How to Protect Yourself From Wage Theft
Here at Lifehacker we’re big fans of checking every receipt , even if you have a direct deposit. While it may seem paranoid to look at every line of this statement with a fine comb, mistakes often happen regardless of the size of the company you work for.
While mistakes in your salary are usually due to a mistake, there are also more ominous situations that can occur, such as salary theft.
In a recent TSheets by Quickbooks poll, 13% of respondents said they were not paid for off-schedule hours. The non-payment rate was higher for women – 16% – compared to male respondents (9%).
But what does wage theft really look like? During the briefing, you may have been warned about how salary theft occurs on the employee’s side (for example, you ask a colleague to fire you later so that you can slip away earlier). But it can be more difficult to know when exactly your employer is breaking the rules.
What does wage theft look like?
Aaron Holt, a labor and employment lawyer at Cozen O’Connor , explained that salary theft must be deliberate for it to be considered a theft. “A technical glitch in payroll, or even an honest mistake in payroll, is not on a deliberate threshold,” he said. A more common mistake is how an employer classifies you as an employee or how overtime pay is calculated.
But there are signs you should watch out for:
- You keep getting different explanations of why your payment was wrong
- You asked for a review of your remuneration, but your boss is ignoring your request.
- Your boss says you need to work outside hours.
- You were not paid compensation for overtime work
- Your salary is consistently wrong, even after you have discussed it with your employer.
If you come across any of the above, it’s time to start asking questions.
What to do if your salary is wrong
If you see anything amiss in your claim or receive conflicting information about your compensation, Holt advises you to contact your HR department. “Just talking to your employer can usually yield better results than assuming your employer was involved in wage theft if you find a compensation error,” he said.
If you are unable to get answers and suspect foul play, check your employee handbook to see if there is a “safe haven” that allows you to file a complaint about improper payment practices. “Most employers also have rules that prohibit retaliation against an employee who made a good-faith complaint,” Holt said, meaning you don’t have to worry about being punished or fired for reporting a problem.
“Employees in the United States, regardless of their citizenship status, are protected by the Fair Labor Standards Act (FLSA), but each state has its own fair work laws, which tend to be stronger than national standards,” explained Barry Janey , a resident of New York. on the basis of an attorney. The FLSA sets federal minimum wages, overtime rules, employer standards for employee timekeeping and remuneration, and child labor laws. The Department of Labor enforces the FLSA.
When to call for reinforcements
If you are not getting a response from your employer, visit the Department of Labor’s (WHD) Wages and Hours Division to find an office close to you in your state. You can also call 1-866-487-9243 to contact your local office. The WHD office is investigating the problem. If your employer is found to have knowingly violated the FLSA, they could be fined up to $ 1,000 for each violation and you could receive up to three years of lost wages. In some cases, Holt explained, the offending employer could be prosecuted.
You also have the right to sue your employer for lost wages, but if you choose this route, WHD will not pursue the recovery of those wages as part of its investigation. “Going to court is and should always be a last resort, because it hurts. But if your employer refuses to cooperate and actually lures money out of you, you often have no other choice, ”Janay said.
Plus, if you end up having to sue your employer: In most cases, you can pay the attorney’s fees in advance, but you can get your employer reimbursed through a legal process.