retroactive pay

[rio823]

my husband was given a promotion and a raise on 8-11-00. it is now 10-19-00 and he has worked in his new position since 8-11-00, but has yet to receive his raise. his boss blames his boss and so on. they finally say that he should receive his higher wage in about two weeks. he got word from someone is his company that the head guy "doesn't like" to give retroactive pay. is he legally entitled to this pay. we live in va, he works in D>C. and the company is based in OH, but has a closer office in MD. please advise if he should seek counsel to receive his back pay for more than 2 months.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I think you really know about conflict of law rules and jurisdiction issues. I am glad you hit all bases because these might be relevant, as far as retroactive pay is concerned.

Can you show proof of the 8-11-00 status change with raise? I..e letter, email, voice mail, etc? If so, good job in keeping this record.

As to getting this money, I would imagine you would be entitled to that and then some (interest, etc) since he did receive the raise and work in that new capacity. Talk to a lawye in employment labor law to straighten this out.

Here is some information I found from the Fair Labor Standards Act:
FLSA Advisor
Wage and Hour Division
Employment Standards Administration
Frequently Asked Questions

When are pay raises required?

Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the Federal minimum wage are not required by the FLSA.

Here is a link to Virginia labor section, for example. Check out the sections I have indicated. I don't think Virginia would necessarily be the right one, but it helps to have it here just in case: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC40010000003000000000000
40.1-29 Time and medium of payment; withholding wages; wri...
40.1-30 Registration of certain nonresident employers with...
40.1-31 Assignment of wages and salaries; requirements
40.1-32 Partial assignments invalid
40.1-33 Certain assignments not affected

 

[rio823]

thank you for your reply. he has a copy of the form that he signed with his boss that day that shows the new position he was to take and the new rate of pay. i will research all the info you provided. thanks again for your reply.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

I think you really know about conflict of law rules and jurisdiction issues. I am glad you hit all bases because these might be relevant, as far as retroactive pay is concerned.

Can you show proof of the 8-11-00 status change with raise? I..e letter, email, voice mail, etc? If so, good job in keeping this record.

As to getting this money, I would imagine you would be entitled to that and then some (interest, etc) since he did receive the raise and work in that new capacity. Talk to a lawye in employment labor law to straighten this out.

Here is some information I found from the Fair Labor Standards Act:
FLSA Advisor
Wage and Hour Division
Employment Standards Administration
Frequently Asked Questions

When are pay raises required?

Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the Federal minimum wage are not required by the FLSA.

Here is a link to Virginia labor section, for example. Check out the sections I have indicated. I don't think Virginia would necessarily be the right one, but it helps to have it here just in case: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC40010000003000000000000
40.1-29 Time and medium of payment; withholding wages; wri...
40.1-30 Registration of certain nonresident employers with...
40.1-31 Assignment of wages and salaries; requirements
40.1-32 Partial assignments invalid
40.1-33 Certain assignments not affected <HR></BLOCKQUOTE>