When a mechanic starts a new job s/he expects to get paid the wages agreed when the job offer has been finalized. This must be at least the federal minimum wage of $7.25 per hour or the state minimum wage, whichever is greater. If a mechanic works for more than 40 hours a week s/he should be paid time and a half for those extra hours. This all sounds quite straightforward. However, not all employers are eager to pay the agreed amount and workers like mechanics lose millions of dollars in wage theft annually because they are too afraid of losing their job if they complain. Typically, this is more relevant to refugee and temporary migrant workers who do not know their rights.
If you find you are not getting the wages agreed you should consult your employer or take the matter up with the Wages and Hours Division of the Department of Labor in your area.
What to Look For to Determine Wage Theft
Before pursuing your wage theft case any further you should check your paycheck. Every item related to your pay can be found on this including all deductions. Here is what to look for.
- If you see taxes and insurance deductions, your employer is entitled to deduct these from your gross pay
- In some states, but not all, the use of a mechanic’s uniform, tools of the trade and equipment may be deducted if your pay after the deductions does not drop below the minimum wage.
- If you require lodging and meals these will deducted if you have reached an agreement with your employer.
If you are a victim of wage theft you may find some deductions that have not appeared on previous paychecks. These could include deliberately misclassifying you as a contractor not an employee so you could find you are not even being paid the legal minimum wage or overtime rates. The IRS states that you would be classified as an independent contractor if you control what and how the mechanic’s work is performed (i.e. a mechanic who is given a contract to maintain a fleet of rental vehicles using his/her own tools).
Companies who deliberately misclassify a mechanic do this so they can avoid paying workers’ compensation insurance for the worker and health care premiums. Your net pay could end up a lot less if you have been misclassified. You may find that your employer has deducted more than usual from some of the compulsory deductions and you have no idea why. This is not always that easy to determine as it could depend on whether you worked the same number of hours each week.
There are certain features you can check on your pay stub to see if you are a wage theft victim:
- the gross wages prior to deductions;
- your net wages following deductions;
- your employer’s exact contact details so you know an error has not been made;
- the total number of hours you have worked;
- the list of legal deductions such as tax and for the use of equipment;
- check to make sure your name is on the paystub and not another mechanics;
- check to see if the last four digits of your social security number and/or employee ID number is correct;
- check the pay period dates.
What to Do When You Are a Victim of Wage Theft
You should not assume that the wage theft is deliberate so you should try to resolve the case of the missing money by contacting your company’s HR. If they respond and say it was their error make sure that they agree to make the changes on your next payday and pay the amount owed. If there is no response to your inquiry then you will have to move onto the next step and that is submitting a wage theft claim.
Filing a Wage Theft Claim
Your employment law attorney will assist you to file a wage theft claim 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 present address and contact details;
- the name of your employer;
- the company’s physical location;
- the contact information for the company;
- the manager’s name and contact details;
- your job description as a mechanic;
- when and how you were paid.
Speak With an Attorney
An employment law attorney is an expert in understanding wage theft. You will need to provide copies of your old pay stubs and any other personal records you have kept that could include your job offer and hours you have worked. These may help your attorney win a successful wage theft claim.
