Retail workers are subject to wage theft as much as any other worker. Millions of dollars are lost in wage theft every year. This is because the retail industry doesn’t always want to pay their workers their full wages.
They try to conceal paying what is owed in the hope the retail worker doesn’t complain. It is the responsibility of the employer to track and pay for all hours that the retail worker has worked.
It is not the responsibility of the worker to tell his/her employer what wages should be paid.
Examples of Wage Theft that a Retail Worker Could Face
If your employer fails to do this and wage theft occurs, your employer may be violating the Wage and Hour Law of the Fair Labor Standards Act (FLSA).
If you are unable to reconcile this with your employer you may be able to file a lawsuit with your employer to recoup your wage theft. There are certain common ways that an employer engages in wage theft. They are as follows:
- not being paid the minimum for the retail job you do;
- not being paid when exceeding daily overtime limits;
- not being paid when exceeding weekly overtime limits;
- not being paid holiday pay;
- not being paid for opening/closing the store.
If you notice you haven’t been paid for any of the above you cannot typically assume it is a mistake.
There is so much wage theft taking place in the retail industry that the chances are it is not a mistake but an example of wage theft.
What to Do If You Know You Are a Victim of Wage Theft
It is never easy to complain to your employer as you may think it is a mistake which will be put right at the next pay day. Often this is not the case as the wage theft is deliberate.
The first thing you need to do now is gather evidence together showing the discrepancy between what you should have been paid and what you actually got paid. Now you can talk to your supervisor or HR department about your lost wages.
If they respond with surprise and say they will rectify the problem and any money owed will be in your next pay you will have solved the problem.
The chances are though that will try to deny that any wages are missing and tell you it is your mistake not theirs.
As they haven’t decided to remedy the situation the next move for you is contacting an employment law attorney.
You should ensure you have as much evidence as possible to support your wages theft. This includes written evidence of hours worked which can be backed up by co-workers’ testimonials.
You should also have the pay stubs available that can be compared to your own work record. Your attorney will know immediately the chances of winning back your wage theft.
Speak With an Attorney
When you contact your employment law attorney you can produce all the evidence which she or he will use when talking with your employer.
If the attorney has no luck with resolving your wage theft issue a complaint can be made to your state’s Department of Labor which is responsible for managing violations by employers of Wage and Hour Law which comes under the terms laid out in the Fair Labor Standards Act.
If the Department of Labor agrees that wage theft has taken place your attorney may be able to file a lawsuit for wage theft on your behalf.
You do not need to worry because your employer cannot fire you for revealing its wage theft and you should get all the money owed to you repaid.
You should be entitled to attorneys’ fees, damages and your wage theft in your lawsuit.
To be certain you get your entitlements you should not wait too long to file a lawsuit as most states set deadlines for filing lawsuits. If you miss that deadline called the statute of limitations time limit you may never get your wage theft repaid.
Additional Resources
- How to Win a Wage Theft Claim
- What Can I Do If My Employer Isn’t Paying Me?
- Not Being Paid As Agreed Upon Amount As A Retail Worker
