard to define losses a work has experienced.
Additional Information
Most employers take out insurance against back pay, so if an employee wins a claim for back pay, it will most likely be paid for by their insurer. And in this case, you will be compensated fully for the amount you’re claiming.
Back pay is determined by the employee’s salary and benefits, from the time the underpayment began until the time the claim has been filed. As a reminder, any damages or attorney fees can also be included in this amount.
Get What’s Yours
The information above can go a long way in helping you settle any differences you’ve had with a former employer. No matter what went down, if you feel that you are owed money and other benefits from a job, it’s definitely worth filing a claim with the U.S. Department of Labor.
