Employment Law

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What is the formula/calculation for penalty for failure to…

Customer Question
What is the formula/calculation...

What is the formula/calculation for penalty for failure to pay wages?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Not hr

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is a seasonal position which terminates at the end of April. not union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The missing pay is part of a calculation based on initial draws subtracted from accumulated earnings as if on commission. Hence not all "commission" has been paid. The issue was the company revenue was not received in time for my payment but I proved that incorrect.

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 minutes by:
11/21/2017
Employment Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Employment Law
Satisfied Customers: 13,709
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear you are having payment issues with your employer. Under the Fair Labor Relations Act an employer can be liable for back pay, liquidated damages in the amount of the Wongfully withheld pay, and attorney fees.Please seehttps://www.dol.gov/general/topic/wages/backpay
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Customer reply replied 8 months ago
This response did not answer my question and did not ask what state I was in, etc. I know general facts to know I am in the right but I also know I have to deal with my state. There is a formula for calculating the penalty for failing to pay terminated employees. Because of this, I have no use for this response, no interest in future questions, and since the information given me was of no use, do not charge my credit card.
Employment Lawyer: legalgems, Lawyer replied 8 months ago

This is regulated by the FLRA which is a federal act, not a state act. That information can be reviewed here:

https://www.dol.gov/whd/flsa/

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