What Is Wage Theft?

Wage theft occurs when employers fail to pay employees the full wages they have earned. Common examples include:

• Unpaid Overtime: Failing to pay time-and-a-half for hours worked beyond 40 in a workweek.
• Minimum Wage Violations: Paying less than the federal or state minimum wage.
• Misclassification: Labeling employees as independent contractors or exempt workers to avoid paying overtime and benefits.
• Withholding Tips: Taking tips intended for employees or not properly crediting them toward wages for tipped workers.
• Off-the-Clock Work: Requiring employees to perform tasks before or after their shifts without compensation.
• Illegal Deductions: Deducting wages for uniforms, equipment, or other costs not allowed by law.

Your Legal Protections Against Wage Theft

Employees are protected from wage theft under several federal and state laws, including:

• Fair Labor Standards Act (FLSA): Establishes federal minimum wage, overtime pay, and recordkeeping standards for most employees.
• New Jersey Wage and Hour Law: Provides additional protections for employees, including a higher minimum wage and stricter overtime requirements.
• New Jersey Wage Theft Act: Strengthens penalties for employers who violate wage laws and allows employees to recover damages for unpaid wages.

These laws empower employees to take action against wage theft and seek remedies for lost earnings.

Signs of Wage Theft

Recognizing wage theft can be difficult, especially if the violations are subtle. Common signs include:

• Not receiving overtime pay despite working more than 40 hours a week.
• Paychecks that don’t match the hours you worked or agreed-upon wage rates.
• Being classified as an independent contractor despite working as a full-time employee.
• Missing pay stubs or incomplete time records.
• Being required to work off the clock or during breaks without compensation.

If you notice any of these issues, it’s important to address them promptly.

Steps to Take If You Experience Wage Theft

If you suspect your employer has violated wage and hour laws, follow these steps:

1. Document Your Hours: Keep a record of your hours worked, including dates, times, and tasks performed. Save pay stubs and any written agreements with your employer.
2. Report Internally: Notify your employer or HR department of the discrepancies and request a correction.
3. File a Complaint: Submit a claim to the U.S. Department of Labor’s Wage and Hour Division or the New Jersey Department of Labor and Workforce Development.
4. Consult an Attorney: An employment lawyer can help you understand your rights, gather evidence, and pursue compensation for unpaid wages.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC has extensive experience helping employees recover unpaid wages and damages due to wage theft. Our attorneys can:

• Review your employment records to identify violations of wage and hour laws.
• Help you file complaints with state or federal labor agencies.
• Negotiate settlements to recover lost wages, penalties, and damages.
• Represent you in court to hold your employer accountable for wage theft.

We are committed to protecting employees and ensuring they receive the compensation they’ve earned.

Take Action Against Wage Theft

If your employer has violated wage and hour laws, don’t wait to seek help. Contact
Castronovo & McKinney, Wage and Hour Attorneys today for a consultation. Let us help you recover the wages you deserve and ensure fair treatment in the workplace.