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The department of labor is claiming we need to back pay

Customer Question
employee's lost wages for time...
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable for this
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Washington DC
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union - Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.Category: Employment Law
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Answered in 2 minutes by:
11/21/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,008
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

How long has it been since the hours were worked? When were the missing hours reported to the Department of Labor?

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Customer reply replied 2 months ago
August - September 2017 are the periods in questions - Department of labor was contacted in October 2017
Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago

Thank you.

The statute of limitations on this type of claim is three years. Employment is a type of contract. The employee agrees to work, and the employer agrees to pay a certain rate. Workers have a right to payment for all work performed. A mistake in reporting unfortunately doesn't change that, because it wouldn't be considered fair for an employer to profit off an employee's mistake. If they did the work back in 2013, then they'd be out of luck. But since it was so recent, I'm afraid you are required to pay.

In a situation where an employee is abusing the system, working unauthorized hours, or working unapproved overtime to try to pull one over on the employer, that's slightly different. You're still required to pay them because they did the work, but they can also be fired to prevent them from continuing to break the rules.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Employment Lawyer: Lucy, Esq., Lawyer replied 1 month ago

Do you have any questions about this?

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,008
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Experience: Former judicial law clerk, lawyer

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