The
number of cases for wage theft is at rise in the United States. Wage
theft is an illegal act in which employer refuses to pay fair
payments to their employees. It often occurs when the employer
deliberately shorts the employee pay, or confuses the employee
regarding the pay and their wage and hour rights.
While
there are many federal and state laws to prevent this illegal act,
many employers still manage to find a way to cheat their workers out
of their fair payments.
Below
mentioned are the most common types of wage theft–
alaries
etc. to their employees. It includes t of their fair payments. But
what is wage theft?
- Overtime – Many employers refuses to pay overtime to employees for all the extra work and hours they have spent in office. According to the law, workers have the right to overtime for each hour they spend working after 40 work hours in a regular workweek. In addition, there are several exemptions for overtime based on employees’ occupations. You need to confirm with your boss and lawyer if you do or do not fall under the exempt category. If you are a non-exempt worker, then your boss is liable to pay for each hour you work over 40 (in a week). Even if your employer pays you on a salary basis, you may still be entitled to overtime if they’ve misclassified you.
- Minimum Wage – This is another category in which employers do wage theft. The law has determined the minimum wage that bosses have to pay to their employees. Many companies try to cheat their staff out of proper pay. They decline to pay the minimum wage amount to workers, which is a violation of law. This may happen in a number of ways including improperly claiming a tip credit against minimum wage. Also, some states have a minimum wage higher than the federal minimum wage and the employer is obligated to pay the higher of the two, not the lower!
- Improper deductions in pay – Many companies illegally subtract a certain amount from their employee’s pay. The deduction may be for a lunch period that a worker does not have which is free and uninterrupted, or a mandatory assessment for equipment that the employer was supposed to provide.
- Employee misclassification – Many companies try to trick their employees out of their salaries by wrongly classifying them in a different manner. They try to describe workers occupations as independent contractors so that they can be exempted from benefits like minimum salaries, overtime, and more. They also may call them managers when they only manage phones and not people.
- Working off the clock– Some employers make their workers work off the clock, which is also a violation of the law.
What
you should do if you fall victim to wage theft?
The FLSA,
or Fair Labor Standards Act allows a private right of action. You
should contact an FLSA overtime attorney
to get comprehensive legal counsel. Overtime lawyers generally only
charge if they win your case and offer free consultations.
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