The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages or for interest on the back wages, or the Secretary of Labor may bring suit for an injunction against the failure to pay wages when due.
Employees who have filed complaints or provided information during an investigation are protected under the law. They may not be discriminated against or discharged for having done so. If they are, they may file a suit or the Secretary of Labor may file a suit on their behalf for relief, including reinstatement to their jobs and payment of wages lost plus monetary damages.
An employee may file suit to recover back wages, and an equal amount in liquidated damages, plus attorney’s fees and court costs. Please note that the U.S. Supreme Court has ruled that the Eleventh Amendment prohibits employees of State governments from filing such suits against their State employers for monetary relief in federal courts (under Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996)), and in State courts, unless the State waives its sovereign immunity (under Alden v. Maine, 527 U.S. 706 (1999)).
Civil money penalties may be assessed for repeat and/or willful violations of the FLSA’s minimum wage or overtime requirements.
Employers willfully violating the law also may face criminal penalties, including fines and imprisonment.
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