Your wages are how you pay bills, buy food and provide for your family. When your paycheck is short because your employer did not pay you the full amount, then you could face severe financial difficulties. You may be a victim of wage theft if your employer is withholding your pay.
By law, your employer should pay you for the work you do. You could file a wage theft claim against your employer if you believe they are stealing from your wages. To begin your case, it helps to understand how your employer is stealing from you. Here are some common causes of wage theft:
1. Requesting unpaid overtime
Your employer could have asked you to work extra hours to meet deadlines without pay. For these extra hours worked, you may be entitled to overtime payments. In New York, overtime is calculated by one and a half times your regular rate for every hour worked past 40 in a work week. If you were only paid the regular rate for your extra work or paid nothing, then your employer may be stealing from you:
2. Wrongly classifying an employee
How an employee is classified can determine what type of benefits they can receive. If an employee is considered exempt, they may not receive overtime pay. If an employee is classified as a contractor, they may not have minimum wage and overtime rates. However, an employee may have been wrongly classified, which prevented them from receiving overtime payments and minimum wage.
If you believe your employer is taking advantage of you, you can reach out for legal guidance to discuss a wage theft case.
