Grocery stores come in all sizes and shapes. Many stores are open long hours so they need to not only have a means of taking money from customers but also workers to keep shelves filled with shoppers’ daily requirements. The sorts of jobs in grocery stores include managers and supervisors, check-out operators, shelf stockers and janitorial employees who provide security, maintenance and cleaning services.
Many Jobs and Different Shifts Increase the Chance of Wage Theft
Not only are there a great variety of jobs in a grocery store the shifts vary too depending on how long the store is open. This gives every opportunity for a grocery store employer to engage in wage theft without the worker knowing. Billions of dollars in wage theft take place every year, but also many employers are confronted by their workers and lawsuits are filed to regain wages lost to wage theft. The unfortunate thing is often employees are afraid to take up the matter of wage theft for fear of losing their jobs. The law states that you cannot be fired if you take on wage theft.
When Does it Become Wage Theft?
It is not your job to calculate your hours worked in the grocery store and the amount you expect to receive. This is part of your employer’s responsibilities which is required to pay you for all the hours you have worked whether it is doing a specific job or preparing to do it. You are entitled to be paid at least the minimum salary for your skill.
Unfortunately, this doesn’t always happen and you may find less on your pay stub than you expected. At first you may have high regard for your employer and therefore think that any missing money was just a mistake and will be rectified on the next pay stub. It is a sad fact that if you are missing money statistics indicate it was probably due to deliberate wage theft and your employer is unlikely.
What to Do If You Are a Victim of Wage Theft
It is probably best to test the water a bit before filing a complaint with HR. Carefully monitor your hours worked such as photographing your watch face when you start and finish work. Use your workplace as a back drop. When you get your next pay stub compare it with your work record. Do this for a couple of pay weeks and if you find that money is missing you should gather all the evidence and report the matter to HR.
If you feel you do not have the confidence to arrange a meeting with your HR write an email to the person responsible for HR in your workplace. Wait for a response and if there is complete denial that either a mistake has been made or wage theft has taken place do not give up but contact an employment attorney. S/he will know exactly what to do and can guide you through the process.
Speak With an Attorney
It is now really out of your hands as your employment attorney can take your evidence and approach HR on your behalf. If this draws a negative response the next step your attorney will make is taking up the matter with the Department of Labor in your state which is responsible for monitoring violations of the Wage and Hour Law which can be found in the Fair Labor Standards Act (FSLA).
If the Labor commissioner agrees a violation has taken place the next step will be or the Labor commissioner to arrange mediation between you and your employer. If this fails or your employer is not responsive you may be given the right to file a lawsuit against your employer. If your attorney believes you have sufficient evidence to win the lawsuit you should be entitled to a repayment of the wage theft, compensation for pain and suffering you have endured due to the wage theft and even punitive damages if the court finds your employer has deliberately breached the Wage and Hour Law by conducting wage theft. You should get your attorney fees paid as well.
