     EXCELLENT

Can an employee sue for damages if an employer pays wages late?

Yes, according to a recent Court of Federal Claims decision that expands Federal wage and hour law to include a timeliness-of-pay requirement. The case involves a class action by federal employees forced to work during the shutdown (such as prison wardens and border patrol officers) who were not paid until the shutdown was over. Prior to this decision, the federal wage and hour laws generally only governed the amount of payment, while state wage payment law covered issues of untimeliness. The change in the federal law particularly affects states like Virginia whose wage payment law contains few penalties. In contrast, federal wage and hour laws have liquidated damages and fee-shifting provisions that seriously punish late-paying employers. The case is Martin v. United States, No. 13-834C (Fed. Cl. July 31, 2014).

The government sought dismissal of the Martin lawsuit claiming that its faiure to pay “excepted” employees (those forced to work during the shutdown) on their normal payroll dates did not violate the Fair Labor Standards Act (FLSA). Citing to a federal law called the Anti-Deficiency Act, the government claimed it would have broken this law if it had paid on time. Drawing upon prior FLSA case law, the government argued that federal wage and hour law is not violated by a temporary delay in payment (in this instance, a two-week delay).

The Court of Federal Claims denied the motion to dismiss, relying upon federal court decisions concerning what constitutes an FLSA violation and when the statute of limitations starts running for FLSA cases. These include a 1945 Supreme Court decision that states that an FLSA violation occurs when an employee is not paid on time. The Court also relied upon a Ninth Circuit decision involving state workers whose paychecks were delayed due to a budget impasse, Biggs v. Wilson, 1 F.3d 1537 (9^thCir. 1993). Citing that decision, the Court held that the FLSA violation must occur “when an employee is not paid on a regularly scheduled payday.” The alternative, according to the Court, “would create sufficient uncertainty as to when a violation occurs and statutory enforcement would prove unworkable.”

This decision only denied the government’s motion to dismiss, and did not rule on the case as a whole. By recognizing the availability of such a claim, however, the Court appears open to expanding the FLSA to include timeliness issues. If this occurs, employers could face additional sanctions for delays in payroll payments, including liquidated damages and attorney’s fees.

Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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   Amanda Stallard 
 
 
 
 Trustindex verifies that the original source of the review is Google. Retaining the services of Mr. Albo for traffic court was probably the best decision I made. He is very responsive to emails, knowledgeable, and punctual. He provided excellent advice that eased the panic of having to go to the court house and stand before a judge. I am very happy with the outcome of my visit to traffic court and highly recommend Dave Albo.
  
 
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   Mark West 
 
 
 
 Trustindex verifies that the original source of the review is Google. Mr Albo was very professional and I was pleased with the outcome.
  
 
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   M 
 
 
 
 Trustindex verifies that the original source of the review is Google. David was incredible to work with from clear communication and next steps. To showing up to traffic court early to walk over all steps, making case in court as experienced/intelligent/well spoken lawyer. Lastly, he even followed after case in writing to confirm the outcome outlining everything that happened in lamen terms (in my case the best outcome we could ask for). I’m so appreciative to David.
  
 
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   mitquinn88 
 
 
 
 Trustindex verifies that the original source of the review is Google. Absolutely top notch representation. Can't thank Dave enough for his knowledge and expertise.
  
 
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   G R 
 
 
 
 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
 Trustindex verifies that the original source of the review is Google. I am THRILLED with the outcome of my case, all thanks to Attorney Albo's superb expertise, excellent advice & sharp negotiating skills! I am extremely relieved and  grateful; I highly recommend retaining his services. Well beyond worth it!!
  
 
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   Doug Damron 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave did a great job representing me for my traffic court infraction! I wanted the best and his name came up as I searched for an attorney. Highly recommend him on all levels including a successful outcome to my case.