QUESTION
Can you prove that "The late payment of wages is a violation of the FLSA", as claimed on you web site?
Asked on Sep 20th, 2012 on Labor and Employment - Florida
More details to this question:
One of publications on your web site says: "The late payment of wages is a violation of the FLSA, and if the delay is willful, the employer may be liable under the terms of the FLSA for damages and prejudgment interest". I downloaded FLSA in PDF and used the search function to locate the paragraph supporting your claim. Unfortunately, I could not find anything in FLSA concerning late payment of wages. Could you please provide some references to the FLSA page number and exact language, or CFRs, or DOL Opinion letters, or Court cases supporting your claim?
1 ANSWER
4 Awards
Illinois Law provides that payments must be made at least bi-monthly, with a few exceptions. If the payment is not made timely, this is an automatic violation of the law (though if the payment is only a little late, the damages are not worth pursuing). As part of this, if payment is late, that means, under the law, that the employer violated the minimum wage age by failing to pay any wages for that 2 week period. This theory of a minimum wage violation for late payment would also apply under Federal Law as a violation of the minimum wage act, though often, the State law may require a higher minimum wage making the state violation the better way to go in terms of remedies.
You would need to check Florida law to see if the same semi monthly time period applies.
Answered on Sep 20th, 2012 at 5:25 PM