What is Wage Theft?
Federal and state laws entitle employees to certain wage benefits, such as a minimum wage and overtime pay. When your employer does not pay you the wages, tips, and/or overtime premiums that you have earned, that is wage theft, and your employer should be held accountable.
Wage theft can occur in a variety of circumstances, including but not limited to:
- Failure to pay at least minimum wage per hour of work;
- Unauthorized paycheck deductions;
- Failure to pay overtime premiums for overtime work;
- Failure to pay for required travel or training time;
- Working off-the-clock;
- Forced tip sharing;
- Misclassifying employees as “independent contractors”; or
- Failure to promptly provide a full and final paycheck upon separation.
Numerous state and federal laws protect employees from various forms of wage theft, including the Minnesota Payment of Wages Act, the Minnesota Wage Theft Prevention Act, the Minnesota Fair Labor Standards Act (“MN-FLSA”), the federal Fair Labor Standards Act (“FLSA”). In some cases, you may be entitled to recover double the amount that their employer has stolen.
More often than not, if your employer has wrongfully denied your compensation, they have done the same to your coworkers. In many situations, you can file a “class action” or “collective action” suit on behalf of yourself and other similarly situated current or former employees. Class and collective actions enhance worker power to hold your employer accountable.
How We Help
Miller O’Brien Jensen can help you understand if you have a wage and hour case under federal or state law and help you recover lost earnings. If you believe your employer is not paying you what you deserve under the law, please contact us to schedule a free consultation with one of our attorneys.