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Late or Unpaid Final Wages An employer who fails to pay wages due on termination may be assessed a waiting time penalty for each late day. The waiting time penalty is equal to the amount of the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.
DOL Overtime Penalties And employers who repeatedly violate the overtime requirements are subject to civil money penalties of up to $1,100 per violation. In some drastic cases, employers can face monumental fines and even prison time for their failure to comply with overtime law.
If an employer fails to pay any overtime worked, the employee may be owed back pay for the time worked but not paid, liquidated damages (which is essentially another back pay award), statutory penalties, and the employees' attorneys' fees.
Unscrupulous Employers Can Face Lawsuits Not paying overtime to employees who are eligible is a violation of federal labor laws and some state laws, meaning that underpaid employees may be able to take legal action under these laws in an overtime pay lawsuit against their employers.
If you don't meet the salary threshold for overtime (at least $23,660 per year paid no matter how many hours you work), then you are entitled to overtime wages. It would be illegal, in this context, for your employer to not pay you overtime pay.
Willful violations of the FLEA may result in criminal prosecution and the violator fined up to $10,000. A second conviction may result in imprisonment.
If you're owed regular or overtime pay from your employer, you can recover the unpaid wages, interest on the unpaid amount, and, in some circumstances, penalties that the law requires the employer to pay.
There is also a common misconception that unpaid wages can be reported on a person's taxes as a deduction. While the IRS does allow deductions for certain types of losses, it does not allow deductions for losses due to uncompensated labor.
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