Retail workers fill an essential role in society. When you are hired in a retail position, you and the employer agree on your salary. There are also laws in place that establish minimum wage and overtime requirements. If you are not being paid the agreed upon amount as a retail worker, there are resources available to help you. You may be suffering a form of wage theft. You should know what to do and how to act promptly to address the issue.
What To Look For
When you get your paycheck, you should carefully review your paystub. Your paystub should have an itemized list of everything that was deducted.
You should look for – taxes, insurance, uniforms, tools, equipment, and lodging and meals. Any of those deductions can legally be taken out, but there are limitations as to how much can be deducted for uniform, tools, and equipment, because you cannot earn less than minimum wage.
You should review your employment contract, your employee handbook, and other work-related evidence and documentation, so you can provide the evidence needed to get
- Taxes and Insurance – your employer can deduct taxes and insurance from your paycheck, but you should be aware of this
- Uniform/tools/equipment – your employer can legally deduct these just so long as they do not deduct too much, and it make you fall below minimum wage
- Lodging and meals – if you require lodging and meals for your employment, your employer can deduct these expenses from your earnings
You should review other details to determine if you are being paid the right hourly rate and if you are being overtime that you are entitled to receive.
A lawyer will help you review the details of your claim and will determine the best way to proceed with a claim against your employer.
You may get the claim started by filing a wage theft claim with the Equal Employment Opportunity Commission (EEOC), and a representative will review the details surrounding your claim and they will determine if you have suffered wage theft and if your employer has violated any state or federal laws.
If they cannot get the matter resolved, they will suggest that you advance your claim to a lawsuit against your employer. Your lawyer will help you determine how much you are owed because you were not paid as agreed.
If there are any deductions that you do not recognize, you may be able to benefit by having your case reviewed by an employment law attorney who handles wage theft claims in your area.
A lawyer will review all the details of your claim and will help gather supporting evidence and documentation for your wage theft claim as a retail worker. Be sure to review your paystubs regularly because some people wait too long, and the wage theft has been ongoing for a while.
You have a limited time for pursuing a wage theft claim, so you should be attentive and get the help you need right away to get the claim on track.
Keep all work-related documentation and supporting evidence, which can help you with the claims process and which can show that you were a victim of wage theft and not paid as agreed.
Steps You Can Take
If you see deductions that you are not familiar with or that you do not recognize, you should speak with your company’s human resources (HR) department because it could be an honest mistake.
If it is a mistake, they should work to correct the problem right away. You should note your employer’s response. Keep any correspondence from them and make note if they said they would make changes to the deductions or address the issue.
If they did not take it seriously, you should also make note of that as well. You should speak with an attorney who is an expert in cases like this. They will be able to help you determine what your employer can take from your paycheck.
When you consult with an employment law attorney, be sure to discuss payment options. Some wage theft lawyers take cases on a contingency basis, but others do charge an hourly rate and require a retainer in advance.
You should gather your paystubs and other work-related documentation and speak with an employment law attorney right away.
Complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney who represents clients in your area.
