Back Pay Laws and Penalties by State
Back pay laws vary significantly across US states. Some states have strong protections including waiting time penalties, liquidated damages, statutory interest rates, and double or triple damages. This guide breaks down the laws in all 50 states.
States with Strong Back Pay Protections
These states have waiting time penalties, liquidated damages, statutory interest, or other strong protections:
Alaska
Liquidated Damages
California
Waiting Time Penalty, Liquidated Damages, 10% Interest
Colorado
Waiting Time Penalty, Double Damages
Connecticut
Waiting Time Penalty, Liquidated Damages
Hawaii
Waiting Time Penalty
Illinois
Waiting Time Penalty, Liquidated Damages
Maine
Waiting Time Penalty, Liquidated Damages
Maryland
Waiting Time Penalty, Liquidated Damages
Massachusetts
Waiting Time Penalty, Liquidated Damages, Triple Damages, 12% Interest
Nevada
Waiting Time Penalty
New Jersey
Waiting Time Penalty
New York
Waiting Time Penalty, Liquidated Damages
Oregon
Waiting Time Penalty
Rhode Island
Waiting Time Penalty
Washington
Waiting Time Penalty
Understanding State Back Pay Laws
While federal FLSA provides minimum protections for unpaid wages, many states have stronger laws that provide additional remedies. These can include:
Waiting Time Penalties
Some states require employers to pay final wages immediately or within a few days. If they fail to do so, employees may be entitled to waiting time penalties—additional compensation for each day the payment is late. For example:
- California: Up to 30 days of wages as a penalty for willful violations
- Other states: Varying penalty amounts, typically 1-30 days of wages
Liquidated Damages
Liquidated damages are additional compensation equal to the unpaid wages, effectively doubling what you're owed. States that allow liquidated damages include:
- California
- New York
- Illinois
- Connecticut
- Maryland
- Maine
- Alaska
Statutory Interest Rates
Some states have statutory interest rates on unpaid wages:
- California: 10% per annum
- Massachusetts: 12% per annum
- Other states may award interest at court discretion
Double and Triple Damages
Some states allow double or triple damages for willful violations:
- Massachusetts: Triple damages for willful violations
- Colorado: Double damages for willful violations
State-by-State Breakdown
Below is a comprehensive breakdown of back pay laws by state. Click on any state to use its specific back pay calculator:
Key Takeaways
States with Strongest Protections
- • California: 10% interest, waiting time penalties, liquidated damages
- • Massachusetts: 12% interest, triple damages, liquidated damages
- • New York: Liquidated damages, waiting time penalties
- • Colorado: Double damages, waiting time penalties
Most States Follow Federal FLSA
- • Most states don't have additional penalties beyond FLSA
- • Federal FLSA allows liquidated damages for willful violations
- • Interest may be awarded by courts even without statutory rates
- • Always check your state's specific laws