I am getting back pay. But how much?

[sparkyg]

What is the name of your state?What is the name of your state? Texas

PART ONE
I posted here a few months ago about back pay for unpaid travel time. I approached my employer and they agreed that they were wrong and have promised to make me whole. They asked for an estimate of what I believe they owe me. I don't want to cut myself short so, am I entitled to:
1. interest- if so how much?
2. 401k match?
3. lost earnings on 401k?
4. anything else?

PART TWO
My company says they will only pay me going back to when our new "holding" company bought us (about 1 year ago). The back pay prior to that (5 years worth) was under our previous owner. When I ask the old company for back pay, can I ask for the entire 5 years worth? I believe the statute of limitations is 2 years. Does this mean I have 2 years from the last occurence or does it mean I can only get back pay for 2 years back from today's date?

 

[cbg]

Wait a minute. You're talking about unpaid travel time? Or back wages?

 

[sparkyg]

i was not paid for daily travel time. They only gave me 1/2 hour per day to travel to a jobsite. The actual time takes 1.25 hours. They are going to pay the difference for each day for the past year. It is put on my timesheet under the billing code for travel. So yes it is unpaid travel time and yes it is back wages. Unless my definitions of these words are wrong.

 

[sparkyg]

can anyone help?

 

[sparkyg]

still need advice, if anyone can help.

 

[Beth3]

I don't want to cut myself short so, am I entitled to:
1. interest- if so how much? No, you are not entitled to interest.
2. 401k match? Yes. When you receive the wages for the travel time, a 401(k) contribution must be made under whatever parameters are in your employer's plan.
3. lost earnings on 401k? No. What if your 401(k) investments had gone down - would you want a deduction made for the loss??
4. anything else? No.

Part Two

Your current employer is not liable for violations the prior owner engaged in. Your present employer providing back pay from the date they purchased the company is the proper thing for them to do.

 

[sparkyg]

Thank You.
How many years of back pay can I ask from my previous employer?
Should I just let the DOL try to recover it for me? - (Blatent admitted violations.)

 

[cbg]

Under the law, you cannot go back more than two years; three if the violation is determined to be willful. Yes, you should let the DOL handle it.