People work to get paid, right? That’s just a fact. And if you don’t work for that reason, you’re in the minority.
You follow the same routine in the days you do. Y clock in. You do your tasks. You clock out. And you hope to be paid for that.
But what if you aren’t?
This is not an easy conclusion to come to. No one wants to work for an employer for months or even years, only to witness their wages begin to decline. Maybe it happened slowly. Perhaps it was a sudden drop. Either way, you will be confused as well as frustrated.
A lot of the time, these situations occur due to a simple error. It might be administrative or payroll. Sometimes, though, the issue stems from something greater, from something illegal – like your employer intentionally withholding your pay.
In that scenario, you need to know how to act. You need to follow certain steps to ensure you receive the compensation you deserve.
Keep reading on to learn more.
Check Your Paystub and Contract
First things first, you need to be sure. This means looking at your paystubs and employment contract.
Wage theft needs proof, and these documents serve as your primary legal and factual proof of what you were promised as well as what you actually received. However, you do need to know what you need to look for in both.
For your pay stub, there’s more to it than just exposing the missing pay. You also need to verify gross vs. net pay. Your payslip will break down your gross wages, how they were calculated, specific deductions, and your final net pay.
It is also used to spot illegal deductions. For instance, your boss might have deducted money for business expenses – and this is limited by both federal and state laws.
Then there’s your employment contract. This will outline your agreed hourly rate, salary, benefit contributions, and pay schedule. If you spot deductions in your paystub, then you can check if these are authorized in the contract.
Gather Your Evidence and Raise the Issue Informally
Before reporting, you need proof.
Wage theft is illegal under the Fair Labor Standards Act (FLSA) and state laws. Evidence is required by these agencies before they will investigate. The type of proof you need will include:
- Paystubs,
- Schedules,
- Timecards,
- And work-related messages.
Such documents are needed when reporting internally. Your paper trail should be sent to your employer, HR, or the payroll department. This will give them the opportunity to fix errors. You shouldn’t just make accusations, as this could cause serious consequences.
If you do need to take further action, this strengthens your legal protections. You raised a good-faith internal complaint about unpaid wages. That’s good. This means you will be protected if your employer later retaliates against you.
Submit a Formal Grievance
Unfortunately, not all issues will be resolved by taking informal action. If that situation, you need to file a formal claim.
Most of the time, this means documenting the issue through a union or labor board. As a result, an indisputable record of dates, hours worked, paystubs, and communications is built.
Laws – like the FLSA, which was previously mentioned – will then be enforced. However, it might also be necessary to file a claim with the US Department of Labor Wage and Hour Division. This triggers an official review, and the investigators might compel your employer to pay back wages.
It will depend on the state you work in, too, so keep that in mind moving forward.
Take Legal Action If You Need To
And, if you still don’t receive the outcome you wished for, you have the option of legal action.
Unlawful pay docks and such are illegal. You need to take formal action to stop the behavior and subject your employer to government files or court penalties. Of course, you should work with a local attorney to ensure a clear understanding of your state laws.
For instance, a San Francisco wage theft lawyer will know that the minimum wage in California does not include tips. Workers must be paid the minimum wage before tips are allocated. If your employer doesn’t do this, you could have a case.
To conclude, there is a lot to know – and do – if your boss is withholding wages. You mustn’t just accept this behavior. Instead, take the action stated above and hold your employer to account.
