Have you ever looked at your paycheck and wondered if something wasn’t quite right? Maybe you’re working extra hours without extra pay, or your salary doesn’t match the hours you put in. This might indicate your employer is stealing your wages. This can include getting in off-the-clock work, wrong financial transactions, and even a compromised bank account in more severe cases.
If you’re dealing with something like this, you need to know about expense claims and post-shift work regulations. Ideally, if an employer requires extra effort/time, the employee should be compensated. However, most employers try to get the same amount of work done for the lowest possible pay rates
What Is Wage Theft and Why Should You Care?
Wage theft is more common than many employees realize, and it happens in subtle ways that often go unnoticed. We have several real-life wage theft stories in the U.S. These stories stand to show how big of a problem this is.
Therefore, understanding the red flags of wage theft can help you recognize when your employer is crossing the line and ensure you are receiving the wages you are legally entitled to.
Digging Deeper Into Wage Theft
Wage theft isn’t just an occasional paycheck error—it’s a serious violation of federal law. Employers who fail to pay employees their rightful wages are engaging in illegal and unethical behavior. Whether it’s failing to pay minimum wage, denying overtime pay, or making unauthorized deductions from your paycheck, wage theft robs workers of their hard-earned money.
Now, let’s take a closer look at key warning signs that indicate your employer is stealing your wages.
Major Red Flags That Indicate Wage Theft
There are several common examples that show wage theft. For instance, doing the same work for less pay because you’re promised some unrealistic promotion in the future. However, it doesn’t stop at that. herefore, here’s a quick rundown of major red flags that indicate your employer is stealing your wages.
1. Inconsistent or Incorrect Paychecks
Imagine working tirelessly all week only to find that your paycheck is lower than expected. A missing payment, unexplained deductions, or a different pay rate than what was agreed upon could be clear signs of wage theft.
If your paycheck fluctuates without explanation, your employer may be manipulating wages to cut costs. It is their responsibility to ensure your wages are paid correctly without requiring a dispute.
Example: You were hired at a pay rate of $15 per hour, but your paycheck reflects a lower amount without any valid reason. When you bring it up, your employer brushes it off as a “calculation mistake” but never corrects it.
2. Being Asked to Work Off the Clock
Employers sometimes ask workers to handle small tasks before clocking in or after clocking out, thinking it doesn’t count as work. Whether it’s setting up for the day, cleaning up after hours, or handling last-minute requests, these are all work-related tasks that should be paid.
Example: Your manager frequently asks you to take work-related phone calls before your shift starts or after it ends, but those minutes or hours never show up on your paycheck.
3. Unpaid Overtime or Manipulated Time Sheets
Federal overtime laws require non-exempt employees to receive time-and-a-half for any hours worked over 40 per week. If your employer refuses to pay for overtime hours, adjusts your reported hours, or pressures you into not reporting them, that’s wage theft.
Example: You work 50 hours in a week, but your paycheck only accounts for 40 hours because your employer “adjusted” the records.
4. Unlawful Paycheck Deductions
If you see deductions from your paycheck for things you never agreed to—like uniform costs, equipment fees, or even cash register shortages—your employer might be illegally taking money from your earnings. This can create a hostile work environment in some cases, putting plenty of stress on victims.
Example: You notice that every month, a small amount is deducted from your paycheck under “miscellaneous fees,” but HR refuses to provide an explanation.
5. Delays or Missing Paychecks
If you often hear excuses like “the company is going through financial struggles” or “We’ll pay you next week” when you don’t receive your paycheck on time, your employer may be mishandling payroll funds.
This is why most victims end up forming unions to protect their rights. However, business delays and additional complications, such as tax laws, can make matters worse.
Example: Your paycheck, which is supposed to arrive every Friday, is delayed repeatedly, and your employer offers no clear reason.
6. Misclassification of Employment Status
Employers sometimes misclassify workers as independent contractors or exempt employees to avoid paying overtime and benefits. If your job duties align with those of a non-exempt employee, but your employer denies you benefits and overtime, this is a major red flag. It might even prove that your employer is stealing your wages.
Example: You work fixed hours under direct supervision, but your employer insists you are an independent contractor and refuses to provide benefits.
7. Forcing Employees to Work Through Breaks
If your employer discourages or outright prevents you from taking legally required meal or rest breaks, this could be a form of wage theft. They are trying to take your employee rights away or shrink your break hours to a negligible number.
Example: You work in a retail store where your manager repeatedly schedules back-to-back shifts without allowing lunch breaks, violating labor laws.
8. Withholding Reimbursements for Work Expenses
If you are required to purchase job-related supplies, travel for work, or cover other work-related expenses, your employer must reimburse you. If they refuse, they are effectively stealing money from you.
Example: You use your personal car to make deliveries for your employer, but they never compensate you for gas or mileage.
9. Discouraging or Preventing Employees from Discussing Pay
Employers who engage in wage theft often discourage employees from discussing their wages. If you’re told not to talk about your salary with coworkers, your employer might be hiding unfair pay practices.
Example: You find out that a coworker in the same role with the same experience is making more than you, but when you ask about it, your employer warns you not to discuss wages with others.
10. Retaliation for Questioning Wages
Employers who engage in wage theft may try to intimidate employees who ask questions about their pay. If you are demoted, fired, or face negative treatment after raising concerns about wage discrepancies, that’s a major red flag.
Example: You file a complaint about missing overtime pay, and suddenly, your manager starts giving you fewer shifts or cutting your hours as punishment.
What Can You Do If You Suspect Wage Theft?
If you recognize any of these red flags, take action to protect your earnings.
Document Everything
Keep records of your hours worked, pay stubs, and any work-related expenses.
Know Your Rights
Review federal labor laws to understand what you’re entitled to.
Report to HR
Bring up discrepancies with human resources and request a written response.
File a Wage Complaint
If your employer refuses to correct the issue, file a complaint with the U.S. Department of Labor or your state’s labor agency.
Seek Legal Help
An employment attorney can help you take legal action against an employer engaging in wage theft. If you are wondering “how much does an employment attorney cost?” it’s not much if you choose the right professionals.
Protect Your Future – Speak Up Against Wage Theft
Wage theft not only affects your income but also your future financial security. If your employer is engaging in these unethical practices, don’t stay silent. Recognizing the warning signs and taking action can help you and other employees fight back against unfair labor practices.
Your work deserves fair pay—always remember that you are entitled to every dollar you earn. If you spot any of these red flags, don’t hesitate to stand up for your rights!
Get Help with BLG
Our employment lawyers at Bourassa Law Group are here to help you through it all. All you have to do is share your legal trouble with us.