According to a report from the Economic Policy Institute, low-wage workers
in California lose $2 billion per year due to wage theft that has been
committed by employers. In fact, the rideshare company Uber was forced
to repay millions of dollars to its drivers after shorting their commission
payments for several years. According to the lawsuit, Uber did not include
driver taxes and fees into its calculations, which led to employees losing
out on wages they are entitled to.
What Is Wage Theft?
Wage theft occurs when an employer either intentionally or unintentionally withholds
money that is owed to an employee. Under The Fair Labor Standards Act
of 1938 (FLSA), you have the right to receive fair payment for the labor
you perform. If your employer withholds your wages, you can take legal
action against them.
Common Forms of Wage Theft
The following are common ways employers commit wage theft:
Withholding Overtime Pay: If you are an hourly employee and work more than 40 hours a week, your
employer is legally required to pay you at least time-and-a-half for the
overtime work you perform. Employers who fail to pay their workers for
overtime can be sued for wage theft.
Wage Garnishment: It is illegal for an employer to charge an employee for training materials
or replacing equipment that is necessary to perform their job functions.
Charging employees for items that make the workplace operate correctly
can result in a wage theft lawsuit.
“Off-The-Clock” Work: This is one of the most common forms of wage theft committed by employers.
Any uncompensated job-related tasks your employer requires you to complete
either before or after your shift is considered off-the-clock work.
Job Misclassification: Some employers deliberately give employees managerial sounding titles so
they can reclassify their employment status and avoid paying overtime
wages. Employees who have been misclassified can sue their employer for
Working Through Breaks: Employers must pay employees if they work through their designated break
period. It is illegal for your employer to ask you to “volunteer”
to work through your break.
Paying Less Than Minimum Wage: If your employer pays you less than the state or federal minimum wage,
you can file a claim for wage theft.
Hollister Employment Law Lawyer
Do you think your employer has withheld wages you are entitled to? If so,
you should get in touch with our legal team to discuss your options. Our
skilled attorney can review the facts of your case and give you the legal
advice that you need to secure a fair case result. Let our legal professionals
assist you today.
Call (888) 796- 4010 to
set up a free consultation with an
employment law attorney in Hollister.