Has your boss skipped out on overtime pay?
Employee theft is one of the most pervasive workplace issues in the U.S. and millions of employees don’t even realize they’re victims. The reality is that billions of dollars are stolen from hard-working employees each year. However, with the help of an employment lawyer you can:
- Recover unpaid wages
- Hold your employer accountable
- Stop the violations from happening
And the best part? You don’t have to figure this out alone.
Here’s exactly how it works…
What you’ll uncover:
- What Are Wage And Hour Violations?
- The Real Cost Of Wage Theft In America
- How Employment Attorneys Build Your Case
- Common Types Of Wage Violations
- Protecting Yourself From Retaliation
What Are Wage And Hour Violations?
Wage and hour violations occur when an employer does not pay an employee what he or she is owed under federal or state law.
Employment laws like these are regulated by the Fair Labor Standards Act (FLSA) and state laws. They dictate minimum wage, overtime, meal periods and more. When an employer violates them… That’s wage theft.
Some of the most common wage and hour violations include:
- Unpaid overtime: Did not pay at least 1.5x regular rate for hours worked in excess of 40/week
- Off-the-clock work: Making workers perform job duties before they clock in or after they clock out
- Minimum wage violations: Paying less than the legal minimum hourly rate
- Tip theft: Managers taking tips that belong to staff
- Misclassification: Calling workers “independent contractors” to dodge benefits and overtime
The good news? You don’t have to absorb that loss. A qualified workplace retaliation attorney can help you recoup what’s yours and safeguard you from being penalized for coming forward. Many employees who find themselves in this predicament decide to partner with a San Diego employment lawyer who focuses on wage and hour claims because they are experts on California law.
This becomes particularly crucial when worker protection laws at the state level significantly exceed federal requirements for employers.
The Real Cost Of Wage Theft In America
The numbers paint a pretty grim picture.
The U.S. Department of Labor recovered $212 million in back wages for over 163,000 American workers in 2023. That’s an average of $1,296 owed per employee.
And that’s just what got recovered.
The majority of wage theft is unreported. Some employees are not even aware that they are victims. According to a new report by the Economic Policy Institute, close to 24% of temp workers suffer from wage theft committed by their employer by either low wages or refusal to pay overtime.
Think about that for a second.
That means almost 1 in 4 workers do not receive their full wages every pay period. The sectors most affected tend to be:
- Restaurants
- Construction
- Healthcare and home care
- Retail
- Agriculture
These are industries where workers literally can’t afford to lose wages. Which is precisely why employment lawyers are important. They level the playing field between everyday employees and corporations with teams of lawyers.
How Employment Attorneys Build Your Case
Here’s the truth about wage cases.
A skilled employment lawyer will not file suit on day one. They will look into your matter, build a case and collect evidence prior to filing a lawsuit. Their ultimate goal is to get you paid ASAP.
The process usually looks like this:
Step 1: Initial Review
The lawyer looks over your employment records, pay stubs and timesheets for any discrepancies. Bring anything and everything you have to that initial meeting. The more paperwork… The better the case.
Step 2: Calculate What You Are Owed
Next, the attorney works out exactly what you are owed. This usually includes:
- Unpaid wages
- Unpaid overtime
- Missed meal and rest break premiums
- Interest and penalties
- Attorney fees in some cases
The total can add up fast. Some workers recover tens of thousands of dollars.
Step 3: Send A Demand Letter
Many lawyers will send a demand letter to the employer before going to court. This can sometimes accomplish everything you want without ever filing a lawsuit.
Step 4: File A Claim Or Lawsuit
If the employer refuses to settle, the attorney files a claim with the labor commissioner or lawsuit in court. The case proceeds through negotiation or trial.
Common Types Of Wage Violations
There are certain violations that occur repeatedly. If you recognize any… There may be a claim worth investigating.
Unpaid Overtime
If non-exempt employees work more than 40 hours a week, they need to be paid at least 1.5x their normal rate. Some tricks employers use to avoid paying this are:
- Misclassifying workers as “exempt”
- Making employees work off the clock
- Averaging hours across pay periods
Misclassification As Contractors
Misclassifying a worker as an “independent contractor” instead of an employee is huge problem. It robs workers of:
- Overtime pay
- Health benefits
- Workers’ compensation
- Unemployment insurance
Stolen Tips
Some employers require tipped employees to share their tips with managers or non-tip earning workers. This practice is illegal in most circumstances.
Minimum Wage Violations
Tip workers who are on salary can also have their minimum wage violated if they make less than minimum wage per hour.
Protecting Yourself From Retaliation
Now for the part that scares most workers…
What happens if your employer fires you because you filed a complaint? That’s called retaliation, and it’s illegal. The EEOC reported that retaliation claims were the most filed charge in FY 2024 with 42,301 charges filed across the country.
Wait…
Retaliation has been the number one charge filed with the EEOC for 17 consecutive years. Think about that.
Here are some signs you are being retaliated against:
- Sudden termination after a complaint
- Demotion or pay cuts
- Schedule changes that hurt you
- Hostile treatment from supervisors
- Bad performance reviews that come out of nowhere
Talk to a wage and hour attorney about retaliation. A workplace retaliation attorney can fight back for you. They can even add retaliation claims to your wage claim. This can significantly increase the value of your case.
Bringing It All Together
Wage theft affects billions of dollars… but you don’t have to accept it.
Got your wages stolen by your employer? You have choices. Let an employment attorney help you save:
- Time — by handling all the legal heavy lifting
- Money — by recovering everything you are owed
- Stress — by shielding you from retaliation
The most important thing? Act fast.
Statutes of limitation for wage claims can be quite short, sometimes only a few years. Evidence becomes harder to find the longer you wait.
Don’t let your employer off the hook. A retaliation attorney can evaluate your claim and calculate precisely how much you are owed.
