You are entitled to the past pay. Your employer was violating state and federal law. I have handled cases like that. The law is clear. You should consider getting a lawyer to represent you. We would love to do it, as would other lawyers. You can only go back a limited number of years, not the full five years. (Two, unless it was willful, in which case it is 3 years.) There is also a civil penalty and the employer can be required to pay your lawyer.
Answered on Feb 25th, 2012 at 7:09 PM