You go to work every day with the expectation that your employer will pay you for the hours you give to the company. Unfortunately, wage theft is more common than you realize.
You may not realize that your employer is violating wage and hour laws, costing you significant income over time. Understanding what wage theft looks like can help you recognize when your rights may be violated.
What is wage theft?
Wage theft occurs when an employer fails to pay an employee the wages they are legally owed. In some cases, the problem is obvious, such as failing to pay for hours worked. In others, the violations are less noticeable, though they remain unlawful. However, even small discrepancies in pay can add up quickly over weeks, months or years.
California has strong employee protections in place. Nonexempt employees are usually entitled to overtime pay of 1.5 times their normal rate if they work more than eight hours in a day or more than forty hours in a week. If they work more than twelve hours a day, they are entitled to double time.
State law also requires employers to provide employees with meal and rest breaks. When workers are pressured to skip breaks or continue working during unpaid meal periods, employers may be violating labor laws.
Another common example of wage theft involves off-the-clock work. Employers can’t require their employees to perform job duties without compensation, even if the tasks only take a few minutes. Setting up equipment before a shift or cleaning up after clocking out may qualify as compensable work time.
Some employers attempt to avoid paying overtime or providing other paid benefits by labeling workers as independent contractors instead of employees. However, there are strict legal standards to determine whether a worker is truly an independent contractor.
If you believe you are a victim of wage theft, you may have legal options. Speaking with a legal representative can help you understand your rights. They can review your situation, determine if wage theft occurred and help you pursue the compensation your employer owes you.