Lawsuit - FSLA Posted: Jul 31st, 2019 - 1:02 pm In Reply to: KS MTs are employees, not ICs - SM
No DOL as it says right on the DOL form that you forfeit your right to file a lawsuit, and that if they fine the company, DOL keeps that money.
File a lawsuit is better as you will get liquidated damages, which are equal to an additional paycheck for each time they paid you late, plus they have to pay your attorney and court fees. You can count all late paychecks for last three years. All you have to do is prove it was wilful, and her emails stating you will be paid late proves wilful. Paying late because of cash flow issues is deemed wilful. An example of unwilful would be a hurricane knocking power out so transfer didn't complete, or person doing payroll in ER the night before. These repeated late paychecks are proof of wilful.
Wilfuly paying employees late is actually considered criminal according to the FLSA, which was inacted to protect employees from getting paid late.
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