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October 24, 2022

Understanding Wage Theft: How to Recognize and Address Unpaid Wages

Ever had that gut feeling that your paycheck wasn’t quite as hefty as it should be? Like maybe your boss skimmed a little off the top before handing it over? Well, you might be onto something. Wage theft is a real thing, and it’s more common than you’d think. It’s like the office equivalent of sneaking out of a restaurant without paying the bill—except in this case, you’re the one getting stiffed.

What is Wage Theft?

Wage theft isn’t just some fancy legal term; it’s exactly what it sounds like—your employer taking what’s rightfully yours. This can come in many forms, from not paying you for all the hours you worked to straight-up “forgetting” to pay your overtime. Sometimes, it’s as sneaky as not giving you your last paycheck or taking illegal deductions from your wages. And let’s not forget the classic: classifying you as an “independent contractor” when you’re actually an employee—just so they can dodge paying you benefits and overtime.

Spotting the Red Flags

So how do you know if you’re a victim of wage theft? Here are a few red flags:

1. Missing Overtime: If you’re putting in those extra hours but not seeing that extra cash, you might be getting shortchanged. Overtime pay isn’t just a suggestion—it’s the law.

2. Unpaid Breaks: If your boss expects you to keep working through lunch but doesn’t pay you for it, that’s a problem. Breaks are supposed to be your time, not unpaid work hours.

3. Illegal Deductions: Ever notice weird deductions from your paycheck that don’t make sense? Your employer can’t just take out money for things like broken equipment or cash register shortages—those are the risks they signed up for, not you.

4. Misclassification: Are you labeled as an independent contractor even though you work under the company’s rules and schedule? That’s a sneaky way for employers to save money at your expense.

What Can You Do About It?

So, you’ve spotted the signs—now what? Don’t just sit there and take it. Wage theft isn’t something you have to tolerate. Here’s how you can fight back:

1. Document Everything: Start keeping a record of your hours worked, pay received, and any communication with your employer about your wages. The more evidence you have, the stronger your case will be.

2. Talk to Your Employer: Sometimes, wage theft is a result of poor management rather than malicious intent. Give your boss a chance to make things right. If they refuse, then it’s time to take the next step.

3. File a Complaint: If your employer doesn’t fix the problem, you can file a wage complaint with your state’s labor department. They’re there to help workers like you who are getting cheated out of their hard-earned money.

4. Seek Legal Help: If all else fails, consider contacting an employment attorney. They can help you navigate the legal system and get the compensation you deserve.

The Bottom Line

Wage theft is no joke, and it’s not something you should just brush off. Your work is worth something, and you deserve to be paid fairly for it. If you think you’re being shortchanged, don’t stay silent. Stand up for your rights, and get what’s yours. And if you’re still not sure where to start, reach out for help. After all, you’ve worked hard for that money—don’t let someone else pocket it.