How to Recover Back Pay
Before understanding the terms to recover back pay you need to understand the meaning of back pay. Back pay is the salary or the amount you need to pay to the employee, but you do not pay the required amount. It is also the difference between the wages that an employee is given by the employer and the wages that are actually the employee has earned. The unpaid wages may be of the category which includes bonus, extra working hours, the increment in the salary, etc. An employee who is on a leave, such as medical, holiday or any kind of critical situation he has the right to demand back pay. There are various acts which support the collection of back pay if the employer has failed to pay you. The Fair Labor Standards Act (FLSA) makes sure that the workers are paid rightful wages for hours the individual has worked for and the overtime wages. There are other acts such as Davis- Bacon Act and the Service Contract Act for the back pay of the wages.
- The Procedure for Collection of Back Pay
There are several methods for the recovery of the wages that are pending or not paid to the employees and with the help of FLSA, you can have the rights to recover the wages which are unpaid. The employee can file a case with a lawyer for the recovery of back pay and demand for the benefits with the repaying of the total amount. The Secretary of Labor can press charges on the employer for the violation of the act. An employee is allotted a time of two years for taking an action against the employer for back pay. If he fails to do so, then the individual is no longer eligible for the filing of the case. In certain cases, the employee is given a period of three years in one such case is willful violations. A willful violation is a case where the employer did not pay the wages intentionally and kept the employee on hold.
- Investigation
The Department of Labor’s Wage and Hour Division (WHD) chooses businesses for the purpose of investigation. The business is investigated and examined by the WHD. The investigation procedure is explained to the businessmen in a meeting which is held by the WHD officials and certain people from the company or industry with higher authority. The investigation includes the examination of the total profits of the company. The profits include the manufacturing, selling and the purchase of the raw materials. The documents which are mandatory for the investigation are photo-copied which includes the records that contain the distribution of the wage within the employees. The records are cross-checked by taking interviews with the employees to make sure that the records are true. The investigation also looks at the employment procedure to make that the company or industry has hired an employee who is underage. The employees may be investigated at their home or through other digital mediums. If the WHD officials find any back wages, then the employer is told to repay them. They are also told about the violations, if there are any, and how to correct them.
- Worker Complaints
The employees can complain about the issues during the investigation or even before. The identity is kept completely anonymous from the company for any further harm. The employees are asked for their permission when the WHD wants the identity revealed. To file a complaint, you are required with the details such as your name and personal details such as address, phone number, and the name of the company you are currently working or you used to work for. The location of the company also matters while filing the case. The names of the officials such as managers and the owners are required. The category of work you did and the payment details are needed. The WHD services are free of cost and are highly confidential. The employer does not have any kind of authority to discriminate or dominate you in any kind of way because of the action you have taken against the employer.
- Payback After Wrongful Termination
If the employee is fired without any reason, then the employee has all the rights to ask for the benefits which were promised during the agreement while joining the job. The back pay is summed from the date when the employee is fired to the date when the judgment is finalized. The employer will get the payback for two to three years if the reason for the termination of the employee is some personal reason or irrelevant reason. Keeping the records of the paycheck may help you in such conditions. This can help you to calculate the errors in your wages. The payback cases can turn out to be worse, so you need to hire a lawyer for the purpose. Moreover, he can enlighten you with the legal knowledge of your rights and the benefits which the company owes to you.
- Notable Considerations
The employers who violate the FLSA are charged with penalties. If they are found guilty of willfully violating the wages, then they have to give penalties up to $1000 for each of the employees. There are many categories in the violation of the Fair Labor Standards Act, which may lead to penalties till $10,000 which can be considered as a criminal offense against the law. If you think that you have been fooled with the payment of the salary you can contact with the WHD for your rights and you can claim your money. When the employee is paid under the supervision of the WHD the employee cannot bring the private lawsuit for the case. You can use certain softwares which will keep an account of the wages you have been paid.
Fighting for your rights and making people believe that you cannot be suppressed is what you need to do when you want the company to pay you back the wages you are worthy of. There are many facilities nowadays, which can get back the benefits and the rights which the company or industry owes you.
