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in a situation where uh an employer has
engaged in what we call wage theft not
paying the employee the agreed upon uh
compensation the employee can recover
the compensation that they were denied
um and they also can recover in addition
um up to a uh 200% liquidated damages
meaning that for example if the employee
is owed $100,000 in unpaid wages uh they
would be able the court could
potentially award up to another $200,000
on top of that um for a total of
$300,000 the other $200,000 being
liquidated damages the court is supposed
to award liquidated damages unless the
employer can show with the burden on the
employer that it was a a good faith uh
error or an inadvertent error in
addition to the wages owed and those
liquidated damages the employee can also
recover um their attorney’s fees meaning
that at the end of the case the
employees attorney would apply to the
court and say “here’s all the work we
did here’s our hourly rate.” and then
the uh employer would be ordered to pay
Morristown, NJ employment law attorney Chris Lenzo talks about the damages that can be awarded in a wage theft case.