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Recovery of Back Wages
Listed below are methods which FLSA provides for recovering
unpaid minimum and/or overtime wages.
? Wage-Hour 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 for back pay 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 FLSA, including the unlawful withholding
of proper minimum wage and overtime pay.
An employee may not bring suit if he or she has been paid back
wages under the supervision of Wage-Hour or if the Secretary
of Labor has already filed suit to recover the wages.
A 2-year statute of limitations applies to the recovery of back
pay, except in the case of willful violation, in which case
a 3-year statute applies.
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