Can I fight a government wage order in court if I live in Puerto Rico?
Quick Summary
Yes, you can challenge the Secretary's wage order in court. You must file a written petition in the U.S. Court of Appeals where you live or do business within 60 days of the order.
The situation
I run a small manufacturing business here in Puerto Rico, and about three weeks ago, I received an official order from the Secretary regarding our local wage requirements. The order claims that my company owes my employees an extra $15,000 in back pay based on a recent industry committee review. I strongly disagree with their findings because I believe their math is wrong and they ignored my payroll records from last year. I already attended the committee meeting to argue my case, but they rejected my explanation and issued the final order anyway. Now that I have this official paper in my hand, I want to know if I can take this to a federal court to have a judge look at it and potentially cancel or change the amount I have to pay. I need to know if I can file a petition in the Court of Appeals where I live to challenge the legality of this decision. Also, if I ask the court to pause the order so I don't have to pay the workers immediately while we fight this, do I have to put up some kind of money or a bond to guarantee they get paid if I eventually lose the case?
Detailed Analysis
Because you are aggrieved by the Secretary's order regarding the $15,000 in back pay, you have the right to seek a judicial review. You can file a petition in the United States Court of Appeals for the circuit where your business is located to ask that the order be "modified or set aside in whole or in part"[1]. This means you can ask a judge to change the amount or cancel the order entirely.
However, there are strict rules for your challenge. First, you must file your written petition "within 60 days after the entry of such order"[1]. Second, the court's review is limited. It will look at questions of law and whether the industry committee's findings were supported by "substantial evidence"[1]. Since you already attended the committee meeting to argue your case, you have likely met the requirement that objections must be urged before the committee[1].
Regarding your request to pause the order (known as a 'stay'), simply filing the lawsuit does not automatically stop you from having to pay. The law states that "the commencement of proceedings... shall not, unless specifically ordered by the court, operate as a stay of the Administrator’s order"[1]. If you want the court to grant a stay so you don't have to pay the workers immediately, you must provide an "undertaking with a surety or sureties satisfactory to the court"[1]. This is a financial guarantee, such as a bond, to ensure that if you lose the case, the money is available to pay the employees the amount they were originally owed[1].
Statutory Citations
Legal Citation: Fair Labor Standards Act of 1938 § 29 U.S.C. § 210 — Court review of wage orders in Puerto Rico and the Virgin Islands
"Any person aggrieved by an order of the Secretary... may obtain a review of such order in the United States Court of Appeals for any circuit wherein such person resides or has his principal place of business... by filing... within 60 days after the entry of such order a written petition praying that the order of the Secretary be modified or set aside in whole or in part."View Official Legislation →
Legal Citation: Fair Labor Standards Act of 1938 § 29 U.S.C. § 210 — Court review of wage orders in Puerto Rico and the Virgin Islands
"The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking with a surety or sureties satisfactory to the court for the payment to the employees affected by the order, in the event such order is affirmed"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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