What Does Wage Theft Mean?

If you have not been paid fairly by your employer for the amount of work you have performed and for the number of hours you put in, then you could be experiencing wage theft. While the term “wage theft” might sound like language that refers to an overt situation in which your wages are quite literally stolen from your bank account or from your wallet, the term actually refers to much more subtle practices in which employers do not fairly and appropriately pay employees based on state and federal law.

When an employee is underpaid based on hours worked or overtime hours worked, not paid the minimum wage, misclassified so that they are not appropriately paid overtime, or not paid the wages they are owed for any reason, then the employee may have a wage theft claim. One of our Palm Beach Gardens wage and hour law attorneys are here to help.

Learning More About Employee Wage and Pay Rights in Florida

To understand how wage theft can occur, it is important to understand what rights employees have in Florida under state and federal laws.

Florida has a minimum wage of $12.00 per hour, which means that employees generally must receive at least the minimum wage regardless of lawful deductions made from paychecks. In addition, non-exempt employees must be paid overtime at 1.5 times their regular rate of pay for hours worked beyond the 40 hour workweek. When employees are not paid for meal breaks, they are also entitled to have that entire period of time to themselves — they cannot be required to perform work-related tasks on an unpaid break, or at other off-schedule times without being compensated.

In addition, employees must be properly classified as exempt or non-exempt employees (exempt employees are generally salaried employees in executive, administrative, professional, or outside sales jobs who do not have the same overtime pay and other rights under the Fair Labor Standards Act (FLSA) as non-exempt employees).

Identifying Forms of Wage Theft in South Florida 

Wage theft can take many different forms, so it is essential to seek legal advice if you believe you have not been paid fairly. To help you understand the wide range of forms wage theft can take, the following are just some common examples of wage theft for which an employee may be able to file a claim and seek the wages they are owed:

• Employee does not receive a paycheck for hours already worked after resigning or after being terminated;
• Deductions are made from an employee’s wages that results in an employee earning less than $12.00 per hour;
• Employee’s wages are miscalculated and underpaid as a result;
• Employee is not paid commissions owed to them;
• Employee is misclassified as exempt when that employee is actually non-exempt and entitled to overtime pay;
• Employee is a non-exempt employee and is not paid at the FLSA-required overtime rate for hours worked beyond the 40-hour workweek; and
• Employee is required to perform work during an unpaid break or after hours when they are not being paid.

Contact a Palm Beach Gardens Wage and Hour Lawyer 

If you have any questions or concerns about wage theft in South Florida, or about your rights as an employee under wage and hour laws more generally, it is important to seek legal advice. An experienced Palm Beach Gardens wage and hour attorney at Sconzo Law Office can speak with you today to learn more about your case and to help you file a claim to seek the wages you are owed. Contact us for more information about how we can assist you.

Source:

dol.gov/agencies/whd/minimum-wage/state