It is commonly referred to as wage theft.
Understanding Wage Theft
Wage theft occurs when an employer fails to pay an employee the wages they are legally owed for all hours worked. This means you must receive fair compensation for every hour you dedicate to your job, regardless of the type of work performed.
This concept extends beyond just your regular scheduled shifts. It includes specific activities that are part of your work responsibilities, even if they don't seem like traditional "work hours."
Common Forms of Wage Theft
Employers can commit wage theft in various ways, often resulting in employees noticing shortages in their paycheck. Some common examples include:
- Unpaid Travel Time: If your job requires you to travel between work sites, to meetings, or for specific tasks, this time should be compensated.
- Unpaid Working Breaks: Breaks during which you are still expected to perform work-related duties, remain on call, or are not completely relieved from duty, must be paid.
- Uncompensated On-Call Hours: Time spent on-call where you are restricted from personal activities and must respond to work demands is often considered compensable time.
- Failure to Pay Minimum Wage: Paying less than the legally mandated minimum wage.
- Unpaid Overtime: Not paying the correct overtime rate for hours worked beyond the standard workweek.
- Illegal Deductions: Making unauthorized or unlawful deductions from an employee's wages.
Your Right to Fair Compensation
Every employee has a legal right to be fully compensated for all time spent working. Understanding what constitutes "hours worked" is crucial to ensure you receive proper pay. This includes the time you might spend waiting for tasks, preparing for work, or traveling between job sites.
What to Do If You Suspect Wage Theft
If you believe you are a victim of wage theft, taking proactive steps can help you recover the wages you are owed.
- Document Everything: Keep detailed records of all hours worked, including specific dates, times, and tasks performed. Retain pay stubs, time sheets, and any communication with your employer regarding your pay or work schedule.
- Review Your Paychecks Carefully: Regularly check your pay stubs for discrepancies, especially looking for missing hours related to travel, breaks, or on-call time.
- Communicate with Your Employer: Start by discussing the issue with your employer or their HR department. Sometimes, it might be an honest mistake that can be easily resolved.
- Consult with a Legal Professional: If direct communication doesn't resolve the issue, consider seeking advice from an employment lawyer. They can explain your rights and the best course of action.
- Contact Labor Authorities: You can file a complaint with your state's labor department or the U.S. Department of Labor's Wage and Hour Division (WHD). These agencies investigate wage theft claims and can help enforce labor laws. For more information on federal labor laws and enforcement, visit the Department of Labor's Wage and Hour Division website.
