Wage theft is one of the most pervasive issues affecting workers in the US today, with billions of dollars being effectively taken from employees by their employers every year. Though it often targets lower income workers, employees of any income level may become the victim of this type of labor abuse. But what exactly is wage theft, and how do you identify it if it is happening?
What is Wage Theft?
Broadly speaking, wage theft is essentially what it sounds like: employers stealing the wages of their workers, using a variety of methods to avoid paying employees what they are legally owed. This can come in the form of directly taking from employee paychecks, or it can come from other methods that reduce access to benefits like sick days or other perks they would normally be entitled to. In some cases, employees may have no idea they are being stolen from at all, with employers working to hide the impact of their theft through various means.
What Does Wage Theft Look Like?
Wage theft can take many forms, some more subtle than others. These include, but are not limited to:
- Failing to pay minimum wage
- Unpaid or underpaid overtime
- Taking illegal pay deductions
- Stealing or withholding tips
- Meal break violations
- Uncompensated travel or gas expenses
- Employee misclassification
How Does Wage Theft Hurt Workers?
Wage theft can hurt workers in a variety of ways, and not just by directly taking money out of their pockets. Employees who rely on tips may find themselves making less than effective minimum wage if their employer starts taking money out of their tips, for example, while employees who have sick and vacation days deducted may find themselves forced to work even when they are not well. Employee misclassification is an especially thorny issue, as misclassified employees may find themselves without the employment protections they expect, and may even become surprised by Social Security taxes they do not know they are liable for.
What Should You Do?
If you suspect you have been the victim of wage theft, you should speak to a lawyer with experience handling employment law issues. They can help you review the facts of your case, and determine what legal options may work best for you. The sooner you call, the sooner they can get to work on your behalf to get you the wages you deserve.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
