Fast food workers have stressful and demanding jobs. If you are a fast food worker, you probably don’t earn a fortune, and you depend on your paycheck to pay your bills.
There are millions of workers across the United States who fall victim to wage theft every year.
You only have limited time – 180 days – to pursue a wage theft case after such incidents, so you must be attentive and check your paycheck every time to ensure you are paid your earnings.
Many workers fail to notice that they are falling victim to wage theft until later and until they have lost a considerable amount of money.
You should always document the time that you worked, take note of all breaks, and, also jot down some of the coworkers because they are witnesses who can confirm that you worked that specific shift.
You will need supporting documentation for a successful claim against your employer for wage theft. As a fast food worker, you must be proactive to stop wage theft.
Ways A Fast Food Worker Could Suffer Wage Theft
Wage theft comes in many forms. The Fair Labor Standards Act (FLSA) establishes guidelines that must be followed to ensure that workers are paid fairly and timely.
As a fast food worker, you should pay close attention to your paychecks. You may not be paid for all the hours that you worked. You should document your time and keep copies that replicate timecards.
Your hours worked could vary from your scheduled time because you may work over, or you may be asked to cover a shift.
You should also be paid at least minimum wage. Keep any employee handbook and employment contract. This will help determine your agreed hourly wage.
They cannot pay you less than minimum wage, but if your agreed wage is higher, they cannot pay you less than the agreed amount. You should also make note of any breaks.
If you are not paid for your 15-minute breaks, and law requires that you be paid, then that is wage theft.
If you are asked to work through your lunch break then are not paid for that time, then you are a victim of wage theft.
What To Do If You Are A Fast Food Worker Who Suffered Wage Theft
If you have suffered wage theft as a fast food worker, you should gather the supporting documentation. This will include timecards, paystubs, documented breaks, and statements from witnesses who can confirm the shifts and hours that you worked.
Surveillance cameras in the restaurant will most likely be able to show your work hours as well.
You will need to gather all the supporting documentation and then file a formal complaint with your employer.
You should calculate the total of your lost earnings – the wages that your employer should have paid you and did not. Keep proof that you filed this complaint.
If your employer doesn’t take your complaint seriously, or if the matter isn’t resolved to your satisfaction, you will need to take the complaint to the next level. You will file a complaint – with the supporting evidence – with the Wage and Hour Division.
They will investigate and ask that your employer pay you the stolen wages. If that doesn’t settle the issue, you will be told that you could benefit from filing a lawsuit.
At that point, when a lawsuit is filed, a judge or a jury will determine the outcome of your claim.
If you have supporting evidence and can prove the value of your damages, then your employer will be ordered to pay you. They can also face penalties for violating the law.
How An Employment Lawyer Can Help
If you have been the victim of wage theft as a fast food employee, you should enlist the help of an employment law attorney.
With the help of a lawyer, you are much more likely to have a successful claim against your employer and recover your losses.
When you meet with an employment law attorney, you will need to go over the lawyer’s payment plans.
Some wage theft attorneys require a retainer to be paid in advance while others will take cases on a contingency basis and not be compensated until the claim has been won.
There is a limited timeframe to pursue a wage theft case against your employer, so complete the Free Case Evaluation Form on this page and share the details of how you have suffered wage theft as a fast food worker.
