Wage Theft & Unpaid Wages
If you work for a living, getting paid correctly matters.
But figuring out whether your paycheck is right isn’t always easy. You might be working extra hours without realizing you’re entitled to overtime, getting asked to work before you clock in, seeing unexpected deductions from your paycheck, or wondering why your employer hasn’t paid you on time.
Worker Wisdom’s Wage Theft & Unpaid Wages resource center brings together our guides on these common workplace pay problems. Whether you’re missing wages, dealing with unpaid overtime, or simply trying to understand your rights, you’ll find the relevant information below.
What Is Wage Theft?
Wage theft generally means an employer has failed to pay an employee wages the employee is legally entitled to receive.
It can take many forms, including:
- Unpaid wages
- Unpaid overtime
- Working off the clock
- Working during an unpaid meal break
- Improper paycheck deductions
- Minimum wage violations
- Employee misclassification
- Failure to pay earned wages
Federal law provides important wage protections, but state laws may provide additional rights and protections.
Off-the-Clock Work
Being told to clock out doesn’t necessarily mean you’re no longer working.
If your employer expects you to finish work before or after your scheduled shift, answer work messages at home, or work through an unpaid lunch, you may have questions about whether that time must be paid.
Explore these articles:
- Can Your Employer Make You Work Off the Clock?
Learn when work performed before or after your shift may have to be counted as paid time. - Can Your Employer Make You Work Through Lunch?
Learn what happens when you’re expected to keep working during an unpaid meal break.
Unpaid Wages & Missing Pay
Sometimes the problem is simple: you worked, but your paycheck doesn’t include everything you earned.
A missing payment could result from a payroll mistake, incorrect time records, unpaid work, an improper deduction, or another wage violation.
Explore these articles:
- What to Do If Your Employer Doesn’t Pay You
Find out what steps you can take if you believe your employer owes you wages. - What Happens If Your Employer Doesn’t Pay You on Time?
Learn about paycheck deadlines and why the rules can vary depending on where you work. - Can Your Employer Delay Your Paycheck?
- Can an Employer Withhold Your Last Paycheck?
Overtime Pay
Overtime is one of the most common sources of wage disputes.
Under federal law, covered non-exempt employees generally must receive overtime pay for qualifying hours worked over 40 in a workweek. But whether you’re entitled to overtime can depend on your classification and other factors.
Explore these articles:
- Overtime Pay: Are You Eligible?
Learn who generally qualifies for overtime and why your employee classification matters. - Can Employers Force Overtime?
Find out whether your employer can require you to work additional hours. - Can You Be Forced to Work Overtime Without Pay?
Understand the difference between being required to work overtime and being required to work overtime without proper compensation. - Unpaid Overtime: What Can You Do?
Learn what you can do if you believe you worked overtime but weren’t properly paid.
Paycheck Deductions
Seeing money deducted from your paycheck can be frustrating—especially when you don’t understand why it was taken.
Employers may be allowed to make certain deductions, but federal and state laws can place limits on what they can deduct.
Explore these articles:
- Can Your Employer Deduct Money From Your Paycheck?
Learn when paycheck deductions may be legal and when they may violate wage laws. - Can Your Employer Deduct Money for a Mistake or Shortage?
Learn about deductions related to cash shortages, damaged property, mistakes, equipment, and other workplace expenses.
Employee Classification
Your employee classification can have a major effect on your right to overtime.
Being paid a salary does not automatically mean you are exempt from overtime. Federal law has specific requirements for certain exemptions.
Explore these articles:
- Exempt vs. Non-Exempt Employees
Understand the difference between exempt and non-exempt employees and why the distinction matters. - Can Your Employer Misclassify You to Avoid Paying Overtime?
Learn how misclassification can result in unpaid overtime and what you can do if you believe you’ve been classified incorrectly.
Reporting & Recovering Unpaid Wages
If you believe your employer owes you money, you may have options for trying to recover it.
Depending on the circumstances, you may be able to address the issue with your employer, file a complaint with a government agency, file a wage claim, or pursue another legal remedy.
Explore these articles:
- How to Report Wage Theft
Learn where you may be able to report suspected wage violations. - How to File a Wage Claim
Learn what a wage claim is, where you may be able to file one, and what information can help support your claim. - How Far Back Can You Claim Unpaid Wages?
Learn about the deadlines that may apply when trying to recover unpaid wages.
Documenting Unpaid Wages
If you think you’re not being paid correctly, keeping your own records can be extremely helpful.
Keep track of:
- Hours you actually worked
- Timecards
- Pay stubs
- Work schedules
- Overtime hours
- Unpaid meal periods
- Work performed before or after your shift
- Emails and text messages about your work hours
- Instructions to work without recording the time
- Paycheck deductions
- Changes to your time records
Explore this article:
- How to Document Unpaid Wages
Learn what records you should keep if you believe your employer isn’t paying you correctly.
What Should You Do If You Think You’re Experiencing Wage Theft?
If something doesn’t look right on your paycheck, don’t ignore it.
Start by comparing the hours you actually worked with the hours your employer recorded. Review your pay stubs and timecards, keep your own records, and identify the specific pay issue you’re dealing with.
Depending on the situation, you may also want to:
- Ask your employer or payroll department about the discrepancy.
- Review the wage laws that apply where you work.
- Contact the appropriate labor agency.
- Consider filing a wage claim.
- Speak with an employment attorney if you believe you are owed significant wages or the situation is complicated.
Start with the article that best matches your situation above.
Related Worker Wisdom Resources
Wage issues can overlap with other workplace rights. You may also want to explore:
- Breaks & Lunch Laws
- Labor Laws
- Payroll & Taxes
- Employee Rights
The Bottom Line
Wage theft isn’t always obvious.
It can involve a paycheck that is short, overtime that was never paid, work performed after clocking out, an unexpected deduction, or an employee classification that doesn’t match the work being performed.
If you think something is wrong with your pay, start by figuring out exactly what happened and keeping good records.
Then explore the Worker Wisdom guide that matches your situation to learn more about your rights and possible next steps.
Disclaimer
This page is for informational purposes only and is not legal advice. Employment laws vary by state and individual circumstances. Please consult a qualified attorney for advice about your situation. Please read our Terms and Conditions.