Wage theft is when an employer unfairly and illegally underpays an employee or withholds their earnings. It can result in financial strain and job insecurity.
If you’re dealing with stressful wage theft, there are effective ways in which to resolve the situation and receive the money you’re owed.
This article explores wage theft in greater detail, providing information about the common types of wage theft, how to deal with it, and when you should consult with a lawyer to navigate the stressful situation.
What are Common Types of Wage Theft?
Wage theft isn’t always solely about monthly earnings. Some of the most common wage theft forms include the following:
- Employers requesting employees to complete tasks before or after their shift.
- Not paying overtime.
- Paying less than the federal or state minimum wage.
- Taking tips employees have earned, such as in the service industry.
- Denying employees’ legal meal breaks or making them work during their breaks.
- Classifying employees as independent contractors on purpose to reduce their benefits and pay.
What Steps Should You Take Against Wage Theft?
If you’re dealing with wage theft, there are important things you should do to voice your rights and recover your lost funds.
Gather Evidence of Wage Theft
You should collect evidence to show that you’re not being paid what you’re owed. This can include pay stub copies, timesheets, and records of hours that you’ve worked.
You should also save messages exchanged with your employer that display evidence of wage theft, such as if you complained about not receiving payment and they never responded to you.
Consider the Local Laws
Your job role might mean you’re entitled to getting overtime or other wages, but this isn’t the case for every job or state. It’s crucial to do your research into employment and wage laws in your location to understand your rights.
Communicate with Your Employer
You should try to discuss the payment issue with your employer or HR department. The issue could be a result of an admin error that needs to be corrected, preventing escalation over a misunderstanding.
File a Complaint
If you’ve tried to communicate about your wage concerns with your employment but they’re not responsive, you can file a complaint with the U.S. Department of Labor. Its Wage and Hour Division (WHD) can assist you if you need to recover unpaid wages or overtime pay, or if you’re dealing with minimum wage violations.
Review Your Job Classification
As earlier mentioned, some employers might be classifying you as an independent contractor so that they don’t have to pay you for benefits or can reduce your pay in a so-called “legal” way.
To check if there are any inaccuracies in how you’re classified, you can chat to your HR manager. Review your job description so you can see if these match your classification or not.
Avoid Confronting Your Employer
If you suspect wage theft, you should avoid letting your emotions run away with you, such as by aggressively confronting or fighting with your employer. This could cause you more problems, such as by landing you in legal trouble.
How Can a Lawyer Help You With Wage Theft?
Hiring a lawyer can assist you through the wage theft dispute. It’s essential to contact a lawyer as soon as you have wage theft suspicions because they can help you by:
- Reviewing your payment contracts, schedules, and expected income to identify instances of wage law violations.
- Collecting evidence that supports and strengthens your claim.
- Negotiating with your employer on your behalf.
- Sending formal documents, such as demand letters, to ensure you get paid what you’re owed.
- Filing a claim against your employer if they don’t pay you.
- Protecting you against employer retaliation. Your employer isn’t allowed to punish you for reporting wage theft. If they do, this could result in you gaining more damages.
What Legal Remedies are There for Wage Theft?
If you’re the victim of wage theft, you can recover your lost income. Your lawyer will help you, based on legal remedies in your state and the nature of the wage theft.
Damages you could receive include back pay for unpaid wages, or interest and penalties.
How Can You Prevent Wage Theft?
While it’s the company’s responsibility to safeguard against wage theft, there are things you can do as an employee to protect yourself and spot the early signs of wage theft.
Know the Wage Laws
Get informed about your state’s wage and income laws so that you know your rights and will be able to spot violations as soon as they arise.
Chat About Wages with Coworkers
Having transparency in your relationships with coworkers about wages can help you to compare situations, identify discrimination (such as if only certain people are being denied wages), and address unfair treatment in the workplace as a group.
Closely Review Employment Contracts
When you receive an employment contract to sign, scrutinize your job roles and duties, role classification, and payment schedules. This will ensure that you can spot any vague or unfair clauses.
It’s worth getting your contract reviewed by a professional employment lawyer who will be able to ensure the contract is legally sound, fair, and just. On ContractsCounsel, you can post a request for free to get your contract reviewed.
You’ll receive multiple bids from lawyers who want to review your contract. You can choose the best one for your specific requirement, based on their client reviews, experience, and field of expertise.
Check Pay Stubs Regularly
You should take the time to check your pay stubs every month and ensure they match up with how many hours you’ve worked. This will alert you to any errors, enabling you to deal with and resolve them as soon as they occur.
Do you need a lawyer for wage theft?
Contact a wage theft lawyer on ContractsCounsel. All the lawyers on the platform are vetted, professional, and interested in your case. They’ll help you navigate your specific case of wage theft to protect your rights and help you recover your unpaid wages.
