Employment Law Questions? Ask an Employment Lawyer.
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Two years is the normal back pay requirement for an FSLA for pay issues, unless there is evidence of willful action on the part of the employer to deprive the employees appropriate overtime/minimum wage. Then the Department of Labor could look back up to three years.
Your facts indicate that there would not be evidence of willful behavior and so two years is appropriate.
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I'm going to have to opt out. I do not understand what you are really asking here, so I'll allow other experts to address the question.
A different Attorney here.
My question is can I choose the pay schedule to back pay .
Response 1: No, you cannot. You have to payback according to the violation.
I was paying on the 80 . Can I choose the payback method to be a 40 hr workweek . This would be 50 % less at least .
Response 2: No, you cannot do that.