April 21, 2022

Ignorance of the Law is No Excuse

That is what one employer reportedly learned when it claimed its wage and hour violation was the result of a “misunderstanding” of the law.   That followed an investigation by the U.S. Department of Labor that found the employer failed to properly pay overtime and tips. The employer was required to pay $867,572 in back wages to 910 workers.

On a positive note, good faith and due diligence can mitigate damages against an employer. Take the Fair Labor Standards Act (FLSA).  Back wages that are due to a wage and hour violation are generally awarded for the prior two years. If, however, a court finds the employer intentionally violated the law, it might be three years’ back wages.

Dot your i’s and cross your t’s.  Follow not just federal wage and hour rules but the plethora under state and local laws and regulations.

Keep yourself safe!  Individuals can be held liable for wage and hour violations. Ask this General Manager!