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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115465
Experience:  20+ Years of Employment Law Experience
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My company says they only have to back pay 2yrs because they

Customer Question

My company says they only have to back pay 2yrs because they self reported to DOL. I filed a grievance against the company because they weren't addressing required back pay. To me it sounds negligent for a Corporation to go over 4 yrs non-compliant with Labor Law. Shouldn't 3 years be assessed and shouldn't DOL assign a case number ***** agent?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the wage laws, a claim for improper payment or failure to pay wages has a 2 year statute of limitations unless there is proof it was willful and malicious failure to pay. So, if there was a mistake or administrative error and it was not a malicious non-payment, then they are only obligated for 2 years payment from the date of the claim. So if they were indeed malicious, that is up to you to prove in court to seek the payment for the 3rd year according to the failure to pay wage statutes of limitations.
Customer: replied 1 year ago.
I understood that I was also wondering if negligence was also criteria
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Negligence is not part of the criteria, it requires willful and malicious conduct. So they had to intentionally not pay you with malice to invoke the 3 year extension to the normal 2 year statute of limitations.
Customer: replied 1 year ago.
Thank you for your reply even though I knew the answer you gave I was hoping there are cases awarded based on Corporate judgements.
Customer: replied 1 year ago.
For negligence
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am afraid not, the law is specific, 3 years are allowed for "willful and malicious conduct" it does not say "negligence" so the courts cannot award 3 years for negligence. Negligence means a mistake, not intentional conduct.