Five Examples of Wage Theft To Watch Out For

Is Your Employer Not Paying You What You’re Owed?

Wage theft occurs when your employer doesn’t pay you what you’re owed. It can involve paying less—or not paying at all. There are many ways employers engage in this practice—and here are just a few examples to look out for.

Paying You Less Than Minimum Wage  

In Pennsylvania, the minimum wage is $7.25 per hour. In New Jersey it’s $15.13 per hour. 

Under both federal and state law, your employer has to pay you at least minimum wage. Some employers are exempt—such as restaurants, as servers are expected to make up the rest in tips. However, there are currently updated laws that strengthen employees’ protections when it comes to ensuring that their take-home pay adds up to at least minimum wage.

Another way employers try to get around paying minimum wage is by deducting things from your paycheck. In most cases, while there are some deductions that are lawful, your paycheck still has to add up to at least minimum wage for hours worked—and some deductions are not lawful.

Withholding Your Last Paycheck 

When you leave your job, your employer has to pay you your last paycheck no later than the next upcoming payday. If they don’t, they may be in violation of the law. This is true whether you quit or were fired.

Asking You To Work Without Pay

There have been cases where employees were asked to stay late and work without pay when the business was undergoing difficult financial times; or told that the company could not afford to pay them.

Often this request is made in the context of teamwork and family, exploiting a worker’s supposed obligations to help keep the company afloat. However, employers are not families under the law—and they are required to pay their employees.

This can also come in the guise of unpaid overtime. If your company is asking you to stay late or work weekends without compensation—and you are not exempt from overtime pay—they may be in violation of the law.

Misclassification of Employees 

Misclassification involves labeling employees as independent contractors. It’s wage theft—and unlawful—whether the misclassification is intentional or not.

If your employer misclassifies you as independent, that means they don’t have to pay payroll taxes, provide benefits, pay overtime, or comply with various workplace protections. All of this can add up to wage theft.

Mealtime Pay Violations

Meal and break periods don’t have to be paid as long as the break is at least 30 minutes long and the employees are not “working through” their break. If the employee is working during lunch, that should be paid time.

Employers don’t necessarily have to pay for meal and break periods if the employee is “available” during the break—meaning they are required to stay in uniform or stay on the work site—as long as the break meets the minimum time requirement.

Have You Experienced Wage Theft?

If you believe you have, then you should speak to a knowledgeable Pennsylvania employment attorney.

Your attorney can assess the situation and help you gain restitution in court. We have helped hundreds of clients recover lost wages and hold their employers accountable, and we can do the same for you. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today. 

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.