Every employee deserves to be paid fairly for their work. Unfortunately, wage theft remains a widespread issue, affecting millions of workers each year. Whether it’s unpaid overtime, improper deductions, or withheld paychecks, wage theft violates both federal and state labor laws. If you believe your employer has failed to pay you what you’re owed, understanding your rights can help you take action.
What Is Wage Theft?
Wage theft occurs when employers fail to pay employees the full wages they have earned. Common examples of wage theft include:
- Unpaid Overtime: Not paying time-and-a-half for hours worked beyond 40 in a workweek.
- Misclassification: Classifying employees as exempt from overtime pay or as independent contractors to avoid wage obligations.
- Withholding Paychecks: Delaying or failing to pay wages altogether.
- Illegal Deductions: Deducting wages for uniforms, equipment, or other costs not allowed by law.
- Off-the-Clock Work: Requiring employees to perform tasks before or after their shifts without compensation.
Wage theft is not only unethical but also a violation of labor laws designed to protect workers.
Your Legal Protections
Employees are protected from wage theft under several federal and state laws, including:
- Fair Labor Standards Act (FLSA): Establishes federal minimum wage, overtime pay, and recordkeeping requirements for most employees.
- New Jersey Wage and Hour Law: Provides additional protections, including higher minimum wage rates and stricter overtime rules.
- New Jersey Wage Theft Act: Strengthens penalties for employers who violate wage laws and allows employees to recover damages for unpaid wages.
These laws ensure that employees are paid fairly and provide remedies for recovering lost wages.
Steps to Take If You Experience Wage Theft
If you suspect wage theft, taking these steps can help protect your rights and recover what you’re owed:
- Document Your Hours: Keep detailed records of the hours you worked, including dates, times, and tasks performed. Save pay stubs and any written agreements with your employer.
- Request an Explanation: Ask your employer or HR department for an explanation of discrepancies or missing pay.
- File a Complaint: Submit a claim to the U.S. Department of Labor’s Wage and Hour Division or the New Jersey Department of Labor and Workforce Development.
- Seek Legal Assistance: Consult an employment lawyer to evaluate your case, gather evidence, and file a lawsuit if necessary.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience helping employees recover unpaid wages and hold employers accountable for wage theft. Our attorneys can:
- Review your employment records and payroll practices to identify violations.
- File complaints with state or federal labor agencies to recover unpaid wages.
- Negotiate settlements to secure compensation for lost wages, penalties, and damages.
- Represent you in court to ensure your employer is held accountable.
We are committed to protecting employees and ensuring they receive the compensation they have earned.
Take Action Against Wage Theft
If your employer has denied you wages or violated labor laws, don’t hesitate to seek help. Contact Castronovo & McKinney, Wage and Hour Attorneys today for a consultation. Let us help you recover the pay you’re owed and protect your rights in the workplace.
