Wage theft is a growing problem in the United States, with millions of workers affected by unpaid wage violations every year. These violations can take many forms, including unpaid overtime, minimum wage violations, and misclassification of employees. In this ultimate guide, we will discuss the five common types of unpaid wage violations and provide actionable tips on how to fight them. By understanding your rights and taking the appropriate steps, you can protect yourself from wage theft and ensure that you receive the compensation you deserve.
1. Unpaid Overtime
One of the most common types of wage theft is unpaid overtime. Under the Fair Labor Standards Act (FLSA), employees are entitled to overtime pay of 1.5 times their regular rate for hours worked over 40 in a workweek. To fight this violation:
- Keep accurate records of your hours worked, including any overtime.
- Report the violation to your employer and request unpaid overtime wages.
- If your employer fails to pay the overtime, file a complaint with the U.S. Department of Labor's Wage and Hour Division.
- Consult with an experienced employment attorney to explore your legal options.
2. Minimum Wage Violations
Another common wage violation is when employers pay workers less than the federal or state minimum wage. To fight this violation:
- Know your state's minimum wage laws, which can be found on the U.S. Department of Labor's website.
- Keep records of your hours worked and the wages you receive.
- Report the violation to your employer and request the difference in wages.
- If your employer fails to pay the difference, file a complaint with the appropriate state or federal agency.
- Consult with an experienced employment attorney to explore your legal options.
3. Misclassification of Employees
Some employers misclassify workers as independent contractors to avoid paying overtime or providing benefits. To fight this violation:
- Understand the difference between an employee and an independent contractor, as outlined by the Internal Revenue Service (IRS).
- Report the misclassification to your employer and request proper classification.
- If your employer fails to correct the misclassification, file a complaint with the appropriate state or federal agency.
- Consult with an experienced employment attorney to explore your legal options.
4. Illegal Deductions
Employers sometimes make illegal deductions from workers' paychecks, such as for uniforms or damaged equipment. To fight this violation:
- Review your pay stubs to identify any unauthorized deductions.
- Report the illegal deductions to your employer and request reimbursement.
- If your employer fails to reimburse you, file a complaint with the appropriate state or federal agency.
- Consult with an experienced employment attorney to explore your legal options.
5. Unpaid Breaks and Off-the-Clock Work
Employers may require workers to perform tasks before clocking in or after clocking out, or fail to pay for rest and meal breaks. To fight this violation:
- Keep records of your hours worked, including any off-the-clock tasks or unpaid breaks.
- Report the violation to your employer and request compensation for the unpaid time.
- If your employer fails to pay for the unpaid time, file a complaint with the appropriate state or federal agency.
- Consult with an experienced employment attorney to explore your legal options.
At Rudolf, Smith, Griffis & Ruggieri, LLP, we understand the devastating impact that unpaid wage violations can have on workers and their families. Our experienced employment attorneys are committed to helping you fight for the compensation you deserve. If you have been a victim of wage theft, contact us today for a consultation and let us help you protect your rights.