07/10/2002

6. The three methods for recovering back pay

a.) The Division Administrator may supervise the payment of back wages found due employees, after an investigation.

b.) With or without the written request of employees the Secretary of Labor may bring suit in certain cases to recover back wages.

c.) Employees may bring suit to recover back pay and liquidated damages equal in amount to the wages withheld, plus attorney's fees and court costs. The employee may not bring suite or recover liquidated damages if he/she has been paid back wages under the Administrator' supervision, or if the Secretary sued for him/her. Suits for back pay must be filed within two years after the wages become due and the employer failed to pay.

The Secretary of Labor may seek a Section 17 injunctive action to enforce compliance and/or payment of back wages.