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[03/04] No is no: More men file sexual harassment claims
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PENNSYLVANIA'S WAGE PAYMENT AND COLLECTION LAW
Posted by: John Gallagher
July 06, 2009
Topic: Employment Law
If you are owed money by your employer, you can recover under Pennsylvania's Wage Payment and Collection Law, 43 Pa.C.S.A. §260.1 et seq. ("WPCL"). WPCL provides that any employee prevailing on a claim for wages is entitled, in all cases, to full and complete reimbursement for all legal fees and costs incurred in pursuing such wages in Court. This is in contrast to the general rule that each party in litigation pays his/her/its own legal fees. WPCL also provides that any individual who participates in a decision to wrongfully withhold such wages can be held individual liable. This is in contrast to most laws, which do not permit individual officers/agents/managers of corporations to be held accountable for the acts of the company. Under WPCL, the employee is entitled to liquidated damages (i.e. a penalty) equal to 25% of the unpaid wages if the decision to withhold wages was not made in good faith. The statute of limitations for a WPCL claim is 3 years.
What are wages under WPCL? The term includes, among other things, ordinary salary or hourly pay, promised severance or bonus payments, earned commissions, accrued vacsation or personal time and stock option benefits.
The WPCL is a very powerful tool, and employees who feel they are owed money have an excellent chance of recovering what they are owed thereunder.
