Protecting Your Rights in Cases of Wage Theft

Wage theft is a pervasive issue that deprives employees of the compensation they have rightfully earned. Whether it’s unpaid overtime, minimum wage violations, or withholding tips, wage theft violates both federal and state laws. Understanding your rights and how to take action is critical to recovering lost wages and holding employers accountable.

What Is Wage Theft?

Wage theft occurs when employers fail to pay employees what they are owed under the law. Common examples include:

• Unpaid Overtime: Not paying time-and-a-half for hours worked beyond 40 in a week for non-exempt employees.
• Minimum Wage Violations: Paying employees below the federal or state minimum wage.
• Off-the-Clock Work: Requiring employees to work before or after their scheduled shifts without compensation.
• Illegal Deductions: Deducting costs for uniforms, tools, or other items without employee consent or justification.
• Withholding Tips: Confiscating tips or not properly crediting them toward wages for tipped employees.
• Misclassification: Labeling employees as independent contractors or exempt to avoid paying overtime or benefits.

Wage theft not only harms employees financially but also undermines workplace fairness and compliance with labor laws.

Your Legal Protections Against Wage Theft

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

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

These laws ensure that employees receive fair compensation for their work and provide remedies for wage theft violations.

Recognizing Signs of Wage Theft

Wage theft isn’t always obvious, so it’s important to watch for these signs:

• Receiving less than the agreed-upon hourly rate or minimum wage.
• Being denied overtime pay despite working over 40 hours a week.
• Unexplained deductions or missing hours on your paycheck.
• Being asked to work through breaks or off the clock without pay.
• Lack of clear or consistent pay stubs documenting hours worked and wages paid.

If you notice any of these red flags, it’s important to take action to protect your rights.

Steps to Take If You Experience Wage Theft

If you suspect that you’re a victim of wage theft, follow these steps to recover your lost earnings:

1. Document Your Hours: Keep detailed records of your hours worked, including dates, times, and tasks performed.
2. Save Pay Stubs: Retain all pay stubs, timecards, and any communications with your employer regarding your pay.
3. Report the Issue Internally: Notify your employer or HR department of the discrepancy and request an explanation or correction.
4. 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.
5. Seek Legal Advice: An employment lawyer can help you file claims, recover lost wages, and seek damages for employer misconduct.

How Castronovo & McKinney Can Help

Castronovo & McKinney, LLC has a proven track record of fighting for employees who have experienced wage theft. Our attorneys can:

• Evaluate your case to identify wage and hour violations.
• Help you file complaints with the appropriate federal or state agencies.
• Negotiate settlements to recover unpaid wages, damages, and penalties.
• Represent you in court to hold your employer accountable for their actions.

We are committed to protecting employees’ rights and ensuring they receive fair compensation for their work.

Take Action Against Wage Theft

If you believe your employer has violated wage and hour laws, don’t hesitate to take action. Contact
Castronovo & McKinney, Wage and Hour Attorneys today for a consultation. Let us help you recover the wages you’ve earned and hold your employer accountable.