Warehouse jobs are rarely 9-5, depending on what the role the warehouse worker has. If the warehouse is used for temporarily storing goods which are trucked throughout the country, the warehouse will probably be open 24/7.
This means workers have long shifts or typically change their shifts regularly. There are some warehouse jobs that need to be finished before the worker can go home.
If the employee works more than is usual for the type of job the employer has to pay for all those extra hours. It is the responsibility of the employer to track and pay for all hours and not depend on the employee to provide the right information.
Examples of Wage Theft that a Warehouse Employee Could Face
Wage theft most often takes place in specific situations in a warehouse job such as:
- if the warehouse worker has exceeded his/her daily or weekly overtime limits and the employer fails to provide the extra money;
- not being paid for putting on and off safety equipment at the beginning and the end of the day. this could involve going to a location to get the equipment and returning it at the end of the day;
- being asked to oblige a supervisor by doing some extra work either in a meal break or at the end of the day with no indication that it would be paid;
- not being paid the correct amount of money for sick and vacation leave.
Unfortunately for the warehouse worker it is hard to determine if receiving less money one week in a wage packet was deliberate or just a payroll error.
It is a sad fact of life that employers cannot always be trusted so if you find you are short one week it was probably deliberate wage theft.
This is when you start to keep more reliable records of your own showing the link between the hours you have worked and the wages you have been paid.
What to Do if You Have Suffered Wage Theft
One thing is certain. You shouldn’t put up with wage theft. It is your right to get the right wage for work completed. When you have discovered money missing start to track the hours you have worked and compare it with your pay stubs. After a week or so you may notice a pattern to your missing wages. You should keep proof of it and then go to see your supervisor or HR with the evidence. If you do this in person you should see how they respond and quickly discover whether the wage theft was an administrative mistake or wage theft. You can of course make an inquiry in writing too.
If who you report the matter to acknowledges the missing wages and says the mistake will be rectified and the wages lost will be repaid then all well and good.
A problem arises if they feel agitated by your report and refuse to admit a mistake has been made. Your next course of action is talking to an employment attorney.
Speak With an Attorney
First of all, the attorney will most likely contact your supervisor or HR department. She or he will provide all the evidence you have collected such as your record of hours worked, testimonials from co-workers confirming your presence at work and your pay stubs showing the amount paid does not equate to your work record.
If the response is unfavorable the next step will be to file a complaint with the Department of Labor in your state. This department helps to enforce Wage and Hour laws which come under the FLSA.
Your attorney can file a lawsuit on your behalf claiming that your employer is violating the Wages and Hour Law by engaging in wage theft.
If your lawsuit is successful you should get all the wage theft repaid and you should not lose your job.
You should remember that you should not delay contacting an employment lawyer as in most states there is a statute of limitations in place which limits how long you have to file a lawsuit. Once the statute of limitations has been reached, you will no longer be able to file a lawsuit.
