Wage Theft is a major problem in the United States. The Economic Policy Institute recently reported that wage theft costs U.S. workers billions of dollars a year. Wage theft comes in many different forms and includes, but is not limited to, failure to pay overtime wages, minimum wage violations, misclassifying employees as salary exempt, misclassifying workers as independent contractors, making illegal deductions from employee’s pay, tipped job violations, miscalculating regular or overtime rate, and working off the clock. Moreover, it is illegal for an employer to retaliate against an employee for complaining about wage violations or for bringing a lawsuit or other action against an employer.
Wage theft and wage violations occur across all industries and jobs. Here are some of the industries where wage theft and violations are the most common:
Restaurants and Hotels
Home Health Care
Construction
Nurses (RNs, LPNs, STNA, etc.)
Factory and Packaging Workers
Retail and Drug Stores
Casino Workers
Security Guards
Waiters/Waitresses, Servers, Bartenders
Maintenance, Repair, and Technicians
Manufacturing
There are many ways an employer can violate the wage and overtime laws. Here is a list of some of the most commons ways, although there are certainly other violations:
Automatically deducting meal breaks and other breaks from pay.
Misclassifying an employee as salary exempt
Misclassifying an employee as an independent contractor
Not paying overtime because an employee is “salary”
Altering time records
Requiring Employees to work or travel off the clock
For more, see the Overtime Laws page (Link to Overtime Laws page)
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An overtime lawyer is one that specializes in unpaid overtime wages. If an individual believes their company is not paying them enough for overtime, or withholding it, these lawyers may be able to assist in suing the business for the outstanding amount.
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There are laws that protect you from unpaid wages. Contact your local Labor Board with the complaint. You will have to fill out a formal complaint against the company that owes the wages to you.
If your employer has failed to pay your wages or overtime, you can take legal action to recover them. Start by reviewing your pay records and discussing the issue with your employer. If unresolved, you can file a wage complaint with the U.S. Department of Labor (DOL) or the Florida Department of Economic Opportunity. As the Best Employment Attorney in Miami, Garcia Hernandez helps employees pursue legal claims to recover unpaid wages and overtime pay.
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If your employer has not paid you, you can file a complaint with the Better Business Bureau about the unpaid wages.
wages unpaid or owed
No
you don't
Unpaid earnings refer to income that an employee has earned but has not yet received, typically due to delays in payroll processing or timing issues. This can include wages, bonuses, or commissions that are owed but not yet disbursed. Unpaid earnings may also arise in situations like unpaid overtime or discrepancies in paychecks. It represents a liability for the employer until the payments are made.
Lawyers do not have the ability to garnish wages. That is the jurisdiction of the courts. A lawyer can petition the court for a garnishment for their fees.
no