Depending on the needs of the client, home healthcare workers can have varying schedules and work odd hours. Often, there is travel from one client to another and that may be counted as your time on the job as well.
You will need to keep track of your time, maintaining documentation of hours worked – tasks performed, travel, and breaks, then compare that to your paycheck. If you are not being paid all your earnings, you can pursue a wage theft claim against your employer.
Millions of workers across the country fall victim to wage theft every year. It is your responsibility to keep track of your earnings and to make sure that you are paid for your time.
There is a statute of limitations – or a time limit – for pursuing any wages that you are not paid in a timely manner. If you have been the victim of wage theft as a healthcare worker, you should act promptly to pursue damages.
When Does It Become Wage Theft?
Your employer is required to pay you for all the time you spend working. This includes traveling between client locations. This applies if you are paid hourly wages. If you are salaried, you must be paid at least minimum wage when your hours are divided into the total of your paycheck.
You should maintain thorough documentation and supporting evidence, including a log that details patient visits, travel time and mileage, and breaks. You should keep paystubs, and you should also keep your employment contract.
Any memos, emails, texts, or other work-related documentation should also be kept for future reference and to submit as evidence should you suffer wage theft and must pursue a claim.
Sometimes wage theft issues can be resolved within the workplace with your employer, so be sure to gather all the records that you can to show what happened, how it happened, and how much you are owed.
If you are not paid at least minimum wage, are not paid all the hours you are owed, or not paid in a timely manner, it has become wage theft. There are very detailed laws in place that establish what is considered wage theft.
If you suspect you have suffered wage theft, you should promptly address the issue by gathering all your supporting evidence and by talking with an attorney about getting a claim underway.
You do not want to wait until you are unable to recoup all the earnings that you are owed. You may also recover compensation for your damages.
What To Do If You Suffered Wage Theft
Your first step is to speak to human resources and explain the situation. Let them know that you have not been paid properly and that you are owed more wages.
You will need to provide supporting documentation, so it is imperative that you document your own hours and that you regularly compare paystubs. You do not want to catch the problem after it is too late to recover all your losses.
You should also note the responsibilities that you have and detail your regular workday. Explain your number of clients, the services you provide, the distance and travel time, and any other responsibilities that you may have when you are out and about performing your daily duties.
Be sure to maintain evidence that you filed a complaint with human resources and document their response. Also, keep any documentation and responses that you receive from them. If they do not address the issue or if it is not satisfactorily resolved, then you will advance the complaint and file a lawsuit.
Get a Free Case Evaluation
If you have been the victim of wage theft, you should enlist the help of an employment law attorney. An employment law attorney is familiar with the local, state, and federal laws that apply to your situation and will investigate your claim.
Your attorney will determine the value of your losses and will help you gather additional supporting evidence.
Some employment law attorneys who handle wage theft claims work on a contingency basis while others require a retainer to be paid upfront. Discuss the attorney’s payment process when you discuss your claim with them.
There is a time limit for pursuing a claim, so do not wait until it is too late to recoup your losses. Complete the Free Case Evaluation Form on this page to share details with an attorney who handles wage theft matters in your area.
