This common workplace issue is increasingly becoming a problem for employees everywhere. Wage theft may occur when an employee does not receive the incorrect pay or may not be receiving their pay at all. No matter the situation, there is something that can be done about it.
What Is Wage Theft?
Wage theft is defined as the illegal withholdings of wages, or the denial of benefits that are rightfully owed to an employee. Wage theft covers a wide range of situations in which an employee does not receive their contractually promised wages. Examples of the most common types of wage theft are: the failure to pay overtime, misclassification of an employee, withholding illegal deductions, and the underpayment of wages.
Wage theft is a violation of the Fair Labor Standards Act (FSLA), which set guidelines for minimum wage, which varies by state, and for the payment of overtime, which is paid out as time and a half if worked over 40 hours. Wage theft is also a violation of many tax laws, especially when there is a misclassification of an employee.
Are You A Victim Of Wage Theft?
Unfortunately, wage theft can occur to anyone, at any company, at any time. For this reason, it is critical to ensure that you are receiving your legally contractual pay, you are being classified correctly, and that your withholdings are correct.
If you feel that you are a victim of wage theft, it is important that you direct your concerns to your employer. If you have done so, and there has not been a resolution, it may in your best interest to consult with an employment attorney.
With the complexity of overtime and wage laws, it is important to only consult with an attorney that has experience with wage and overtime theft. Contact Maduff & Maduff today for help with your employment law needs.