Are you a victim of wage theft?

Noble McIntyre on May 4, 2017

wage theft

When you’re at work, you should be able to concentrate on the job at hand and not worry about whether or not you’re getting paid. Unfortunately, that’s not the reality for thousands of workers across the country — and maybe you’re one of them. Wage theft law violations have become more commonplace, which means that workers aren’t bringing home the paychecks that they rightfully earned.

The name of these actions — “wage theft” — might be misleading. The term refers to employers who deny an employee the wages or benefits that are owed. Although labor laws can vary by state, there are some common themes when it comes to employees not being paid properly. Here are a few of the most common offenses:

  1. Failure to receive overtime pay
  2. Illegal deductions
  3. Misclassification as an independent contractor (for someone who functions as an employee)
  4. Minimum wage violations
  5. Pressure not to file a Workers’ Compensation claim following injury

In one of the most publicized recent wage theft cases, Chipotle workers had been told that they needed to “clock out” at the end of their shifts, but they often had to continue to work until they had permission to leave. Sometimes, this could include end-of-day closing activities or preparation for the following day. Therefore, these workers ended up working substantially more hours in a pay period than those for which they were actually paid. While this is a cut-and-dried example, some are harder to spot. For instance, an employee is likely entitled to certain benefits and protections that he would not receive as an independent contractor. A company might try to maintain someone’s status as a contractor because that would be less expensive for the company, when in fact, the nature of the engagement could qualify that person to be a regular employee.

There are specific procedures in place for employees to report wage theft, but it can be tricky to navigate. The lawyers at McIntyre Law have taken this on as one of our areas of client representation because we know that it’s not something you likely want to tackle alone. Often, large employers like restaurant chains can get away with wage theft because they employ workers who don’t have many options for income. If you believe that your employer has treated you unfairly, and possibly illegally, when it comes to your wages, we can help. Contact McIntyre Law today so that we can help you to receive the payment that you deserve for your hard work!


Photo credit: Michael Gil, CC / BY

Noble McIntyre

Noble McIntyre is the senior partner and owner of McIntyre Law who focuses primarily on drug litigation and catastrophic injury cases. He is currently representing clients injured by the drugs Paxil, Levaquin and testosterone therapy drugs and by clients affected by oil field injuries. His goal has and continues to be to work diligently on behalf of his clients to achieve the highest and best result for his clients’ injuries while maintaining professionalism and abiding by all ethical standards of his profession. Read more about Noble McIntyre.

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