You clock out after a late shift, already mentally planning how to spend your hard-earned paycheck. But when payday arrives, the amount falls short of your expectations. This unfortunate scenario is a reality for many employees who fall victim to wage theft.
Here are signs of wage theft to watch out for.
1. Missing or inaccurate hours
Always review your pay stubs for accuracy. Do the hours listed match the time you worked? Employers must track and pay you for all hours worked, including overtime. If you notice discrepancies, this could signify a problem.
2. Unpaid overtime
In California, employers must pay overtime at 1.5 times your usual pay for any hours worked beyond eight in a single day or 40 in a week. This rule applies regardless of your job title or whether the work was authorized. If your employer fails to pay overtime or miscalculates overtime pay, they are likely violating California law.
3. Tip pooling issues
California law explicitly prohibits employers from withholding or taking any portion of an employee’s tips. These belong to the employee. If you work in a tip-based industry and notice discrepancies in your tip distribution or your employer taking a share, you might be experiencing wage theft.
4. Working off the clock
Employers cannot require or pressure you to work without compensation. This includes tasks such as answering emails, attending meetings or preparing for your shift outside your scheduled hours. If your employer expects you to work off the clock, they must pay you for that time.
5. Illegal deductions
While some deductions are legal, such as taxes and benefit contributions, California law restricts employers from making unauthorized deductions from your paycheck. This includes deductions for business expenses, customer theft or uniform costs, which are generally the employer’s responsibility.
Your time is valuable, and so is your ability to recognize when that value is not being honored. If you believe you are a victim of wage and hour law violations, enlist the help of a qualified attorney as soon as possible. Through legal action, they can recover the wages you have earned and hold your employer accountable for any wrongdoing.