Back pay refers to the wages that an employee is owed due to wage violations. It is a remedy that requires an employer to compensate the employee for the difference between what they were actually paid and what they should have received. This compensation is often ordered in cases involving the Fair Labor Standards Act (FLSA) and other labor statutes.
Back pay is commonly used in labor law, particularly in cases related to wage and hour disputes. It can arise in various legal contexts, including civil cases involving unpaid wages, overtime violations, and contract disputes. Employees may pursue back pay through different avenues, such as:
Users can find helpful legal templates on US Legal Forms to assist with the process of claiming back pay.
Here are a couple of examples of abatement:
Example 1: An employee worked overtime hours but was not compensated at the required overtime rate. They can file for back pay to recover the unpaid wages.
Example 2: A contractor failed to pay workers the prevailing wage as mandated by the Davis-Bacon Act. The workers can seek back pay for the difference between what they were paid and what they should have received (hypothetical example).
Key statutes related to back pay include:
Examples of state differences (not exhaustive):
| State | Back Pay Recovery Period |
|---|---|
| California | Three years for willful violations |
| New York | Six years for unpaid wages |
| Texas | Two years for most claims |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Back Pay | Wages owed due to violations | Specifically relates to unpaid wages |
| Front Pay | Future wages awarded after wrongful termination | Concerns future earnings, not past |
| Liquidated Damages | Pre-determined damages for breach of contract | Compensation beyond unpaid wages |
If you believe you are owed back pay, consider the following steps:
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Back pay is the amount owed to an employee for unpaid wages or overtime due to violations of labor laws.