Wage theft can take various illegal forms. Companies that deny overtime to eligible employees, misclassify workers, deny vacation pay, or pay less than the minimum wage may be violating federal legal protections. 

Whether based on state or federal law, a wage theft lawyer can fight for your rights and work tirelessly to help you secure appropriate compensation for your work. An experienced employment attorney can help if an employer took advantage of you or a loved one and failed to live up to their side of the arrangement.

Types of Wage Theft

An employer can cheat its employees out of the compensation they are owed in multiple ways. Common issues involve paying less than the minimum required for job training, paying covered employees less than the federal or state minimum wage, or withholding bonuses, commissions, or tips. 

Wage theft may also occur when a company requires an employee to work off the clock, engages in illegal pay deductions, or fails to provide employees with vacation time that they have rightly earned. Improperly classifying an employee as an independent contractor to avoid overtime pay can also be a form of wage theft. 

Some employees are exempt from overtime pay, such as certain salaried individuals, while most workers are considered non-exempt and entitled to overtime. Sometimes, an employer will improperly classify an employee as a contractor or exempt to avoid paying overtime or add illegal overtime exemption clauses to employment contracts. An attorney can review a contract or facts of a particular situation to determine whether wage theft has occurred. 

Overtime refers to time worked over 40 hours a week, and the rate of compensation for each overtime hour must be at least 1.5 times the employee’s regular hourly wage. Overtime hours can include time required to perform any assigned work tasks, waiting time that falls under the employer’s control, meeting time, and certain travel time, to name several examples.

Taking Legal Action for Wage Theft

Wage theft is rampant, but going up against an employer can be challenging and frightening. Employees are entitled by federal law to seek up to double their lost wages and penalties when victimized by wage theft from their employers. 

An attorney has multiple paths for legal action for a specific instance of wage theft. These could include filing a lawsuit against the employer or working to negotiate a settlement directly with the company. Sometimes, methods of alternative dispute resolution, such as mediation, can be effective. 

Workers who have been affected by wage theft should consult with legal counsel so they understand their rights. An attorney can gather documentation, assess the strength of the underlying case, and navigate every phase effectively. In addition to back pay for wage theft, a worker who files a successful claim may also be entitled to liquidated (double) damages and the recovery of attorneys’ fees.

Reach Out to a Dedicated Wage Theft Attorney

Many workers hesitate to speak up about wage theft because they fear retaliatory actions from their employers. Retaliation is illegal, and employers who retaliate against or harass a worker exercising their legal rights may face federal investigation and other severe litigation outcomes. 

A wage theft lawyer can protect your rights from the earliest stages of your case, as well as fight to ensure that an employer who has engaged in wage and hour violations is held financially responsible. If you want to speak with an attorney about filing a successful wage theft dispute and getting fair compensation, use our convenient online chat function or fill out a form for a free confidential review today.

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