Employees are protected by Fair Labor Standards Act (FLSA) if certain qualifications apply. These qualifications apply to most employers, so you are most likely protected by state and federal laws.
One of these laws prohibits employers from stealing wages from workers. If you have been the victim of wage theft, you do have rights and resources. You can file a claim against your employer to recover those lost wages plus other damages.
You should always be attentive and check your paycheck to ensure that you are paid the wages that you are entitled to receive. Keep track of your time worked, total up your earnings, and then compare that to the actual pay you receive.
Unfortunately, many workers don’t realize that they are a victim of wage theft until it is too late to pursue a claim. Your time is limited, and you don’t want to risk losing your earnings.
Maintain thorough documentation and files so you can determine the wages that you have lost and so you can determine the damages caused by the wage theft you have suffered from your employer. You are entitled to receive your hard earned wages, so take action against your employer now.
How Wage Theft Could Occur To A Landscaper
If you are a landscaper, there are many ways in which your employer could steal your earnings. Your employer is required to pay you minimum wage, and if they don’t that is considered wage theft.
If you are not paid your agreed wage, then you are victim of wage theft. If they improperly classify you to avoid paying overtime, then they have committed wage theft.
Other ways a landscaper could suffer wage theft include being treated as an independent contractor when you are an employee, deducting for meal breaks that they shouldn’t deduct, not paying overtime you are entitled to receive, or making inappropriate or illegal deductions from your paycheck.
Billions of dollars of wages are stolen from workers every year, so you need to stay alert and catch any problems early on before you lose too much money.
As an example, you are an employee of the landscaping service and they are to pay you $15 an hour. When you took on a big project for a municipality and park maintenance, then they ditched the hourly rate and paid you a set fee, saying that you were handling the project as an independent contractor.
This is illegal, and they cannot just change your employment status or job status out of the blue. If this is the case, you will need to talk with your supervisor or human resources. If they don’t resolve the matter, you will file a complaint with the proper agency.
How To File A Wage Theft Claim As A Landscaper
You would first report the wage discrepancy to your employer. If it was a mistake, they will work to resolve the issue and fix the problem.
If they dispute your claim and say you were paid properly when you were not, you will need to research the process for pursuing a claim against your employer. State laws regarding the claims process could vary.
You will need supporting documentation, such as an employment agreement or contract, copies of timesheets or timecards, paystubs, witness statements, and so forth.
The more documentation that you have that will support your claim, the more likely you are to have a successful claim and recover your losses from your employer. Make sure you file your claim in a timely manner and that all deadlines are met.
Enlist The Help Of An Employment Law Attorney
If you have been the victim of wage theft as a landscaper, you should enlist the help of an employment law attorney who handles wage theft claims in your state.
When you consult with an employment lawyer, be sure to ask about their payment process.
Some of these attorneys work on a contingency basis, so if that is the case, you will not have to pay anything in advance and your lawyer would only be paid if and when you win your claim.
To make sure your wage theft claim as a landscaper is filed in a timely manner, complete the Free Case Evaluation Form on this page.
Someone will help you determine the best way to proceed with your wage theft claim against your employer. Now is the time to recover your lost earnings and get compensated for the time you worked.
