When you are hired as a construction worker you and your employer agree that you will work at a certain rate. This is often confirmed by a contract that is signed by you and your employer, even though this is not a legal requirement, and must be at least the federal minimum wage or if the state has determined a rate higher than the minimum wage this must be paid. Not all employers are as honest as they should be and on occasions when you get your paycheck, you notice that your pay is lower than you expected. This might be a form of wage theft. If this has taken place your employer may have violated the wages and hours laws that are determined by the Fair Labor Standards Act (FLSA).
What to Look for to Decide if You are a Victim of Wage Theft
Your paycheck should have an itemized list of everything that was taken out, including taxes and other deductions. The pay stub will also show the exact amount that you receive after the deductions. This is called your net pay. You should be able to check if your pay stub is correct by checking the following:
- total hours you have worked;
- that your name is correct;
- the last four digits of your Social Security Number and/or Employee ID number has been included;
- the name and address of your employer;
- the dates of the pay period;
- gross wages earned;
- net wages earned;
- all deductions.
One of the likely sources of wage theft might be in the deductions taken from your pay but there are some quite legal deductions that could include any of the following:
- taxes/insurance which your employer is allowed to deduct;
- an amount for uniform/tools/equipment that are provided as long as your pay does not drop below the minimum wage once the amount has been deducted;
- lodging and meals, if applicable.
If there are any deductions that you don’t recognize, it might be worth having your case reviewed by an attorney. Some of the commonest illegal deductions are related to the employer believing you haven’t turned up to work on time, you have left work early or you have taken breaks during the day that are not part of the work agreement you have between you and your employer.
However, typically as a construction worker some employers try to pretend you are an independent contractor so that you are not eligible for the minimum wage or overtime so that could be a reason why your pay is not what you expected.
What to Do If You if You Are a Victim of Wage Theft
Carefully check through your pay stubs and check your hours worked with your own record. If you find your employer has not paid you in full for those hours you have worked as a construction worker, you will first of all have to speak with your HR as there is a chance that it could be an honest mistake. If you do this in writing, make sure you keep a record, as you can use this as evidence later. If your HR does not respond, then this could be a signal that the wage theft was deliberate. If they admit a mistake has been made that will save you a lot of time but you must be sure that the deductions in your pay have been returned to you.
If there is no sign of the missing wages you should speak with an attorney who is an expert in cases like this. The attorney should be able to help you determine what your employer is allowed to deduct from your paycheck. If it is clear that the wage theft was deliberate, then you should consider filing a wage theft claim.
Filing a Wage Theft Claim
Your attorney will help you file a wage theft claim with the Wages and Hours Division (WHD) of the Department of Labor in your state. You must include:
- your name;
- your address and contact details;
- the name of your employer or company;
- location of the company;
- the company’s contact information;
- the name of the manager or owner of your employer;
- the kind of work you did;
- when and how you were paid.
Providing copies of pay stubs and the personal records you have kept for hours worked may help your attorney win a successful wage theft claim.
Speak With an Attorney
An employment law attorney will be an expert in cases like this and will help to ensure you get your wage theft back.
