5 Common Forms of Wage Theft and How to Fight Back
Wage theft costs workers billions each year. Learn the most common ways employers steal wages.
Off-the-Clock Work
Requiring work before clocking in or after clocking out, including setup, cleanup, pre-shift meetings, and post-shift security checks. If the employer benefits, the time must be compensated.
Misclassification to Avoid Overtime
Classifying non-exempt employees as exempt or as independent contractors. If your actual duties do not meet exemption tests, you may be owed overtime.
Automatic Meal Break Deductions
Deducting break time even when employees work through breaks. If you perform duties during your break, it must be compensated.
Tip Theft and Illegal Tip Pooling
Employers keeping tips, requiring sharing with managers, paying less than tipped minimum wage, or assigning excessive non-tipped duties at the lower rate.
Fighting Back
Keep your own hour records, compare to pay stubs, file with the DOL Wage and Hour Division, or pursue a private FLSA lawsuit. You may recover double the unpaid wages plus attorney's fees.
Think You Have a Case?
This article is for informational purposes. For advice specific to your situation, speak with an experienced employment attorney at no cost.
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