When you clock in to work there is an understanding that you will be paid for the work completed. But what happens when your shift has been cut short, or if you are told to report to work for a second shift that only lasts two hours?
The bottom line is that you must be paid for any work completed. If you are not paid for the work you have done, then this could be considered wage theft.
Wage theft is when employees are not paid according to minimum wage guidelines, not paid overtime, not paid for the total number of hours worked, not given a final paycheck upon leaving a job or not being paid at all.
Another issue relating to wage theft is the payday schedule. Each state has a set of guidelines that determine the mandatory minimum pay schedule for workers. That schedule can include common payday formats like weekly, bi-weekly, semi-monthly or monthly.
No matter how many hours you worked, you should be paid for that time. If you were not paid appropriately or in a timely manner, then you could be looking at a wage theft claim.
Hours You Need To Be Paid For?
Some jobs have fluctuating schedules, especially ones that have busy seasons like the retail industry during the holidays. In some cases, you could be called into work for a short shift, only to be sent home in the middle of it.
When that happens, you might wonder whether or not you should be compensated for that time.
In short, yes. But it all depends on where you live. Here are some common situations that require employees to be paid:
- Show-up Pay”: Some states have laws in place so that if you show up for a short shift and are sent home, you are paid for all or some of those hours. In Massachusetts, for example, if you have been scheduled for 3 hours and are sent home, then you would still receive payment for those three hours. In California, you would be paid for half of the time you were scheduled to work if you are sent home early.
- Overtime: If you are an overtime-eligible employee, then you would be entitled to overtime pay when you work more than 8 hours in a day or more than 40 hours in a week.
- Paid Breaks: If you are scheduled for breaks during the work day, then you should be paid for them. The only break you are required to clock out for is your lunch break, which is usually 30 minutes to an hour. Generally, employees remain on the clock for their 10- or 15-minute breaks. If you work through your break but were clocked out for it automatically, then you should be compensated for that time.
If you discover that you have not been paid for time that you should have been paid for, then you might have a wage theft claim.
What To Do If You Were Not Paid For Hours Worked?
If you see that you were not paid for the hours you worked, your first step should be to speak with your supervisor or human resources to determine the cause of the problem. In many cases it can be as simple as human error or a clerical mistake.
If your employer is not willing to correct the error, then your next step is to either file a wage theft claim with the Department of Labor’s Wage and Hour Division (WHD), or you can file a private lawsuit.
A claim can be filed with the WHD either online, by mail, by phone or in person at one of the many branch locations. You can also speak with an employment attorney, who can either help you with your claim, speak with your employer directly to correct the issue or help file a private lawsuit on your behalf.
Get Help With Your Claim
Filing a claim against your employer can be intimidating and stressful in an already stressful situation. Having the benefit of an experienced employment attorney advocating on your behalf can be a huge source of relief.
Not only will an employment attorney help you navigate the complexities of a private lawsuit, but you will also have the peace of mind knowing that your case is as strong as it can possibly be.
An employment lawyer will help you determine whether it makes sense to file a claim with the WHD or to file a private lawsuit. He will help you gather evidence and build a strong case, and though there is no guarantee that working with an employment attorney will ensure that you win your case, it will greatly improve your chances of a favorable outcome while also ensuring that you will obtain the biggest settlement possible.
Another benefit to working with an employment attorney is that many of them work on a contingency basis, meaning you will not have to pay anything upfront and you will only pay if you win your case. That means there is very little risk hiring an employment attorney.
To find out how an employment attorney might be able to help you, fill out the free case evaluation.
