Typically, when you take a job as a cook you come to an agreement about the wage rate and often you sign an agreement with your employer agreeing to the rate, even though this is not legally required. Most employers are required to pay the minimum federal wage or the state minimum wage if that is higher. Unfortunately, not all employers stick to the agreement and often a cook will find that the amount recorded on the paycheck is not quite what was expected. This could be wage theft which employers sometimes do in the hope you will not find out. If you are sure it’s wage theft your employer may have been in violation of the wages and hours laws that are determined by the Fair Labor Standards Act (FLSA).
How To Notice Wage Theft
When you look at your paystub there should be a list of items recorded. This includes deductions such as taxes and insurance. The pay stub should also show you exactly the amount you received and is called your net pay. You should check your pay stub to determine how you have been a victim of wage theft. It should include the following:
- your full name;
- total number of hours worked;
- the last 4 digits of your social security number and/or employee id number;
- your employer’s contact details;
- the dates of the pay period;
- your gross wages before deductions;
- your net wages after deductions;
- a detailed list of deductions and the amount.
You may find there are some deductions that have not appeared on your pay stub before.
Examples of legal deductions
- insurance;
- tax;
- uniform, tools and equipment provided to you;
- accommodation and meals, if applicable.
If cash deductions are made for the items provided to you to undertake your job as a cook your pay should not fall below the minimum wage.
If you believe there are some undocumented deductions that you have not seen before, it might be worth having your case reviewed by an attorney.
Some employers make deductions for the following reasons:
- you were recorded as not arriving at work on time;
- you left work early;
- you have taken breaks during the day that are not part of your job agreement.
However, as a cook some employers might put you down as an independent contractor which means you are not entitled to 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
If after carefully checking through your paystubs and checking your hours worked with your own record and you find your employer has not paid you in full for those hours you have worked as a cook, 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 is 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 are 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 to you 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.
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