If you have been the victim of wage theft, you are not alone. Millions of workers fall victim to wage theft every year. You only have 180 days from the date of the wage theft incident to pursue a claim against your employer to recoup your damages, so it is imperative that you remain attentive and take notice of your paycheck. You should keep track of your hours worked and always check your paystub or paycheck to make sure that you are being paid what you should receive for your hours worked. If you notice a discrepancy, it should be reported right away.
It can be hard to believe that your employer would take money from you. After all, you want to believe that they are looking out for you and your interests. However, it does happen. Sometimes it could be an accident or an oversight, but at other times, it is intentional and the employer knows they are breaking the law, but they are just hoping that they will not be caught and that you will not notice their actions. If you have fallen victim to wage theft, you should get what you are entitled to receive, so you will need to file a complaint against your employer.
Types of Wage Theft
Wage theft comes in many different forms. You need to stay alert and be proactive, so you can catch wage theft early and ensure that the problem is properly and promptly addressed. Here are some ways that wage theft could occur:
- Not being paid for hours worked
- Not being paid agreed wage
- Not receiving minimum wage
- Being improperly classified
- Not being paid overtime
If you notice a discrepancy in your pay, you should be sure to report it right away. You will need to maintain supporting evidence and documentation for your claim. This could include a copy of your employment contract, the employee handbook, copies of paystubs, copies of timecards, and any other documentation that shows what you worked and your agreed pay. Also, statements from coworkers who can confirm when you worked can be helpful to your claim.
Investigating Procedures For Wage Theft Complaints
If you have complained to your employer about wage theft, they should act on it and work to resole the issue. They will need to review your evidence and determine how to proceed with the matter. They should work to resolve the issue and ensure that you are paid what you are entitled to receive. You should make sure you are aware of your rights if you have opened a wage theft case with your employer.
Under the Fair Labor Standards Act (FLSA) protects employees from wage theft and offers special guidance to those who have fallen victim to the illegal practice. If you have submitted a complaint with your employer, you need to maintain evidence that you did so. You will also need to keep track of your response. Your employer has the obligation and responsibility to pursue a claim, if they don’t do so then they are once again in violation of the FLSA.
A higher-ranking executive or a human resources manger should dig into the matter and determine if you were not paid the wages that you deserve, or if a mistake was made. If the matter isn’t investigated and resolved, then you will need to file a complaint with the Wage and Hour Division.
The Wage and Hour Division
The Wage and Hour Division was created with the passage of the Fair Labor Standards Act (FLSA) in 1938. The office promotes and achieves compliance with labor standards to protect and enhance the welfare of the Nation’s workforce. They will work to resolve your wage theft case, and they will investigate the situation and determine if it was accidental or if it is a recurring pattern with your employer.
How An Employment Lawyer Could Help Your Wage Theft Case
Wage theft cases and other employment law matters are complex. An attorney who is familiar with the state and federal employment laws could help you gather the supporting evidence and documentation and ensure your claim is on the right track. You should discuss payment with your lawyer as some require a retainer to be paid upfront and others take the case on a contingency basis.
Don’t wait until it is too late to pursue a wage theft claim against your employer. Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles employment law matters in your area.
