Unpaid Wages and Wage Theft

Under the FLSA, the federal minimum wage is $7.25. However, each state has laws affecting minimum wage. Many state laws set the minimum wage well above the federal minimum wage. State minimum wage laws trump federal minimum wage in most cases. If employers do not pay employees the minimum wage for their state, they are violating wage and hour laws and committing wage theft. A top wage theft lawyer in New York City, Miami, New Jersey, San Francisco, Los Angeles, or Philadelphia can help you recover the money your employers owe you.

Misclassification of employees is one of the most common issues that lead to wage theft. Employers may classify non-exempt employees (hourly employees) as exempt employees (salaried employees). Salaried employees must fit specific rules to be considered exempt (professional with special skills, manage at least one employee, complete an administrative role within the company, etc.). However, some employers may classify everyone as exempt, thereby denying you the right to overtime pay when you work over 40 hours in a week.

Another issue relating to misclassifying employees is classifying employees as sub-contractors. However, when an employer controls when you work or where you work, you are an employee and not a sub-contractor. As a result, your employer is committing an act of wage theft and should be held accountable.

Federal law insists that non-exempt (or hourly) employees earn 1.5 times their hourly rate when they work overtime. This money must be paid for all hours worked over 40 hours in a week. If employees are paid every 2 weeks, overtime must get paid for any hours over 40 each week. For instance, if you worked 46 hours in week 1 of the pay week and 34 hours in week 2 of the pay week, you must get paid six hours overtime for the week in which you worked the additional 6 hours. If your employer pays you straight time for overtime hours worked or attempts to deny you pay for the overtime all together, you need the best overtime lawyer in your state to help you get the compensation you deserve.

While employers do not need to pay employees for breaks and meals, they must allow these breaks and meals to occur without the interruption of work duties. If employers insist you conduct any business or duties during your unpaid breaks or mealtimes, this time becomes work time, and you must get paid. Forcing you to work during an unpaid break is a violation of labor laws and is subject to an unpaid wage claim.

Employers are not permitted to withhold any money from an employee’s paycheck without proper authorization. When an employer withholds money for uniform purchases, broken inventory, client theft, or any other unauthorized purpose, they are committing wage theft. The only monies employers can withhold from your paycheck are taxes, authorized insurance premiums, and court-ordered withholdings, such as child support and alimony. If your employer withholds any other money, they are violating the law. Working with the best wage theft lawyer can help you recover the money stolen from your pay as well as additional compensation.

Employers have a right to control your time when you are on the clock. However, they do not have a right to control your time without paying you. If your employer insists you clock out of work and they do not allow you to leave, they are violating the labor laws. You have a right to get paid even if your employer is asking you to wait around for further instruction or to leave your place of employment in a group with other employees. Any time your employer controls your time, you must receive proper pay. Otherwise, your employer is committing an act of wage theft.

In some types of employment, employees must wear special safety equipment. This equipment can take over an hour to put on and take off. Furthermore, this equipment must be put on and removed in a specialized environment that is only available at the worksite. This process is known as donning and doffing safety equipment. When employers insist that you put on or take off your safety equipment on your own time, they are violating labor laws and committing acts of wage theft.

Sometimes employees must travel to events or worksites during working hours and part of their workday. This travel time is different from your normal commute to or from work. When you are required to travel to an event or worksite during the workday, you should be compensated for your time. Any employer that refuses to pay an employee for this travel time, they are committing acts of wage theft.