Wage theft is a widespread problem in the workplace and it can happen in giant corporations and small family businesses. It includes not being paid overtime, not being paid according to minimum wage guidelines, not receiving your final paycheck upon leaving a job, not being paid for all of the hours worked or not being paid at all.
In some cases it can be a simple human error, but frequently the problem is intentional as employers attempt to avoid paying employees the money they are due.
When you clock in and out each day at work you expect to be paid for the time you are working. If your employer is shaving time from your hours by manipulating the time cards, resulting in you not being paid for the total hours you worked, then you could be the victim of wage theft.
Many employers utilize an electronic timekeeping system to track employee hours, and in some cases it is difficult for employees to see their time cards to verify that they are accurate. To avoid paying employees, some employers will shave time from time cards and the employees will never notice.
If you look at your pay stub at the end of the week and the hours do not add up to the number of hours you worked, then you could be the victim of wage theft.
What Is An Employer Required To Pay You For
By law, employers are required to pay you for all work that you complete. This includes working through breaks, being asked to work late and the time it takes to set up equipment and put it away each day.
Even when employers do not want to pay overtime to their employees, if an employee works overtime then they are legally required to pay you for it. Similarly, if you end up working through your lunch break then you should be paid for that time as well.
Any time that is spent working is time you should be paid for, and if you are not being paid then you could be looking at a possible wage theft claim.
What To Do If You Believe That Your Employer Is Shaving Time Off Of Your Hours
If you suspect that your employer is shaving time from your hours, then you need to make sure that this is actually the case.
The first thing you need to do is to keep track of your own hours to make sure that you know how many hours should appear on your time card. Next, compare the number of hours you believe you worked with your paystub. Compare your current pay stub with your previous ones to see if they differ. If you work a set number of hours per week then it should be easy to determine how many hours you should have been paid for. If your schedule varies, then you will need to calculate how many hours you worked and what you were paid for.
If the amount of time that you were actually paid for differs from the amount you believe you should have made, then you could have a wage theft case.
Before you file a claim against your employer, take the time to speak with a representative from human resources or payroll to see if the mistake was a simple human error. In most cases, HR can fix the problem and keep it from happening again. However, if someone in the company is actually erasing your hours and manipulating your time card then you might not get any help from HR, in which case you need to think about filing a wage theft claim. This is also the time you should consider speaking with an employment attorney.
Speak With An Attorney
If you suspect that your employer is shaving time off of your hours and human resources is not willing to correct the problem, then you have every reason to file a wage theft claim against your employer. You can either file a claim with the Department of Labor’s Wage and Hour Division (WHD) or you can file a private lawsuit.
No matter which direction you choose, it is a good idea to speak with an employment attorney. You can meet for a free or reduced-cost consultation to determine if you have a case and the best course of action that will give you the best results. While hiring an employment attorney does not mean that you will win your case, having an expert on your side will greatly improve your chances for success.
Most employment attorneys will work on a contingency basis, meaning there are no upfront costs when they take on your case and you only pay if you win your case. What this means is that there is very low risk to hiring an employment attorney and you will have the benefit of having help gathering evidence to support your claim as well as the benefit of having an expert advocating on your behalf during a very stressful situation.
For information about how an employment attorney might be able to help you, fill out a free case evaluation.
