In 2024, about $273 million was recovered by the U.S. Department of Labor’s Wage and Hour Division (WHD) for 152,000 workers. This development was made possible through the enforcement of various wage-related laws.
If you suspect your company is engaging in willful wage theft, you are not alone. Wage theft is an issue experienced by many workers. Victims of wage theft are often confused about what to do or who to approach to resolve the problem. Go or what to do.
According to wage and hour attorney Sang (James) Park, securing success for any wage and hour dispute requires having accurate records on hand. Thorough scrutiny of your payroll records and all the employer’s payroll procedures is necessary to ascertain how grievous the wage and hour law breach was.
Immediate prompt actions should be taken upon suspicion of becoming a victim of intentional wage theft. In most cases, reporting and fighting back should recover wages owed. Don’t hesitate to file a complaint with the Department of Labor, consult an employment attorney, or file a wage claim.
Let’s discuss the concept of willful wage theft and the measures you should take to safeguard yourself.
Table of Contents
Understanding Wage Theft: Definition and Examples
Wage theft occurs when employers defraud you of what is due to you by way of unpaid overtime, illegal deductions, or an employee’s erroneous classification.
You could be working overtime without the pay due to you, or your employer might strip you of your breaks as required by labor laws. The same applies when an employer holds back tips. Understanding wage theft behavior could empower you to some degree.
Knowledge of wage theft’s harmful effects would urge you to demand fair pay and fair treatment at work.
Recognizing the Signs of Wage Theft
Wage theft has to be identifiable so that workers can assert their rights.
Stay on your toes for anything illegal, like lost overtime or certain hours worked on your paycheck.
Take note of what your employers call their rates and when they offer payment. Any ambiguity in these details could raise concerns. Trust yourself. Being pressured to work overtime or having your job duties casually altered without a bump in pay might be a potential sign of wage theft.
And if similar stories come from colleagues, that means you aren’t alone. Carving out a support base together will give you the power to tackle these breaches.
Steps to Document and Report Wage Theft
Prompt action by wage theft victims can prevent the destruction of evidence.
- Make duplicates of your pay stubs and time cards. Document any relevant emails or messages you have received. List down all the occasions you feel your salary would have been cut, noting dates and times.
- Contact your employer. In some cases, an employee may address wage concerns directly with the employer to clear up the issue. If the issue is still on the table, now is probably the time to turn to HR or a trusted colleague.
- When nothing else has worked, it may be time to lodge a formal complaint against the employer with the state labor department.
Bear in mind that several others have gone through the process before you so you need to have faith in fighting for your rights.
Legal Protections and Resources for Affected Workers
Wage theft is challenging and overwhelming to handle. Laws create mechanisms for the attainment of justice, alongside certain guarantees accorded by federal and state law for workers’ rights to fair pay.
Minimum wage and overtime requirements are addressed in the Fair Labor Standards Act. You can contact the U.S. Department of Labor if you suspect wage theft from your employer.
In many states, a complaint can be lodged with the state labor board concerning wage theft. Legal aid organizations and worker allies may also be instrumental in seeing you through to justice.
Strategies to Prevent Wage Theft in the Workplace
To make your wage theft case stronger, it is important to discuss compensation policies and expectations with coworkers and the employer’s counsel. A dialogue of frankness addressing wages should be initiated, especially where concerns arise.
Clearly document the hours worked, including any overtime hours so that a claim can be made when appropriate. Create a casual environment whereby employees can freely express worries without fear. Join or conduct training on workers’ rights together with your employees.
You might also think about organizing a workers’ committee to foster solidarity and collective action. Support will help strengthen the front against wage theft. Knowledge and action will secure your hard-earned money and help make fair workplaces for all.