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Back Pay


Back pay is the difference between what an employee was paid and the amount he or she should have been paid. The Fair Labor Standards Act (FLSA), the Davis-Bacon Act, and the Service Contract Act have provisions for recovering unpaid minimum and/or overtime wages.

There is a two-year statute of limitations on recovery of back pay. However, in the case of willful violations, a three-year statute of limitations applies.

When possible, keep documentation - copies of your pay stubs and time sheets or a log of your hours. It will be easier to claim unpaid wages if you can document when you worked and what you were owed.

Compliance Assistance

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