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Prompt Payment of Overtime/Minimum Wage

Update 10/19/2022

The Fair Labor Standards Act (“FLSA”) requires “prompt payment” of overtime pay and minimum wages.  Although the statute itself not explicitly require that wages to be paid on time, the courts have long interpreted the statute to include a prompt payment requirement. See, e.g., United States v. Klinghoffer Bros. Realty Corp., 285 F.2d 487, 491 (2d Cir.1960) (“While the FLSA does not expressly set forth a requirement of prompt payment, such a requirement is clearly established by the authorities….”). More than fifty years ago, the Supreme Court explained that the FLSA:

constitutes a Congressional recognition that failure to pay the [statutory wage] on time may be so detrimental to maintenance of the minimum standard of living necessary for health, efficiency and general well-being of workers’ and to the free flow of commerce, that double payment must be made in the event of delay in order to insure restoration of the worker to that minimum standard of well-being.

Brooklyn Sav. Bank v. O’Neil, 324 U.S. 697, 707 (1945) (footnote omitted). The idea of “prompt payment” of wages under the law is nothing new.  As the Florida Supreme Court has observed, the basic philosophy is to insure and secure prompt payment of compensation to the man who works for his wages. The smaller the award of compensation, the greater is the need for the prompt payment thereof. It is common knowledge that those who work for small wages are dependent upon such wages for their immediate livelihood. Failure to secure the payment of such wages for such individuals, will cast a burden onto society for their support.

If you have not received prompt payment of your wages, please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill out the online form located on our website.

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