Morristown, NJ employment law attorney Chris Lenzo talks about the damages that can be awarded in a wage theft case. He explains that in cases where an employer engages in wage theft—failing to pay an employee the agreed-upon compensation—the employee has the right to recover the unpaid wages. In addition to the back pay, the employee may be entitled to liquidated damages of up to 200%. For example, if an employee is owed $100,000 in unpaid wages, a court could award an additional $200,000 in liquidated damages, for a total recovery of $300,000. The law presumes that liquidated damages should be awarded unless the employer can demonstrate, with the burden of proof on them, that the failure to pay was a good-faith or inadvertent error.

Beyond unpaid wages and liquidated damages, the employee may also recover attorney’s fees. At the conclusion of the case, the employee’s attorney would submit a request to the court detailing the work performed and the applicable hourly rates, and the court can order the employer to cover those fees as well.