If you are a waitress and when you receive your paycheck it is less than you anticipate, you should carefully review it for errors.
If you are not being paid as much as you expect, it could be a form of wage theft. There are state and federal laws in place that are designed to ensure that workers are paid the wages that they earned, and if you are not being paid as agreed, you do have resources available to help you.
You should address any pay discrepancies right away, as a statute of limitations does apply to wage theft cases.
What To Look For
You should carefully review your paycheck each time you are paid. Your paycheck will have an itemized list of anything that was taken out. There are many legal deductions that can be made from a paycheck. Here is a rundown of some of the things that you should look for on the paystub:
- Taxes – federal and state taxes are taken out of paychecks. Of course, the amount can vary depending on the size of your household, the deductions you claim, and your earnings.
- Insurance – if you purchase insurance through your employer, such as medical, vision, dental, or life insurance, your cost for the premiums can be deducted from your paycheck as well.
- Uniforms, tools, and equipment – these work-related expenses can be deducted from your paycheck. If your job as a waitress requires a work uniform, slip-resistant shoes, or other specific items, you may be allowed to purchase those and the cost advanced. Your employer will then deduct those costs from your paycheck over time.
- If you have lodging and meal costs associated with your job, then the costs associated with those may be deducted from your paycheck as well.
If there are any deductions that you did not approve, or that you do not recognize, you should carefully review your pay. You may want to have an employment law attorney to look into the matter and to see if the deductions are legal or if you have fallen victim to wage theft.
Be sure to maintain all documentation and evidence that supports your claim, so you can make sure you have a claim on track if you are being mistreated by your employer. You have resources available to help you, and you should make sure you use those resources right away.
What To Do
If you notice paycheck discrepancies as a waitress, or if there are unusual deductions from your earnings, you should speak with your employer’s human resources (HR) department because it could be an honest mistake. You should provide HR with copies of your evidence, but also, you should maintain documentation that shows you spoke with HR in an attempt to resolve the issue.
You should note HR’s response, including the date and time of the contact as well as the name of the representative. Make note of what they say. Indicate if they will make changes, or if they said there is nothing that they can do. Keep all correspondence that you receive from them regarding the issue, and, also, document any follow-up contact that you have with them regarding the matter.
You should speak with an attorney who is an expert in cases like this. An attorney will be able to help you determine what your employer is allowed to take from your paycheck as a waitress. Employment law attorneys are familiar with the state and federal laws that apply to your situation and can determine if your employer is violating those laws.
There is a statute of limitations, which is a time limit, for pursuing a wage theft claim. Do not wait too long to get your claim underway. When you speak with an attorney be sure to discuss their payment plans because some work on a contingency basis, but others require a retainer to be paid upfront.
A lawyer will determine the best way to proceed with your claim and can help you recover your lost earnings. Complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney who handles wage theft matters in your area.
