Wage theft is one of the most frustrating experiences to undergo as an employee. According to data from the Economic Policy Institute, over $1.5 billion in lost wages have been recovered between 2021 and 2023. Sadly, they stress that this is not representative of all wage theft, as many workers will never file a claim.
What can you do if your employer is committing wage theft against you? In this article, we’ll explore how you can gather evidence and confront your employer in a manner that gets you paid at the end. Let’s jump right in.
Contents
Start by Seeing Wage Theft for What it Really Is
One of the most common types of wage theft happens via unpaid overtime. Sometimes employers will have workers clock out, but then still expect them to finish tasks. Other times, your work may be misclassified so that they don’t have to pay commissions. Likewise, failure to provide you with breaks and deducting time as if you took a break would also be examples of wage theft.
One research paper by Connelly highlights that some industries are particularly vulnerable to wage theft. These include the food industry, retail, and construction. This type of cheating is simple, but confusing payment structures are often used to disguise wage theft. Moreover, they highlight that all three industries tend to employ ‘precarious workers,’ who might be in the country illegally.
Besides evading deportation, another reason that many employees fail to call this behavior out is that wage theft is often presented as a ‘work policy’. Your manager might tell you that they don’t pay for certain tasks or that all tips are pooled together ‘for fairness’. Thus, it’s easy to unknowingly become a victim of wage theft.
By the end of the month, you may have lost $50 and feel conflicted if it was a payroll mix-up or if you got cheated. This is why it’s wise to keep an eye out for signs of outright scams or traps before even applying to a job.
Start Building Leverage and Support Outside the Office
The tricky part of wage theft is the power dynamic. In an office setting and under a toxic boss, even if you’re in the right, you can still feel powerless. If you’re at the stage where you’re reading this article, odds are that you simply want what’s due and might not want to work there much longer.
If so, one of the best steps to take is to gain support from outside the office. For instance, you can start a website to raise awareness and raise funds for legal fees. Some people might suggest platforms like GoFundMe, but these have a history of arbitrarily taking down pages. These days, it’s incredibly easy to start your own website, especially with AI-assisted builders.
According to Hocoos, one simply answers a few questions about the kind of website you require, and the builder takes care of the rest. When you have a dedicated website up and running, and it’s getting attention, it automatically puts a lot of pressure on your employer.
Sometimes, this might be enough to have them relent to avoid more drama and pay you your dues. Of course, you might need to start looking for new work soon with this method.
Get Educated on Your Legal Options
According to the U.S. Department of Labor, the basic hourly wage standard for covered and nonexempt workers was $7.25. Of course, each state sets its own minimum. Employers who undercut either the state or the basic minimum wage are violating the law. However, what employees fail to note is that the statute of limitations for wage theft tends to be 2 years. In some cases, where the theft was deliberate, it’s 3 years.
That means if you quit in a huff and decide to seek justice later on, you might realize you’re too late. Typically, each state has its own labor board and wage-and-hour divisions where you can file a complaint.
These work for simple and obvious cases of wage theft. However, if you suspect that your employers have cleverly protected themselves, you might need to consult an employment lawyer.
Remember, many of them will offer free consultations, and if your main goal is revenge, you might be glad to know that lawyers will often take up cases on a contingency basis.
Thus, know that you don’t have to take wage theft with your head down. It’s a serious crime that many employees tend to take lying down. While it’s understandable to shy away from legal proceedings, know that by not speaking up, your boss will likely continue scamming others indefinitely.Filing a report is super easy these days, and in most cases, your lawyer will attend any court proceedings on your behalf. So, give it some thought. You never know how the universe will pay back the favor.