Retail workers work long hours and aren’t necessarily paid well for the work they do. However, under the Fair Labor Standards Act (FLSA) they can expect to be paid either the minimum wage or an amount agreed between them and their employers.
They can also expect to be paid for all time working even if it is preparation for the day’s work. Overtime should be paid for more than 40 hours worked weekly and at a rate of time and a half.
If the employer fails to meet these obligations and payments are either not paid or the pay is less than it should be the retail worker may file a wage theft claim to get back all the unpaid wages.
Payday Requirements for Retail Workers
Most states have laws which state how often retail workers should be paid. For example, in Iowa, any reliable pay schedule is allowed as long as employees get their pay at least monthly and no later than 12 days between pay days.
In New York, retail workers can expect to be paid weekly but if an arrangement is made between the employer and the employee it could be fortnightly.
In Montana, there is no legal period or specific time when wages have to be paid to retail workers but generally it is semi-monthly.
What to Do If You Haven’t Been Paid as a Retail Worker
If you haven’t been paid the wages at the right time then this is considered to be wage theft. You are guaranteed by both state and federal law to be paid at least the federal minimum wage and you have to be paid regularly.
If this doesn’t happen you may be able to file a wage theft claim with your state’s Department of Labor which is responsible for enforcing Wages and Hours Laws.
However, before you fill a wage theft claim form you should contact your employer to see if you can resolve your wage theft issue without filing a complaint.
Contact the Department of Labor
If your employer fails to respond to your wage theft, you should file a complaint with your state’s Department of Labor.
Typically this is achieved by filling in a wage theft claim form which you can normally find online at your state’s Department of Labor website. When you fill in this form you should include evidence that supports your wage theft claim such as:
- your pay check stubs;
- a record of your hours worked;
- eye witnesses contact details who are prepared to testify for you about your wage theft;
- your supervisor and employer’s contact details.
As soon as the Department of Labor receives your wage claim form normally you will be assigned an investigator to your case who first of all will determine if you have a valid wage theft claim.
The first step the investigator is likely to take is contacting your employer to determine if a resolution can be reached. If he or she receives no response mediation between you and your employer might be suggested to try and reach an amicable solution.
If mediation fails you might be eligible to file a lawsuit in court to get your wage theft repaid. If you win and depending on your state you might get more in compensation than your wage theft and you should have your attorney’s fee paid too.
Complete the Free Case Evaluation
If the Department of Labor decides you have sufficient evidence to support your wage theft it may suggest you file a claim in court.
For this process you might need assistance from an employment lawyer who will work on your behalf to get your wage theft claim paid.
Employment lawyers know how difficult it is to win a wage theft claim as a retail worker so will check first to see if your evidence is adequate to win a successful wage theft claim. Your lawyer’s fees will paid once a settlement has been reached.
