shadow victim of wage theft where employer refused to pay unpaid wages
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What are Unpaid Wages? Handling Wage Theft

Most employees receive their correct wages on time as expected, whether they are paid weekly, biweekly or monthly. Unfortunately, many workers do not have this luxury. They often find that their paychecks come up short. Some do not even receive their paycheck on time. It may come days or even weeks late.

When an employer does not pay an employee for time worked, this is called wage theft. Wage theft is a problem that primarily occurs in the service industry, although nobody is immune.

If you notice that your paycheck does not account for all the hours you worked, you may be a victim of wage theft. If you were not paid at least minimum wage or your employer did not pay you time and a half for overtime, this is also considered wage theft. How do you address this situation? Read on to see FAQs about wage theft.

What should I do if my paycheck was short several hours?

Sometimes processing errors happen, so if you know you worked a certain amount of hours but were not paid for all of them, your first step should be to talk to your employer and ask for an explanation. If it was an error, your employer should issue you a check for the correct amount.

If your employer argues with you, even though you are adamant that you did, in fact, work a certain number of hours, then contact the Department of Labor or file a claim in small claims court so you can recoup the compensation you are owed.

How do I address a bounced check from my employer?

If your payroll check bounces, be sure to keep all documentation, including the pay stub and documents showing that the check was returned for insufficient funds. Again, you should ask your employer for an explanation, as it could be an accounting error or bank mistake. Employers are required to have sufficient funds to process payroll checks. If they do not, they could face criminal penalties.

What do I do about my employer not paying me the commissions I have earned?

Commissions are not covered under the Fair Labor Standards Act. Commissions are determined under a contract between the employer and employee. However, you can still receive the commissions you were promised. First, make sure you have a contract in place. If you do, send a letter to your employer stating that you did not receive your commission as promised. If the matter is not resolved, you can fight for your rights in small claims court. If the amount is significant, contact a lawyer.

Contact a New York Wage Violation Lawyer

Everyone deserves to receive pay for the time they worked, regardless of the industry they work in or their citizenship status. If you have not been paid the wages you were promised, your first step should be to file a complaint with the U.S. Department of Labor’s Wage and Hour Division. If your pay issue still remains unresolved, seek legal help.

The experienced New York wage violation lawyers at Ricotta & Marks, P.C. will help you obtain the money you deserve. We only get paid if you win your case. To schedule a consultation, call our office today at (347) 464-8694.

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