Farming is a difficult job, and we all depend on farmers to ensure we have enough to eat. Farmers work hard for their money, so you if you have suffered wage theft as a farmer, it is important to know your rights and what to do to recoup your losses. There are laws in place that establish wage requirements and set specific guidelines for employers to follow. If you believe you have been subjected to wage theft as a farmer, there are certain processes that you should follow.
It is your responsibility to pay close attention to your paycheck. Keep track of your time worked, and if you notice a problem or a discrepancy, you should report it right away and ask that the matter be corrected. You should maintain copies of time sheets or timecards, keep employment contracts, any work-related documents such as memos and evaluations, and your employee handbook. All this can help you if you need to pursue a wage theft case.
How Wage Theft May Occur When You Are A Farmer
There are many ways in which wage theft may take place. Your employer may not pay you the overtime you earned if you worked more than 40 hours in a week. You will need to prove when you worked and how many hours you worked each week. You may be asked to work through meal breaks, and not paid for that time.
You may be asked to work off the clock, or you may work 10 or 12 hours per day but only paid for 8 hours. Sometimes employers legitimately misclassify employees so they will be considered exempt from being paid overtime, when actually, they are not exempt and deserve the overtime pay that they have earned. Sometimes employees such as farmers as misclassified as contractors, so the company doesn’t consider them as employees and that way they don’t pay them all their earnings, including overtime.
If you believe any of these apply to your situation, you should gather the supporting documentation and then file a complaint with your employer. Keep proof of your notifying your employer. This can be done by notifying human resources or a manager. You should maintain documentation that shows their response. Your complaint should be taken seriously, and they should act on your report.
What To Do If Experiencing Wage Theft As A Farmer
If you have experienced wage theft as a farmer, you should gather the supporting evidence for your claim. Also, ask coworkers who witnessed when you worked to provide written statements that report your time worked and confirm that your statements are correct. You will need to provide copies of your time sheets and be sure to indicate any breaks that you worked. If you can make note of what you were doing each day, that would also help your claim significantly. The more evidence that you can provide, the more likely you are to prevail.
You should include paystubs, so you can easily compare your time sheets to your paystubs and show what you did work and compare your earnings to what you did receive as pay. This will help you show how much pay you are owed by your employer. If your employer doesn’t correct the issue and pay you what you are owed, you will then file a complaint with the Wage and Hour Division. They will investigate and ask your employer to pay you the wages you are owed.
If the Wage and Hour Division don’t get the matter resolved, they will recommend that you file a lawsuit against your employer in a court of law.
How An Employment Law Attorney Can Help
If you are a farmer who has been subjected to wage theft, you do have help and resources available. You should enlist the help of an employment law attorney who handles wage theft cases. An attorney will gather supporting evidence and documentation for your claim. You will be much more likely to succeed with your case.
When you meet with an employment law attorney, go over their payment plans. Some employment law attorneys require a retainer to be paid upfront. Others work on a contingency basis and are not paid until you win your claim. You have a limited time – only 180 days – from the date of the theft to pursue a claim. Complete the Free Case Evaluation Form on this page to share the details of your wage theft claim with an employment law attorney who handles wage theft cases in your area.
Additional Resources
