Wage theft is more common than people realize, especially for domestic workers. Every year domestic workers are cheated out of millions of dollars in wages and benefits by employers.
Wage theft often goes unreported because domestic workers don’t realize that wage theft is happening or they don’t know what their rights are when it comes to what they are entitled to.
If you’ve been a victim of wage theft you can get help from both state and Federal agencies that help protect the rights of domestic workers. An employment lawyer can help you file a claim against an employer if you’re a domestic worker that has experienced wage theft.
Examples On How Wage Theft That a Domestic Worker May Face
What is wage theft? Often wage theft is hard to recognize, especially for domestic workers that are immigrants or don’t speak English as a primary language because they may not understand that what an employer is doing is wage theft. Some common types of wage theft faced by domestic workers includes:
Not getting paid overtime: workers are entitled to be paid at overtime rates for any time over 40 hours in a consecutive seven day period. But often domestic workers are not paid overtime even though they work more than 40 hours. That’s wage theft.
Not getting paid at all: You must be paid for all the hours that you are working. Your employer cannot refuse to pay you for time that you were required to work even if that time falls outside of your usual schedule.
If you had to come in early or stay late you must be paid for that time. Any time that you spend on work related activities must be paid by your employer.
Not getting breaks: Does your employer expect you to work through meal breaks or other breaks but won’t pay you for that time? That’s wage theft. You are legally entitled to take breaks, and your employer can’t refuse to pay you for time that you have worked.
What to Do If You Are a Victim of Wage Theft
If you suspect that you have been a victim of wage theft it’s important to gather as much documentation as you can to help support your claim.
This can be difficult for domestic workers who often are paid in cash so they don’t have check stubs verifying their pay and also usually don’t get written schedules which can make it difficult to prove hours worked.
However, you can document your pay by taking photographs of the cash you are given or making bank deposits with that cash to document the days and amounts when you are paid.
You can write down the hours that you work to keep track of how many hours you are working each week. Keeping accurate records will help you when you file a claim for wage theft.
How to File a Claim
There are a couple of different options when it comes to filing a claim for wage theft. The state you live in may have its own state labor authority that you can file a complaint with.
You can also file a Federal complaint with the Department of Labor. Some states have adopted Worker’s Bill of Rights for domestic workers which offers additional protections specifically for domestic workers.
If you live in a state with a Worker’s Bill of Rights you might be better off filing a state claim rather than a Federal one. That’s why you should talk with an employment attorney who can advise you on the best way to file a claim.
Since every worker’s situation is unique talking with an employment lawyer is the best way to get advice on your specific situation.
Get a Free Case Evaluation
The first step in filing a claim against your employer for wage theft is talking with an employment attorney. An employment lawyer with experience in your state can tell you more about your state’s labor resources, help you gather evidence, and give you advise based on your specific circumstances.
If you are a domestic worker who suspects that your employer has engaged in wage theft fill out the free case evaluation sheet now to get connected with employment attorneys in your area that can help you.
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