When a housekeeper starts a new job s/he expects to get paid the wages agreed when the job offer has been confirmed. Sometimes, a contract is signed but this is not a legal requirement. The wage on the job offer or an informal agreement between the two parties must be at least the federal minimum wage of $7.25 per hour or the state minimum wage whichever is more. If a housekeeper works for more than 40 hours a week s/he should be paid time and a half for those extra hours. Unfortunately, not all employers want to follow the legal requirements and try to find ways of underpaying housekeepers who are the victims of millions of dollars in wage theft every year.
If you have the evidence to prove you are not getting the agreed you should take the matter up with your employer or complete a wage theft complain form and submit it to the Wages and Hours Division of the Department of Labor in your area.
What to Look for to Determine Wage Theft
Before taking up your case of wage theft you should examine your paycheck. Every item related to your pay can be found on this including all deductions. Here is what to look for.
- tax and insurance deductions which your employer is legally entitled to deduct from your gross pay.
- In many states, but not all, the use of a housekeeper’s uniform and equipment used to complete the job may be deducted, if your pay after the deductions does not drop below the minimum wage.
- If you need lodging and meals because your housekeeping job requires it the cost will be deducted from your gross pay.
There may be some deductions that either have notbeen properly itemized or have not appeared on previous paychecks. Sometimes employers deliberately misclassify housekeepers as being contractors and not employees, so they are not legally required to pay the minimum wage. The IRS states that an independent contractor is classified as such if s/he controls what and how the housekeepingwork isdone (i.e. a housekeeper who is given a contract tooversee a team of cleaners in a hotel and uses his/her own uniform and equipment like cleaning items.
Companies may deliberately misclassify a housekeeper to avoid paying workers’ compensation insurance for the housekeeper and health care premiums, as well as avoiding the legal minimum hourly wage and overtime rates. You may also discover that your employer has suddenlydeducted more than other weeks from the compulsory deductions and you are unable to work out why. This can be difficult to determine as it could depend on the number of hours you have worked that week which may be different from previous weeks.
Check the items below to see what could be wage theft:
- your gross wages before deductions;
- your net wages after deductions;
- your employer’s precise contact details so you know an error has not been made;
- check to see if the total number of hours worked are correct;
- check to see if the legal deductions for tax and equipment usage have changed;
- check to make sure that your name is on the paycheck and not another housekeeper’s;
- check to see if the last four digits of your social security number and/or employee id number are correct;
- check to make sure the pay period dates are right.
What to Do When You Are a Victim of Wage Theft
Once you have discovered that you have been a victim of wage theft don’t assume your employer did it deliberately so you should report the discrepancy to your company’s HR. If they agree a mistake has been made confirm with them that you will get the lost wages will be given to you and when they expect to include it in your pay. If the HR fails to respond to your inquiry you should submit a wage theft claim.
Filing a Wage Theft Claim
Your employment law attorney will help you to file a wage theft claim form with the Wages and Hours Division (WHD) in the Department of Labor in your state. You will need to complete some details on the claim form such as:
- your full name;
- your current residential address and contact details;
- your employer’s name;
- the company’s location;
- the contact details for the company;
- your manager’s name and contact details;
- your job description as a housekeeper;
- any confirmation like a job offer proving your wages;
- your inquiry letter to your HR and their response (if any);
- when and how you were paid.
Speak With an Attorney
An employment law attorney understands wage theft. You will need to provide copies of any old pay stubs and any other records you may have available that could include your job offer which shows your agreed hours as a housekeeper. These may help your attorney win a successful wage theft claim.
