Get your money - FLSA Posted: Jul 30th, 2019 - 12:53 pm In Reply to: KS 7/10 check - Former KS
If you file a complaint with DOL, you give up your right to take the company to court. DOL will collect pay that's owed but not liquidated damages.
If you are paid late even by one day, you are entitled to liquidated damages, which equals a second equivalent paycheck. You have two years to file a claim in court, three years if non-payment was wilful. Company cash flow issues are deemed wilful and actually criminal. Read the Federal Fair Labor Standards Act for late paychecks it says you get money for liquidated damages. It also says in addition to a second equivalent paycheck for each one paid late, the company also has to pay court costs and attorney fees. It says state laws vary, but this FLSA law protects you in all states.
You will not be able to file a claim in court if you file a DOL report, it states that in the FLSA law, on the DOL form, and a DOL agent can verify that on the phone. If DOL decides to fine them, DOL keeps that money. Read the FLSA on late pay and file a court claim for your liquidated damages money. You are owed a second paycheck for each time you were paid late, plus fees for court and attorney.
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