If when you get your paycheck, you notice that the pay is lower than you expected this could be a form of wage theft. Wage theft is illegal under both state and federal laws and there are penalties for employers who pay below the minimum wage.
When you are hired as a security guard, you and your employer agree that you will work at a certain rate and that is what you expect to receive unless you have negotiated something different with your employer at a later date.
What to Look for If You Are a Victim of Wage Theft
There are times when you may find that you have received your weekly wage as a security guard and it is not quite the same amount as with previous paychecks. Before filing a complaint with your HR for wage theft, you should check carefully the breakdown of deductions on your paycheck.
Your paycheck should have an itemized list of everything that was taken out of your wages. Here is what to look for:
- insurance can be deducted from your paycheck;
- income tax which is quite legal;
- if agreed, lodging and meals can be deducted;
- a security guard’s uniform, tools and equipment can be deducted as long as the pay does not fall below the minimum wage.
If you can identify any deductions that you do not recognize, it might be worth having your case reviewed by an attorney.
What to Do If You Believe You Are a Victim of Wage Theft
You should never leave it too long if you think you have been a victim of wage theft. The first step to take is to contact your HR as there is a distinct possibility your employer may have made an honest mistake. If they respond, make sure you keep a copy of the response and that they say they are going to make the necessary changes.
If there is no response you may want to contact the Wage and Hour Division (WHD) of the Department of Labor which receives reports of violations. It works to try and persuade employers to change their work practices and return missed wages to their employees.
Any business which is found to be a violator may face paying a fine up to $10,000 for their first conviction and imprisonment could be a possibility for further convictions. In 2012 the Wage and Hour Division collected $280 million in back wages for 308,000 workers.
Consider speaking with an attorney who is an expert in cases like this. He or she will be able to help you determine what your employer is allowed to take from your paycheck and if wage theft has taken place. Complete the Free Case Evaluation on this page!
