4.11 Damage: Back Pay is a type of damages awarded by a court or other tribunal to a plaintiff who has been deprived of wages due to the defendant's wrongful act or omission. This type of damages is part of the legal concept of 'restitution', which requires that a person who has suffered a financial loss due to another's wrongful conduct should be put back in the position they were in prior to the wrongful act taking place. Back pay awards are commonly sought in cases of wrongful termination, breach of contract, discrimination, and other civil wrongs. There are two types of back pay: compensatory damages, which are awarded to reimburse a plaintiff for actual losses suffered, and punitive damages, which are awarded to punish a defendant for their wrongful conduct.
4.11 Damage: Back Pay .
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FAQ
Back pay is typically calculated as the difference between the earnings that the plaintiff could have been expected to earn at the employer/defendant and the actual and/or expected earnings from replacement employment.
In contrast, the New Jersey Wage Payment Law N.J.S.A., -4.1, et. seq. (WPL) requires every employer to pay the full amount of wages due its employees at least twice during the calendar month on regular paydays designated in advance.
As back pay is deemed to be a supplemental wage, withholding income tax depends on how you made the back payment: For separate payrolls: a flat 22% in income taxes should be withheld.
If an employer withholds your pay for any reason, you may be entitled to back pay. The Fair Labor Standards Act (FLSA) has provisions to protect workers from unfair labor practices and empowers the U.S. Department of Labor to file a suit on your behalf.
When you leave a job, your employer can only ask you to pay back money if it's for something you've specifically agreed to in writing.
Retroactive benefits cover the period of time between the date you became disabled and the date you applied for disability benefits. Back pay refers to the time between the date you applied for benefits and the date you were approved for benefits.
Key Takeaways. Back pay is the amount of salary and other benefits that an employee claims that they are owed. The most common reason to claim back pay is for wrongful termination. However, employees who have been underpaid, discriminated against, or passed over for promotions may also be eligible for back pay.
Back Pay Under a Statute Back pay awarded under a statute is a payment by an employer following an award, determination, or agreement approved or sanctioned by a court or government agency responsible for enforcing a federal or state statute that protects an employee's right to employment or wages.