How to Report Unpaid Wages and Recover Back Pay

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 he/she should have been paid. The amount of this sum is often referred to as “back pay”. 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.


Complaints and investigations

The Wage and Hour Division (WHD) conducts investigations as a part of its enforcement of the FLSA and many investigations are initiated by worker complaints. 

Worker complaints


  All complaints are kept confidential. Your name and the nature of your complaint aren’t disclosed. The only exception is when it’s necessary to reveal your identity, with your permission, to pursue an allegation. The information required to file a complaint include:

• Your name
• Your address and phone number
• The name of the company where you work or worked
• The names of the managers or owners
• The location of the company
• The type of the work you did
• How and when you were paid

Additional information, such as copies of pay stubs, personal records of hours worked, or other information regarding the employer’s pay is helpful.

Investigations

Along with complaints, WHD selects certain types of businesses or industries for investigations. An investigation consists of several steps:      

• A conference between the WHD representative and representatives of the business, during which investigation process is explained.
• Examination of records to determine what laws or exemptions apply to the business and its employees.
• Examination of time and payroll records, note taking or making transcriptions or photocopies of information essential to the investigation.
• Private interviews with certain employees, the purpose of which is to verify the time and payroll records, to identify a worker’s duties in sufficient detail to determine what exemptions, if any, apply and to determine if young workers are legally employed.

When all the steps have been completed, the employer will be told whether violations have occurred and, if so, what the violations are and how to correct them. If back wages are owed, the employer will be asked to pay back wages and the employee may be asked to compute the amounts due.

Recovery of pay back

The FLSA provides methods for recovering unpaid minimum and/or overtime wages. These are:

• 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 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.

Considerations


Employers who willfully violate the minimum wage or overtime laws are subject to civil penalties of up to $1,000 for each lawful violation. Willful violations of the FLSA may result in criminal prosecution and the violator can be subject to a fine of up to $10,000. A second conviction may result in imprisonment. For more Help Please visit...Unpaid Wages