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Back pay awarded,but not at my pay rate!?!

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Old Jul 28th, 2007, 02:08 AM     #1
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EEK! Back pay awarded,but not at my pay rate!?!

To make a long story not so long,I will be awarded back pay from my employer for being wrongly "suspended/laid off/told I couldnt work"-whtevr you want to call it... When I asked the Director of HR for the East Coast offices...."exactly how does the company figure out what my back pay will be..," she stated that because my weekly hours worked were not always the same, they would find the "average" of hours worked.(I wouldve worked 36hrs one week,42 the next, 36,42.......and so on.) She also stated that the dollar total would be based on minimum wage............that's $5.85 an hour!!!!! I make $22.50an hr!!!! Is there a law in place that actually reads that I can only be paid back pay at a minimum wage rate???? Please tell me there's not. They are compensating me for a total of 17 weeks of back pay(April8th-July 31st). According to my calculations, (I DID NOT average my hrs,I used ACTUAL hrs I wouldve worked plus 3 days out of those 17 weeks, I wouldve been paid double time at $45 hr as that is what my company pays nurses that work on holidays) I would be owed roughly $17,168gross. If I am compensated at minimum wage rate, Im looking at getting only $4,280gross. Thats a HUGE difference!!!!!!(I wouldve brought home more money than that in a MONTH!!!) Please help me as I need to know if there is any federal or state law that says what rate back pay should be given at. I live in VA. Also- is back pay given on averages of hrs I wouldve worked, or should it be figured on the actual hrs I was scheduled to work? Someone please help me as soon as possible!!!!!
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Old Jul 30th, 2007, 10:15 AM     #2
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Default Re: Back pay awarded,but not at my pay rate!?!

You should be getting your pay not min. wage.

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.
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