In an economy where many people are working two or three jobs, every dollar counts — and families suffer when a worker isn’t given their full pay. Wage theft happens when an employer repeatedly takes wages from an employee’s paycheck.
There are a few common ways employers steal wages. It can help to be aware of these common examples if you believe you are not being paid for your work. Three of the top causes of wage theft are:
1. Unpaid overtime
Workers in California can earn overtime. An employee who works more than 8 hours in a workday or 40 in a workweek can earn one-and-one-half their typical pay rate. They can earn double their pay rate if they work more than 12 hours in a workday or more than 8 hours on the seventh consecutive day in a workweek. It’s important for employees to do the math on their overtime to make sure that their employer isn’t just paying them the regular hourly rate.
2. Off-the-clock work
One of the ways employers will avoid paying their employees the wages they are due is by asking them to work off the clock. They may phrase it as “being a team player” or “helping out” the company, or they may flat-out say that “prep time doesn’t count as work time.” All of this is illegal.
3. Employee misclassification
Employers may try to avoid paying overtime by classifying their employees as “exempt” from overtime rules or independent contractors. However, it’s the actual working relationship that determines those classifications, not just what the employer says.
If you believe you have not been paid for your work, you may need to reach out for professional legal guidance.