If you get your paycheck and find it is less than you expected you could be a victim of wage theft. You may be able to file a claim to recover the missed compensation.
Working as a nurse not only has physical challenges but mental ones as well so you expect to get the pay agreed between you and your employer before you start the job. However, there are unscrupulous employers around even in the healthcare industry who do not want to pay even the agreed amount of wages.
What to Look for on Your Paycheck
Before you are certain you have been a victim of wage theft you should check your last paystub. It should have every item on the list including any deductions.
Some of the legal items on your paycheck could be the following:
- taxes/insurance will be deducted as employers are allowed to do this but it must be listed so you can see where any deductions have gone;
- your employer is permitted to make deductions for uniform, tools and equipment as long as the pay left over does not breach minimum wages laws;
- lodging and meals can be deducted but you should know this from the first day working for the employer.
Sometimes employers make nurses pay for things associated directly with job so the value of these is deducted from the gross pay. These could include any of the following:
- name tags;
- purchase and cleaning of the allocated nurse’s uniform required for the job;
- equipment and tools used by the nurse;
- items that the nurse lost or stole while at work;
- equipment that the nurse has damaged or broken.
Typically, nurses may not be forced to pay for any of these things if their wages drop below the federal or state minimum wage and overtime rates.
If you find you haven’t been receiving the right net pay following deductions that you can easily identify you should not ignore it. The U.S. Department of Labor’s Wage and Hour Division (WHD) is the agency dedicated to enforcing some of the nation’s key federal Labor laws on topics including the minimum wage and overtime pay.
What to Do if You Are a Victim of Wage Theft
If you know that the amount in your paycheck is lower than usual do not ignore it as you are probably a victim of wage theft. You should first contact your company’s HR as the missing money could just be one of those genuine mistakes.
If it does not respond or refuses to admit a mistake has been made, then you may want to contact an employment lawyer who will have dealt with thousands of cases like yours before and will know what the best solution is for you.
Your lawyer may file a wage claim against your employer and the Labor Commissioner's Office can order your employer to pay you the wages and penalties you are owed as a nurse. Speak with an attorney who may be able to help with cases like this.
They may be able to help you determine what your employer is permitted to take from your paycheck and what your legal rights are to reclaim money owed to you. Complete the Free Case Evaluation on this page today!