Pennsylvania has a powerful Wage Payment and Collection Law statute, 43 P.S. §260.1 et seq. Under the statute, if an employee’s “wages” are withheld for more than 30 days in bad faith, the employee may be awarded liquidated damages in the amount of 25% of the amount that had been withheld. Of course, this is in addition to the recovery of the wages themselves and the term “wages” is defined very broadly. Additionally, a prevailing employee is entitled to an award of attorneys’ fees and costs. Finally, the statute provides for individual liability against managerial decisionmakers of the employer. Knowing the ins and outs of this statute is critical to prosecuting or defending a claim brought under the Wage Payment and Collection Law. Whether you are an employee whose wages have not been paid, or an employer whose employee is asserting a claim for alleged unpaid wages, it is important to engage counsel from the outset to shepherd you through the process.
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