Missing Hours, Missing Wages: How to Recover What You’re Owed

Wage theft is a widespread issue that affects millions of workers across various industries. Whether it’s unpaid overtime, incorrect pay rates, or employers failing to account for all hours worked, wage theft can leave employees struggling to make ends meet. If you’ve been working hard but your paycheck doesn’t reflect the full amount you’re owed, you have the right to take action.

In this article, we’ll explore how to recognize wage theft, the steps you can take to recover unpaid wages, and how to protect yourself from future issues.

1. Recognizing Wage Theft

Wage theft occurs when employers fail to pay workers what they are legally owed. This can happen in several ways:

• Unpaid Overtime: Employees who work more than 40 hours in a workweek are typically entitled to overtime pay at 1.5 times their regular rate. If your employer is not compensating you for extra hours worked, they are violating wage and hour laws.
• Failure to Pay for All Hours Worked: Employers may ask workers to work off-the-clock, such as preparing for a shift before clocking in or cleaning up after clocking out. This time must be compensated.
• Incorrect Pay Rates: Your pay should reflect the agreed-upon rate in your employment contract or what’s legally required by minimum wage laws. If you are being paid less than this, it’s a form of wage theft.
• Deductions Without Consent: Sometimes, employers make unlawful deductions from wages for things like uniforms, equipment, or business expenses. These deductions should only occur with your consent and must comply with labor laws.

If you’re noticing discrepancies between your worked hours and your paycheck, or if your overtime isn’t being compensated, you could be experiencing wage theft.

2. Documenting the Hours You Worked

If you believe you’re missing hours from your paycheck, the first step is to document everything. Keep detailed records of your hours worked, including start and end times, breaks, and any extra work done outside your normal schedule. If your employer uses a time clock system, regularly check your timesheets and compare them with your pay stubs to spot discrepancies.

Additionally, make sure you save all communication with your employer regarding your hours and pay. This includes emails, texts, or verbal conversations that discuss your work schedule or compensation. Having this documentation is crucial if you need to file a formal complaint or pursue legal action.

3. Filing a Complaint with Your Employer

Before escalating the issue, try addressing it directly with your employer. Provide them with your documented hours and explain the discrepancy in your wages. Sometimes wage theft happens due to administrative errors, and your employer may resolve the issue quickly.

If your employer fails to respond or refuses to correct the problem, you may need to file a formal complaint with your state’s labor department or the U.S. Department of Labor’s Wage and Hour Division (WHD).

4. Filing a Wage Claim with the Department of Labor

The Wage and Hour Division enforces federal wage and hour laws, including the Fair Labor Standards Act (FLSA), which governs minimum wage, overtime, and recordkeeping requirements. If your employer has violated these laws, filing a complaint with the WHD can help you recover unpaid wages.

To file a complaint, you will need:

• A description of the wage theft (e.g., unpaid overtime, missing hours)
• Documentation of your hours worked and pay received
• Any relevant communication with your employer

Once you file a claim, the WHD will investigate your employer’s pay practices. If they find violations, your employer may be required to pay back wages and penalties.

5. Pursuing Legal Action

If filing a complaint with the Department of Labor doesn’t resolve the issue, or if you believe the wage theft is part of a larger problem like discrimination or retaliation, you may need to seek legal assistance. An employment attorney can help you recover your unpaid wages and explore other legal claims, such as wrongful termination or retaliation.

In some cases, wage theft can be tied to other forms of mistreatment in the workplace. For example, if you’re experiencing discrimination through your employee benefits (such as receiving fewer benefits than your colleagues based on race, gender, or age), this could be part of a broader legal claim. Employment discrimination tied to wages and benefits is illegal under both federal and state laws.

6. Protecting Yourself from Future Wage Theft

Once you’ve recovered your wages, it’s important to take steps to protect yourself from wage theft in the future:

• Track Your Hours: Continue to document your work hours and pay, even if you’re not experiencing issues. Having a record will help you spot problems early on.
• Know Your Rights: Stay informed about your rights under federal and state wage laws, including minimum wage, overtime, and break requirements.
• Talk to an Attorney: If you have ongoing concerns about your employer’s wage practices or feel you’re being mistreated, an attorney can help you understand your rights and take action if needed.

Missing hours and missing wages are serious issues that affect many workers across industries. By understanding wage theft, documenting your hours, and taking action when discrepancies arise, you can recover the pay you’re owed and protect yourself in the future.

If your employer is not willing to resolve the issue or if you suspect that wage theft is part of a larger pattern of discrimination or retaliation, consider speaking with an employment attorney who can help you navigate the legal process.