Wage theft is a serious issue affecting many employees across the United States. It happens when an employer fails to pay employees the wages they are owed, either through underpayment, failure to pay overtime, or withholding tips and commissions. While wage theft may seem like a minor issue to some, it can have a significant impact on your livelihood. If you’re facing wage theft, it’s crucial to consult with an experienced employment lawyer who can help you recover the money you’re entitled to.
At Castronovo & McKinney, LLC, we specialize in wage theft cases and are committed to helping employees recover unpaid wages. If your employer is violating wage and hour laws, an employment lawyer can guide you through the legal process, protect your rights, and ensure that you are fairly compensated for your work. In this article, we will explore common forms of wage theft, how an employment lawyer can help, and why you should seek legal assistance if you believe your employer owes you wages.
What is Wage Theft?
Wage theft occurs when an employer does not pay an employee their full earnings as required by law. It can happen in various ways, including:
- Failure to Pay Minimum Wage: Employers are required to pay employees at least the federal or state minimum wage. If you are paid less than the legally mandated minimum wage, your employer is committing wage theft.
- Failure to Pay Overtime: Employees who work more than 40 hours in a week are generally entitled to overtime pay at a rate of 1.5 times their regular hourly wage. Some employers may attempt to avoid paying overtime by misclassifying employees as exempt or not paying for overtime hours worked.
- Off-the-Clock Work: Employers are required to pay for all hours worked, including work performed before or after a scheduled shift or during breaks. If you’re working off the clock without compensation, your employer may be committing wage theft.
- Misclassification of Employees: Some employers misclassify workers as independent contractors or salaried employees to avoid paying benefits or overtime. If you’re misclassified, you may be entitled to unpaid overtime and other benefits.
- Withholding Tips or Commissions: Employers are not allowed to withhold tips or commissions that belong to employees, such as waiters or salespeople. If your employer is taking a portion of your tips or commissions, this constitutes wage theft.
- Unpaid Breaks or Meal Periods: If your employer forces you to work during your lunch or break periods, you may be entitled to compensation for this time.
How an Employment Lawyer Can Help with Wage Theft Cases
If you suspect that you’re a victim of wage theft, an employment lawyer can be your advocate. Here’s how they can help:
- Evaluating Your Case: An experienced employment lawyer will assess the details of your case to determine if you have a valid wage theft claim. They will review your pay stubs, work records, and any relevant evidence to determine whether you are owed wages.
- Filing a Complaint: Your lawyer will help you file a complaint with the appropriate government agency, such as the U.S. Department of Labor (DOL) or your state’s labor board. They will guide you through the process of filing a wage claim and ensure that your case is properly documented.
- Negotiating with Your Employer: Many wage theft cases are resolved through negotiations between employees and employers. Your lawyer can handle the negotiations on your behalf to ensure you receive the full amount of wages you’re owed, including any overtime, tips, or commissions.
- Representing You in Court: If your employer refuses to settle or disputes your claim, your lawyer will represent you in court. They will gather evidence, present your case, and fight for the compensation you’re entitled to, including damages for unpaid wages and emotional distress.
- Recovering Unpaid Wages: The ultimate goal of an employment lawyer is to help you recover the wages you’re owed. This can include back pay, unpaid overtime, and liquidated damages in some cases.
Why Choose Castronovo & McKinney for Your Wage Theft Case?
At Castronovo & McKinney, LLC, we are passionate about helping employees who have been wronged by employers who engage in wage theft. We understand the significant financial strain that unpaid wages can cause, and we are dedicated to fighting for employees who are entitled to fair pay for their work. Whether you’re dealing with unpaid overtime, minimum wage violations, or misclassification issues, we have the experience and resources to help you secure the wages you’re owed.
Our legal team has a proven track record of success in wage theft cases, and we are prepared to fight for your rights. We understand the complexities of wage and hour laws and will guide you through every step of the process, from filing a claim to negotiating a settlement or representing you in court. We are committed to getting you the compensation you deserve and holding employers accountable for violating labor laws.
If you believe you are a victim of wage theft, don’t wait to take action. Contact Castronovo & McKinney today to schedule a consultation with one of our experienced employment lawyers. We’ll review your case, explain your options, and help you pursue the best possible outcome for your wage theft claim.
To schedule a consultation with an employment lawyer, contact Castronovo & McKinney, Employment Law Attorneys today. We are here to help you protect your rights and ensure that you receive fair compensation for your hard work.
Contact Us
Visit our offices in Morristown, NJ or New York, NY, or call us to schedule a consultation with one of our experienced employment lawyers. We are committed to helping you recover unpaid wages and ensure that you are compensated fairly for the work you perform.
New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
