Employment Law: An Overview of Wage and Hour Part 2
In this second part of our two-part article, we’ll continue our discussion of wage and hour employment law by discussing employees’ right to recover wages, investigations, and the statute of limitations for recovering wages. Visit Part 1 for the first half of the article.
Like any other government agency, the Wage and Hour Division will conduct investigations when necessary. These investigations usually occur due to complaints against an employer or with businesses with a high amount of violations. The division will examine company records and interview employees to assess compliance with wage and hour regulations. If a business is not in compliance the division will put certain provisions in place to ensure compliance.
Employees have the right to seek recovery in the event they feel they have been denied fair and rightful pay. An employee can recover wages by filing an individual lawsuit or the Secretary of Labor can file a lawsuit for back wages and liquidated damages. In the face of a lawsuit, employers need sound legal counsel to reduce the risk of litigation. Our Tampa construction lawyers are intimately aware of labor laws and are available to assist employers facing wage and hour related claims.
Statute of Limitations
Employees have two years to recover back pay for unpaid wages. If an employer has willfully violated labor laws, the limitation increases by a year. If the employer is known to be a repeat offender of labor laws, additional time and penalties may apply.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.