Being a welder is hard work that requires a great deal of skill and training. When you arrive on the job site, you have an expectation that you will be paid for your work in a fair and timely manner. When your paycheck doesn’t arrive, though, you could be looking at a wage theft claim.
We all know that mistakes happen, and sometimes paychecks don’t go out because of human error, a technical issue or even a natural disaster. However, if you discover that your employer is withholding payment on purpose, then this could be a wage theft violation.
Wage theft includes a number of situations that result in improper payment for work completed, including not being paid overtime, not being paid according to minimum wage guidelines, not being paid for the total hours worked, not receiving a final paycheck upon leaving a job and not being paid at all.
Each day, instances of wage theft take place in workplaces all over the country, in large corporations and in small businesses alike. As a welder, it can be challenging because you might not interact with your supervisors or your company on a regular basis, so if you are not paid for your work as a welder, you need to take action quickly.
Payday Requirements for Welders
Some welders work as independent contractors, while others are part of a company. Regardless, there are rules that govern how often employees should be paid. Payday requirements are determined by state.
Most states have guidelines that outline a minimum pay schedule that includes at least one of the following common formats: Weekly, bi-weekly, semi-monthly and monthly. California, for example, requires at least a weekly, bi-weekly or semi-monthly payment schedule. While Tennessee, Ohio and Oklahoma only require a semi-monthly payday schedule.
This means that companies are free to pay more than the minimum, but they cannot extend a payday beyond those terms. In other words, as a welder you cannot be paid every two months just because your company decides to do so.
If your company decides to pay outside of the state guidelines, then you might have the basis for a wage theft claim because you are not being paid in a timely manner according to state labor laws.
What to Do If You Haven’t Been Paid as a Welder
If payday comes along and you have not been paid, the first order of business is to determine why you have not been paid. Talk with your supervisor, or go directly to your company’s human resources or payroll office and let them know that you have not been paid. Pay close attention to the response.
Obviously mistakes can happen, and all it takes is one wrong keystroke to keep you from receiving a paycheck. If you speak with human resources or your supervisor and an error has been made, then it should be corrected so that you can be paid immediately.
However, if you find that no action is taken after reporting that you were not paid, it could mean that your company is purposefully withholding your pay, and that constitutes wage theft.
The Department of Labor is the governmental agency that protects employees on a federal level, but there are also state and local laws that protect workers. Should you need to file a claim, you would do so with the Department of Labor’s Wage and Hour Division (WHD). You can file your claim by phone, online or in person at one of the many branch offices.
In addition to filing a claim with the WHD, you might also consider filing a private lawsuit against your employer. It is a good idea to consult with an employment attorney to make sure that you have the strongest case possible.
Get Help With Your Claim
Filing a claim against your employer can be intimidating and stressful. Having an experienced advocate working on your behalf will not only remove some of that stress, but it will also ensure that you have all of the evidence you need to build a strong case.
Though there is no guarantee that hiring an employment lawyer will help you to win your case, it can greatly improve the chances of a favorable outcome. An employment attorney can help ensure that you receive the maximum settlement possible, including lost wages, legal fees and even emotional distress.
Many employment attorneys work on a contingency basis, meaning that they will take your case with no payment upfront, and then you will only be responsible for payment if you win your case.
To learn more about how an employment attorney might be able to help you with your claim, fill out a free case evaluation.
