Wage Theft & Unpaid Wages: Employee Rights and What to Do
If you believe your employer has not paid you everything you are owed, you may be dealing with wage theft or unpaid wages.
Wage problems can take many forms. Your employer might require you to work before clocking in, fail to pay overtime, make an improper deduction from your paycheck, or classify you incorrectly to avoid paying you what you are owed.
Worker Wisdom’s Wage Theft & Unpaid Wages hub brings together our guides on these common workplace pay problems, helping you understand your rights and what you can do if you believe your employer has not paid you correctly.
Table of Contents
What Is Wage Theft?
Wage theft generally refers to situations in which an employer fails to pay an employee wages the employee is legally entitled to receive.
Depending on the circumstances and applicable law, wage theft can include:
- Unpaid wages
- Unpaid overtime
- Working off the clock
- Improper paycheck deductions
- Unpaid work performed during meal breaks
- Failure to pay minimum wage
- Misclassification that results in unpaid overtime
- Failure to pay earned wages
Federal and state wage laws may apply, and state laws can provide additional protections beyond federal law.
Off-the-Clock Work
Employees sometimes perform work without recording the time. This might happen before a shift, after clocking out, during an unpaid lunch, or while working from home.
For covered non-exempt employees, compensable work generally must be counted as hours worked even when the time was not properly recorded.
Can Your Employer Make You Work Off the Clock?
Learn when an employer may be required to pay you for work performed before or after your scheduled shift, during breaks, or at home.
Can Your Employer Make You Work Through Lunch?
Learn what can happen when an employee is expected to work during an unpaid meal break and how federal and state break laws may apply.
Unpaid Wages & Missing Pay
Sometimes the problem is simple: you worked, but your paycheck does not include everything you earned.
Missing wages can result from incorrect time records, payroll mistakes, unpaid work, improper deductions, or other wage violations.
What to Do If Your Employer Doesn’t Pay You
Learn what steps you can take if you believe your employer has failed to pay wages you earned.
What Happens If Your Employer Doesn’t Pay You on Time?
Learn about paycheck deadlines and why the rules governing when employees must be paid can vary by state.
Overtime & Wage Theft
Overtime is one of the most common areas where employees may discover they are owed additional wages.
Under the federal Fair Labor Standards Act, covered non-exempt employees generally must receive overtime pay for qualifying hours worked over 40 in a workweek.
Overtime Pay: Are You Eligible?
Learn who generally qualifies for overtime under federal law and why your employee classification matters.
Can Employers Force Overtime?
Learn whether an employer can require employees to work overtime and what happens when those additional hours must be paid.
Can You Be Forced to Work Overtime Without Pay?
Learn why being required to work additional hours and being required to work those hours without compensation are two different issues.
Unpaid Overtime: What Can You Do?
Learn what employees can do when they believe they worked overtime but were not properly compensated.
Paycheck Deductions
An employer cannot necessarily deduct whatever it wants from an employee’s paycheck.
Federal and state laws can limit certain deductions, particularly when a deduction could reduce an employee’s wages below legally required amounts.
Can Your Employer Deduct Money From Your Paycheck?
Learn when an employer may legally deduct money from your paycheck and when a deduction may violate wage laws.
Can Your Employer Deduct Money for a Mistake or Shortage?
Learn about paycheck deductions for cash shortages, damaged property, mistakes, equipment, and other workplace expenses.
Employee Classification & Unpaid Wages
Your classification can have a major impact on your right to overtime.
Being paid a salary does not automatically make an employee exempt from overtime. Federal law contains specific requirements for certain exemptions.
Exempt vs. Non-Exempt Employees
Learn the difference between exempt and non-exempt employees and why classification matters when determining overtime rights.
Can Your Employer Misclassify You to Avoid Paying Overtime?
Learn how employee misclassification can result in unpaid overtime and what employees can do if they believe they have been incorrectly classified.
Reporting Wage Theft & Recovering Unpaid Wages
If you believe your employer owes you money, you may have several options.
Depending on your circumstances, you may be able to raise the issue with your employer, file a complaint with a government agency, or pursue a legal claim.
How to Report Wage Theft
Learn where employees can report suspected wage violations and what information may be useful when making a complaint.
How to File a Wage Claim
Learn what a wage claim is, where you may be able to file one, and what records can help support your claim.
How Far Back Can You Claim Unpaid Wages?
Learn about the time limits that may apply when trying to recover unpaid wages under federal and state law.
How to Document Unpaid Wages
If you believe you are not being paid correctly, keeping your own records can be extremely helpful.
Consider keeping records of:
- Hours you actually worked
- Timecards
- Pay stubs
- Work schedules
- Emails and text messages concerning your work hours
- Instructions to work before clocking in or after clocking out
- Unpaid meal periods
- Overtime hours
- Paycheck deductions
- Changes made to your time records
Keep your records somewhere you can access them and do not alter company records.
What Should You Do If You Think You Are a Victim of Wage Theft?
Start by comparing the hours you actually worked with the hours and wages recorded by your employer.
Then determine whether federal or state wage laws may apply.
If you believe you are owed money, you may want to:
- Keep detailed records of your work and pay.
- Review your paychecks and timecards.
- Ask your employer or payroll department about discrepancies.
- Research the wage laws that apply where you work.
- Consider contacting the appropriate labor agency.
- Consider speaking with an employment attorney if the situation is significant or complicated.
Do not wait indefinitely to investigate a potential wage claim because legal deadlines may apply.
Wage Theft & Unpaid Wages: The Bottom Line
Wage theft can happen in many different ways, from working off the clock to unpaid overtime and improper paycheck deductions.
Understanding the specific type of wage problem is an important first step.
Whether you are dealing with off-the-clock work, unpaid overtime, missing wages, paycheck deductions, or employee misclassification, WorkerWisdom’s Wage Theft & Unpaid Wages hub can help you find information about the specific wage issue you’re facing.
Explore the topics above to learn more about your rights under applicable federal and state wage laws.
Disclaimer
This article 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.