Barkan Meizlish , May 14, 2015
Many employees are unaware that under the Fair Labor Standards Act (“FLSA”), a late paycheck is generally regarded as no paycheck. This is because courts interpret the FLSA to require “on time” payment of wages, as the failure to do so can be “detrimental to maintenance of the minimum standard of living.” Late paychecks violate the FLSA even if the employee was not harmed by the delay. Employees need not prove they were caused any difficulty as a result of the late pay check—they are still entitled to damages. Additionally, if an employer’s failure to pay is “willful,” which is not difficult to prove in a late payment situation, an employee may be entitled to liquidated damages equal to the unpaid wages.
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