Do You Have a Claim for Wage Theft?

 Posted on January 13, 2025 in Wage & Hour Laws

What is an obvious example of wage theft? An employee comes in to work as usual and at the end of the pay period, no money is deposited into their account as payment for time worked. This is thankfully a rare scenario in most workplaces in the United States today.

Yet it is a misconception that wage theft refers only to the scenario where an employer does not pay an employee any of their wages. If an employer does not pay minimum wage, overtime pay, or benefits, that can qualify as wage theft as well. An experienced Silver Springs, MD employment attorney can provide advice to employees about whether their employer is violating wage and hour laws and committing wage theft. 

What Is Wage Theft?

When an employer does not pay an employee according to the law, that is considered wage theft, also known as wage and hour violations. Wage theft occurs whether or not the employer acts intentionally. Federal and Maryland law prohibit employers from committing wage theft. 

Common Types of Wage Theft

Unpaid Overtime

An employee who is legally entitled to overtime and works over 40 hours a week must be paid overtime pay at one and a half times their regular pay rate. Failure to do so is a violation of the Fair Labor Standards Act (FLSA). 

Minimum Wage Violations

Federal and state laws specify the minimum hourly wage that certain employees must be paid. If an employer pays an employee less than the minimum wage to which they are entitled, that is a type of wage theft and a violation of the law, unless that employee is legally exempt from that requirement. 

Illegal Deductions

Sometimes an employer may attempt to deduct certain expenses from an employee’s paycheck or refuse to reimburse an employee for work-related expenses. This may qualify as a wage and hour violation. For example, an employer who does not reimburse an employee for purchasing work uniforms may be violating the law.

Misclassification of Employees

The law classifies workers as either employees or independent contractors. Employees are legally entitled to certain benefits, and benefits are a type of compensation. Misclassifying an employee as an independent contractor, resulting in the worker not receiving certain benefits, is a type of wage theft. 

Working Off the Clock

Hourly employees must be compensated for all the hours that they work. An employer is not legally allowed to require an employee to work "off the clock" without compensation.

Contact a Bethesda, MD Employment Attorney 

If you think you are the victim of wage theft, you do not have to fight to get your wages back alone. The experienced Rockville, MD employment attorney at Freedman Law, LLC is here to support you and fight for you to regain the wages owed to you. Call our offices for a consultation today at 410-290-6232.