Think You Were Underpaid? You Could Get Back Pay and More

All people deserve fair pay for a hard day’s work. Yet every year, countless workers across the United States are denied the wages they’ve rightfully earned. 

From unpaid overtime to minimum wage violations, these injustices can have a serious financial impact on employees and their families. 

That’s why the Fair Labor Standards Act (FLSA) exists: to protect workers from being shortchanged. But what happens when an employer violates the law? You may be entitled to more than just the unpaid wages; you could be eligible for liquidated damages as well.

Morgan & Morgan’s experienced FLSA attorneys can help you fight for the compensation you’re owed. If your employer has withheld wages, we’re here to hold them accountable. Contact us today for a free case evaluation to learn more about your legal options.

What Is the FLSA?

The Fair Labor Standards Act (FLSA) is a federal law enacted in 1938 to establish key worker protections. The FLSA governs:

• Minimum wage requirements
• Overtime pay for eligible employees
• Recordkeeping for hours worked and wages paid
• Youth labor standards

Most notably, the FLSA mandates that non-exempt employees must be paid 1.5 times their regular hourly rate for any time worked beyond 40 hours in a single workweek. Unfortunately, wage and hour violations are all too common, with employers using tactics such as:

• Misclassifying workers as exempt
• Failing to track off-the-clock work
• Averaging hours across multiple weeks
• Paying straight time instead of overtime

When employers break these rules, workers can file a wage and hour claim to recover back pay and possibly liquidated damages.

What Is Back Pay Under the FLSA?

Back pay refers to the wages you should have been paid under the law but weren’t. This may include:

• Unpaid minimum wages
• Unpaid overtime wages
• Wages lost due to misclassification (as an independent contractor or exempt employee)
• Wages for off-the-clock work, such as answering emails, attending meetings, or performing setup/cleanup tasks

Back pay is typically calculated based on the number of unpaid hours and your hourly rate (including time-and-a-half for overtime). In some cases, back pay can span up to two years, or even three years if the violation was willful, meaning the employer knew they were breaking the law.

What Are Liquidated Damages?

Under the FLSA, employees may also be entitled to liquidated damages. These are monetary penalties designed to compensate workers for the delay in receiving their rightful pay and to deter employers from violating wage laws.

Here’s how it works:
If you’re awarded $5,000 in back pay, you could also be awarded an additional $5,000 in liquidated damages, doubling your total compensation to $10,000.

This 100% match makes liquidated damages extremely valuable in FLSA claims. But they’re not automatic; your employer can try to avoid paying liquidated damages by showing they acted in good faith and had reasonable grounds for believing they were complying with the law.

However, that’s a tough standard to meet. Courts generally presume that liquidated damages apply unless the employer proves otherwise.

Key Differences Between Back Pay and Liquidated Damages

While back pay and liquidated damages are both forms of compensation available under the FLSA, they serve different purposes and are calculated differently. Back pay is intended to reimburse you for wages that your employer failed to pay. This includes unpaid minimum wage or overtime for hours you actually worked. It’s a straightforward calculation based on your hourly rate and the number of hours your employer failed to compensate you for.

Liquidated damages, on the other hand, are meant to address the harm caused by the delay in receiving your rightful wages. In most FLSA cases, workers are entitled to receive liquidated damages equal to the amount of back pay awarded, essentially doubling their recovery. This additional compensation is designed not only to make employees whole but also to discourage employers from violating wage laws in the future.

While back pay is automatically awarded once a violation is proven, liquidated damages are presumed to apply unless the employer can demonstrate that they acted in good faith and had reasonable grounds to believe their conduct was lawful. This is a high bar for employers to meet, and in most successful wage claims, liquidated damages are granted alongside back pay. Together, they offer a powerful remedy for workers whose rights under the FLSA have been violated.

How Far Back Can You Claim Wages?

Under the FLSA:

• Standard statute of limitations: 2 years
• Willful violations: Up to 3 years

This means if your employer intentionally violated wage laws, you can recover back pay and liquidated damages for the past three years. That's why it's important to act quickly; every day you wait could reduce your potential recovery.

Common FLSA Violations That Lead to Claims

Some employers bend the rules, others break them entirely. Common violations that may entitle you to back pay and liquidated damages include:

Misclassifying Employees

This can involve labeling employees as “independent contractors” or “exempt” to avoid paying overtime.

 

Off-the-Clock Work

Asking employees to perform tasks before or after clocking in, such as setting up, cleaning, or security checks, is illegal off-the-clock work.

 

Rounding Down Hours

Some managers are guilty of rounding time punches in a way that always benefits the employer and shortchanges the worker.

 

Break Time Violations

Not compensating workers for short breaks or requiring them to work during unpaid lunch periods is an FLSA violation.

 

Improper Tip Credit Usage

Using tips to pay below minimum wage without meeting federal or state requirements is illegal.

 

What to Do if You Suspect a Wage Violation

If you think your employer has violated wage laws, it’s important to:

• Document everything: Keep detailed records of your hours, pay stubs, schedules, emails, and any communications about pay or job duties.
• Contact Morgan & Morgan: The FLSA is complex, and employers will often push back. An experienced employment attorney can evaluate your claim and help you recover what you’re owed.
• Act quickly: Time limits apply. The sooner you act, the better your chances of maximizing your recovery.
  
   

Can I Sue My Employer for Unpaid Wages?

Yes, you can sue your employer for unpaid wages under the FLSA. If your employer has failed to pay you the minimum wage, overtime, or any wages you are legally owed, you have the right to take legal action to recover that compensation. These claims are not only about recovering back pay—they can also include liquidated damages, interest, and attorney’s fees.

You may be able to sue your employer if:

• You worked overtime (over 40 hours a week) and weren’t paid time-and-a-half
• You were paid less than the federal or state minimum wage
• You were forced to work “off the clock”
• Your paycheck was docked illegally
• You were misclassified as an exempt employee or independent contractor
• You were denied rest or meal breaks required by law
• You did not receive your final paycheck

These wage violations can happen in all types of industries, especially in retail, food service, hospitality, construction, and gig work. Many employers either misunderstand the law or knowingly exploit workers who don’t know their rights.

Will I Get in Trouble for Suing My Employer?

It is illegal for your employer to retaliate against you for asserting your rights under the FLSA. If they do, you may have a separate retaliation claim.

What if I’m an Undocumented Worker?

You are still protected by the FLSA. All employees, regardless of immigration status, are entitled to fair wages under federal law.

How Can Morgan & Morgan Help?

Morgan & Morgan is the nation’s largest plaintiffs’ law firm, with over 1,000 attorneys nationwide, and a proven track record of fighting for workers. Our FLSA attorneys understand the strategies employers use to deny wages and how to beat them in court.

When your paycheck has been stolen, you deserve a legal team that won’t back down. That’s what we’re here for.

Contact us today for a free case evaluation to learn more about your options.