Wage theft is one of the highest occuring issues that exist in the workplace for workers across the country. Wage theft takes place when an employee does not receive a portion of their wages or any at all.
Acknowledging Wage Theft
Wage theft occurs when an employer does not pay their employee the correct amount of wages, this can be a direct violation of the Fair Labor Standards Act (FLSA) as well as many other employment laws. The FLSA has created a federal minimum wage in place for states, cities, and counties across the country, as well as requiring employers to pay overtime for those who work 40 hours in a given workweek.
If an employee is not paid correctly, they have the ultimate right and ability to take their fellow employer to court for a lawsuit against them. It is essential for employers to recognize wage theft in order to prevent the possibility of these expensive lawsuits.
A big mistake that may occur with employers is that they can misclassify their employees as independent contractors, this still can exist despite the fact the employee has signed an agreement stating they are an independent contractor. It is important for an employer to take all measures necessary to ensure they do not make the mistake of misclassifying their employees.
If an employee has worked over 40 hours in a given workweek, it is determined by law that they deserve overtime wages. If the employer does not provide the additional wages, they can be held liable for failure to pay overtime wages. Under any circumstances is it permitted for an employer not to pay an employee for time worked, this means if the employee did not record the extra time worked, they are still entitled to overtime wages.
If you feel that you are a victim of wage theft, it is essential to discuss the situation with your employer. If your employer does not address your issue in an appropriate manner, it is time to consult with an experienced employment attorney. Contact Maduff & Maduff today to help with your employment law issues.