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1992 Constitution: Indemnity clause, Ex-gratia, etc... Do we still need these?
Commenters offered advice and support to an anonymous employee after he said he received payment from his previous employer six months late.
The Original Poster (OP), known as u/jaytr22, posted about the situation in Reddit's "Mildly Infuriating" forum where it received more than 81,000 upvotes and 3,300 comments. The post can be found here.
A spokesperson with the Department of Labor (DOL), Edwin Nieves, told Newsweek that in many states employers are not required by law to give former employees their final check immediately.
"If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department," Nieves said.
He added that employees who have not received their last paychecks can contact the Wage and Hour Division at 1-866-4-USWAGE.
In many cases, the DOL can issue employers wage violations which require them to pay back wages to a former employee.
"Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes," Nieves said. "Generally, a two-year statute of limitations applies to the recovery of back pay. In the case of willful violations, a three-year statute of limitations applies."
In the post, the OP explained that he recently received a void check from his previous boss at a chain grocery store—allegedly...
1992 Constitution: Indemnity clause, Ex-gratia, etc... Do we still need these?