Back pay under a statute is a payment by the employer following an award, determination
or agreement approved or sanctioned by a court or administrative agency charged with
enforcing a Federal or State statute protecting an employee's right to employment
or wages.
Examples of these statutes are:
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Age Discrimination in Employment Act;
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Americans with Disabilities Act;
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Fair Labor Standards Act, Walsh-Healey Act, and Davis Bacon Act;
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National Labor Relations Act or a State labor relations act; and
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Payments based on legislation comparable to and having a similar effect as those listed
above may also qualify as statutory back pay.
The fact that the award amount may have been agreed to by the litigants involved,
and not determined by the court or administrative agency, does not affect the status
of the payments. The payments still constitute back pay under a statute.