Willful disregard of FLSA - stipulations on payment

[kismetique]

What is the name of your state? Texas

I've had an ongoing FLSA claim with my employer. They finally admitted that they owed me the overtime wages for a 2 year period.

However, they are saying since they have now paid it, they acted in good faith! Yet, they also admitted that they realize my manager knew I was working the OT for the entire 2 year period. Also, they admitted on a tape recording that they don't like to pay OT because it would set a precedence whereby they might have to pay other employees that they are aware are working OT and not being paid!

Would this not be considered willful violation of FLSA, making them liable to pay me liquidated damages?

One other question...they issued me a check for just the OT, but in a letter stipulated that by accepting the check, I give up my right to liquidated damages and all right & title to the website I created (which I have already legally copyrighted). I have not cashed the check, nor do I intend to.

Can they place such stipulations on the payment of back OT?

 

[pattytx]

Contact the federal Dept. of Labor. I don't think they can put such unrelated stipulations on a check for back pay. Was this a result of a DOL investigation/audit? Also, query the DOL about the whether this was a willful violation. In any case, the company would be fined, but you would not see any of this money.

 

[kismetique]

No, I've not filed with the DOL yet. I will do so within the next couple of days. I should have already and am kicking myself for not doing so yet.

Can you please tell me what facts have to be present for the employer to be liable for liquidated damages? Throughout the 2 years, I tried to get them to pay me several times, but they would laugh at me and tell me to go back to work. I cannot find a definition of what 'willful' and 'good faith' mean exactly.

I guess I cannot believe that after 2 years, they are now saying that since they finally paid me, they are acting in good faith. That just doesn't seem right, so it probably is!

Thanks for your time!

 

[pattytx]

I don't believe the W-H laws strictly define "willfull". It would probably depend upon the circumstances in each case.