If you are a housekeeper and you haven’t been paid for the work you do, you might be able to file a wage theft claim against your employer.
Many housekeepers are targets of wage theft claims because some employers do not believe that housekeepers will speak up when there are problems with their paychecks, but it’s important to understand that your rights as an employee are protected by federal, state and local laws.
Any time you are not paid for the work you have done, it could be wage theft and you could file a claim against your employer.
Wage theft includes a variety of pay-related issues including failure to be paid by prevailing minimum wage guidelines, failure to be paid for the total number of hours worked, not receiving a final paycheck after leaving a job, not being paid for overtime or not being paid at all.
Wage theft happens in workplaces all over the country on almost a daily basis. As a worker, your rights are protected and you have every right to take action.
You should be paid on a regular payday schedule, and your check should reflect the amount of time you worked. If you have not been paid properly, then you could be able to file a wage theft claim.
Payday Requirements for Housekeepers
Most states have laws that require employees to be paid on a certain schedule. The four most common payday options are weekly, bi-weekly, semi-monthly and monthly.
As a housekeeper you will likely be paid bi-weekly, but it all depends on your employer.
Each state has its own payday requirements. California, for example, requires either a weekly, bi-weekly or semi-monthly payday.
If your employer tries to implement a payday system that does not match state requirements, that could be grounds for a wage theft claim.
What To Do If You Have Not Been Paid As A Housekeeper
If payday arrives and you have not been paid, either by direct deposit or with a paper check, then you need to find out what happened.
In some cases, it could be as simple as human error. If it becomes a pattern, then you need to take action.
The first step is to speak with your boss, your supervisor or with Human Resources.
If you find out that there was an error made, it should be corrected immediately. If everything is resolved properly, there is no need to take further action.
However, if you speak with your employer and you find that your company is not taking action to resolve the situation, then you need to move forward with a claim against your company, or you can file a private lawsuit.
A claim is filed with the Department of Labor’s Wage and Hour Division (WHD). You can file online, by phone or in person at one of the many branch offices located all over the country. There is usually at least one WHD branch in every major city.
A private lawsuit can also get results. When filing a lawsuit, you are able to seek damages including lost wages, legal fees and possible compensation for emotional distress.
It is important to seek out the advice of an experienced employment attorney to determine which course of action is best for you.
Get A Free Case Evaluation From An Employment Lawyer
If you have tried to remedy the situation by going to your employer and you still have not been paid, then you have two options: You can either file a claim with the WHD, or you can file a private lawsuit.
Either option will help you get results, but it can be stressful to be in a situation where you have to fight your employer for payment.
It can be very helpful to work with an experienced employment attorney to make sure that you receive the largest settlement possible.
When you meet with an employment lawyer, you will have a chance to present the details of your situation and the attorney will help determine what your next steps should be.
Keep in mind that working with an employment attorney does not guarantee that you will win your case, but having an experienced advocate working on your behalf will increase your chances of a favorable outcome.
Many employment attorneys will work on a contingency basis, meaning you will not owe any money up front in order for the attorney to take the case.
You will only pay if you win your case, and in many instances your legal fees are covered by your settlement.
For more information about how an employment attorney can help you with your claim, fill out a free case evaluation.
