I am a salaried, contracted nurse practitioner employee working for a private medical clinic. My employer has been late in paying us several times. Most of the time the paychecks are a week late. We have complained several times but the management always dismisses our complaints. I work in the state of Florida. Not paying me on time is a direct breach of my contract. I have read that late payment is no payment per FLSA. If I were to resign, can I file a complaint with DOL to get liquidated damages in terms of these late paychecks or can I pursue a lawsuit under FLSA?
Failure to pay you is probably a breach of the contract; but you should contact a lawyer and have them review all the documents and advise you how to get paid current, and then resign based on the breach.
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