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The Hidden Crime: Understanding Wage Theft

Written by Salary.com Staff

December 1, 2023

23080823Mp The Hidden Crime: Understanding Wage Theft hero

Have you heard about wage theft? This is when employers do not pay employees for all their work. It 'is a big problem in the US, costing workers billions yearly. Wage theft is both illegal and wrong.

Right now, wage theft is gaining more attention, and laws are stronger. Workers need to know their rights and speak up. Dive into this article to understand wage theft better.

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What Is Wage Theft? Defining the Problem

Wage theft is an illegal practice where employers refuse to pay workers their owed salary. Many forms of wage theft are unpaid overtime, illegal salary deductions, below minimum wage, or even unpaid work hours.

Wage theft affects millions of workers, taking away billions of dollars each year in stolen wages. It affects all sorts of jobs, but most common in low-paying service jobs such as retail, restaurants, housework, and construction. Some tricky employers exploit workers who do not know their rights or think they cannot do anything. Wage theft is against the law.

Employers who practice this hidden crime will face big consequences.

How Widespread Is Wage Theft? Statistics on a Hidden Epidemic

Wage theft is common in the U.S., according to studies:

  • The Economic Policy Institute found that minimum wage violations alone cost American workers $15 billion per year.
  • In 2009, a study on low-wage workers in Chicago, Los Angeles, and New York City found that over two-thirds experienced at least one pay-related violation in their previous workweek.
  • Researchers estimate that the typical victim of minimum wage violations loses $2,634 annually, almost a quarter of their income.

Wage theft affects marginalized groups such as immigrants, women, and people of color more frequently. The issue becomes worse because labor laws are not enforced well, and companies aim to make more money by exploiting workers.

Until we create better laws, workers must stay vigilant and understand that they deserve better.

Different Forms Wage Theft Can Take

Here are examples of wage thefts:

Withholding Overtime Pay

Employees have the right to get overtime pay of 1.5 times their minimum wage if they work over 40 hours a week. But some dishonest employers call workers "exempt" to avoid paying overtime or alter time records to show fewer hours worked.

Paying Less than Minimum Wage

The minimum wage is $7.25 per hour. Some bosses pay in cash or label jobs differently to avoid paying minimum wage. When an employee gets tips, the employer must add money if tips are not enough to reach the minimum wage.

Improper Payroll Deductions

Employers cannot deduct money from employee pay for the cost of shortages, tools, training, or other operational expenses. Some take illegal deductions from employee paychecks.

Delaying Final Paychecks

When employees leave their job, employers must pay them their final wages on their next regular payday. This includes unpaid overtime and unused vacation time. . Some employers wait for weeks or months before giving departing employees their final paychecks.

Misclassifying Employees as "Independent Contractors"

Some companies label workers as independent contractors to avoid giving the minimum wage and other employee benefits. The IRS asserts that most workers must be classified as employees, not contractors.

Wage theft presents itself in various ways and honest workers lose fair pay and benefits they must receive. Know, speak up, and change rules to make irresponsible employers liable and stop wage theft.

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The Consequences of Wage Theft

Here are significant negative impacts of wage theft.

Financial Strain: Victims of wage theft earn less income. Workers face difficulty paying bills, rent, and other expenses due to missing wages.

Employee Dissatisfaction: Unpaid work leads to demotivation and lowered morale among workers. They lose trust in their employers, affecting the overall work atmosphere.

Legal Consequences: Employers who violate labor laws face lawsuits, fines, and penalties. Employers accumulate records of labor violations, leading to long-term problems. Businesses have to spend substantial amounts of money on legal defenses and settlements.

Reputation Damage: Businesses that engage in wage theft risk tarnishing their image in the industry. Cases of wage theft attract negative media attention and public scrutiny.

Productivity Drop: Reduced motivation leads to decreased productivity and quality of work.

Economic drop: Wage theft harms the economy. When workers have less money, they spend less, causing businesses to struggle. This situation causes job cuts, fewer working hours, or even businesses to close. Wage theft also leads to fewer paid taxes. Both workers and employers pay less in taxes, damaging funds for schools, roads, and healthcare.

Wage theft harms people already struggling, slows down economic growth, and deprives communities. Stronger rules and penalties are needed to stop employers from taking salary and safeguard workers.

Protecting Yourself: Recognizing and Reporting Wage Theft

Here are common warning signs and protect yourself from wage theft.

Know Your Rights

Educate yourself on the labor laws in your city and state. Know the minimum wage, overtime rules, and pay stub requirements.  Learn to recognize when an employer violates the law.

Review Your Pay Stub

Always check pay stubs to confirm that the hours and pay rate match work time. Make sure to check for any unauthorized deductions or incorrect withholding of overtime pay. Immediately bring up anything unusual with your employer.

Track Your Hours

Write down the hours you work each day to have a record. Note clock ins and outs, breaks, overtime, or when doing other tasks. These notes  serves as evidence when reporting wage theft.

Report Violations

Learn to speak up. Inform government groups such as the Department of Labor or your state's labor department. Get in touch with worker groups as well. Take this step to reclaim your rightfully earned money.

Employees often do not report wage theft for several reasons. This includes not being aware of their rights, fear, or lack of time or money for legal action. Lack of fairness keeps the wage theft problem going.

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Conclusion

Wage theft is a common issue for workers and is a huge problem but there 'is hope. Both employer and workers must take action to stop it.

Workers must learn about labor laws, correctly track their hours and pay, and report problems. Business owners must follow rules, check things often, and talk openly with workers. Increasing awareness and accountability, ends wage theft and creates a more equitable system.

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