Section 790.21 - Time for bringing employee suits

1 Analyses of this regulation by attorneys

  1. Late Payment Resulted In An FLSA Violation

    Fisher & Phillips LLPJohn ThompsonAugust 13, 2014

    In so doing, it noted a U.S. Labor Department interpretation saying, "The courts have held that a cause of action under the [FLSA] for unpaid minimum wages or unpaid overtime compensation and for liquidated damages 'accrues' when the employer fails to pay the required compensation for any workweek at the regular payday for the period in which the workweek ends." 29 C.F.R. § 790.21(b)(emphasis added). The court further relied in part upon USDOL's general FLSA interpretation that "overtime compensation earned in a particular workweek must be paid on the regular pay day for the period in which such workweek ends."