You work to bring home a paycheck, and you’re entitled to the wages you earn under both state and federal laws. If your employer has violated pay laws by failing to pay you for all the work you’ve done, you’re entitled to seek relief for their wage theft. But how can you be certain of your suspicions? By learning to recognize some of the telltale red flags of wage theft.
What Is Wage Theft?
Wage theft occurs when an employer fails to pay an employee all wages they are owed under state and federal law. Wage theft behavior can include:
- Failing to pay time-and-a-half for overtime work
- Withholding tips
- Paying wages with an hourly rate below minimum wage
- Requiring off-the-clock work
Even minor infractions that happen regularly can cost workers significant amounts of money over time. When employees know the signs of wage theft, they can recognize employers’ violations more quickly.
Common Red Flags of Wage Theft
Some of the significant warning signs of wage theft include:
- Employers pay workers their regular hourly wage for overtime work.
- Employers miscalculate workers’ hours.
- Employees receive instructions to prepare for shifts or clean up while clocked out.
- Employers contact employees at home to handle work tasks.
- Employees are wrongly classified as independent contractors.
- Employers fail to distribute pooled tips correctly.
- Managers take a share of the tip pool.
- Paycheck deductions for uniforms or equipment lead to pay rates below minimum wage.
- Employees working in non-managerial, or non-administrative positions are classified as overtime-exempt.
Pittsburgh-Specific Protections and Resources
Pittsburgh has a paid sick time law. Under this law, employers with 15 or more employees must provide their workers with one hour of paid sick time for every 30 hours worked, up to a maximum of 72 hours in a calendar year. Pittsburgh employers with fewer than 15 employees must provide one hour of paid sick time for every 30 hours worked. However, employees may have no more than 48 hours of accrued sick time. Note that employers can adopt more generous sick leave policies if they wish.
If a Pittsburgh worker is a victim of wage theft, they can seek relief through the Pennsylvania Department of Labor & Industry or the U.S. Department of Labor’s Wage and Hour Division.
What To Do if You Suspect Wage Theft
When you believe your employer hasn’t paid you for all the work you’ve performed, you can take the following steps to protect your rights:
- Document the hours you work and the pay you receive
- Document discrepancies between your worked hours and your wages
- Review your pay records to determine how your employer calculated your wages
- Communicate your concerns in writing to your employer
- Preserve records of red-flag behavior by your employer
Finally, contact an employment lawyer as soon as possible to discuss your legal rights under wage and hour laws.
Contact an Employment Law Attorney Today
If your employer has engaged in wage theft, you have the right to protect yourself and seek compensation for what you’ve lost. Facing your employer in a legal action can be daunting, but it’s not something you have to do alone. Contact Ramage Lykos, LLC today for an initial consultation with our Pittsburgh employment law firm. We’re committed to helping the hardworking people of Western Pennsylvania, and we’re ready to stand up on your behalf to demand the wages you’re entitled to under the law.