Employers violate wage laws in various ways. Employers steal workers’ labor by failing to pay for all hours worked, not paying minimum wage or overtime, making illegal deductions from pay, and misclassifying employees as independent contractors, among other things.
CLS assists workers who are victims of wage theft by advocating on behalf of workers with their employers, intervening with the appropriate state or federal agencies, and bringing lawsuits when necessary to recover lost wages. You can find more information on what to do if you experience wage theft below, including how to file a complaint with the government agencies that enforce these laws. Watch the video below to hear more about how CLS may be able to assist you if you have experienced wage theft.
You have the right to be paid for all hours worked.
- Your employer must pay you regularly, and may not pay you late or less than promised.
- Your employer must pay you for every hour that you work or are required to be at work.
- Your employer can pay you in cash but should give you a paystub every time you are paid that lists your hours worked, rate of pay, total pay, and any deductions from your pay (such as for taxes).
- Your employer cannot deduct money from your paycheck for broken equipment or materials.
- Your employer must pay you for your last weeks of work, even if you quit or were fired.
You have the right to be paid at least $7.25 per hour.
- The minimum wage in Pennsylvania is $7.25 per hour.
- Tipped Employees: There are exceptions to the minimum wage for workers who earn tips. If you receive tips, you must be paid at least $2.38 per hour (before tips) and your employer must guarantee a total wage of $7.25 per hour, including your tips.
- It is illegal for your employer to take any of your tips.
You may be owed overtime pay if you work more than 40 hours per week.
- If you work more than 40 hours in a week, your employer must pay you at least 1.5 times your regular rate of pay for all hours worked over 40.
- Farmworkers and live-in domestic workers are excluded from this overtime requirement.
- Most people who work for a company are employees. Do not let your boss call you an independent contractor to avoid paying overtime!
Keep records to protect yourself against wage theft.
- To protect yourself against wage theft, you should keep written records, especially if you work “under the table.” Be sure to include:
- All of the hours and dates that you worked.
- Your employer’s name, telephone number, email, and address.
- If you work in construction, write down the addresses of your work locations (or take photos) and dates of work at each location.
- Save ALL of your paystubs or make copies.
- If you are paid in cash, keep a record of the date and amount of each payment.
- While it is certainly helpful to keep written records, they are not required to bring a legal claim. Employers are required by law to maintain records of your hours worked and pay. If your employer did not keep records, your estimate can be enough to prove wage theft.
How to take action if you experience wage theft:
- If your employer pays you incorrectly or fails to pay you, it is a strong signal that the employer is not going to pay you properly in the future. If this happens you can:
- Keep written records and talk to your co-workers about taking action together.
- Talk to your employer, with co-workers if possible, to figure out why you were paid incorrectly or not paid.
- Consider stopping work with this employer until the problem is addressed.
- If your employer fails to pay your wages, you can take legal action. You can file a wage theft complaint with a government agency or reach out to a community organization or lawyer to help you file a complaint to recover your wages.
- Act quickly. Under PA and Philadelphia law, you have 3 years from the date the violation occurred to bring a legal claim for unpaid wages. Under federal law, you have 2 years, but this deadline may be extended to 3 years in cases where the violation was “willful.”
There are government agencies that help workers who experience wage theft.
- The Philadelphia Department of Labor, Office of Worker Protections: Call (215) 686-0802 or visit www.phila.gov/documents/wage-theft-complaint/
- The Pennsylvania Department of Labor and Industry, Bureau of Labor Law Compliance, Philadelphia Regional Office: Call (215) 560-1858 or visit their website here.
- The U.S. Department of Labor, Wage and Hour Division: Call 1-866-487-9243 or visit www.dol.gov/agencies/whd/contact/complaints
- These agencies do not ask about immigration status. See our “Self-Help Resources” below to find instructions and complaint forms for filing wage claims with a government agency. Use our guide below to determine where to file your claim.
Retaliation is illegal!
- Your employer may not retaliate against you for making complaints about wage theft or filing a wage theft complaint. Examples of retaliation for asserting your rights include: giving you unjustified performance reviews, unwarranted disciplinary action, unfavorable changes to your hours or job duties, reducing your pay, or terminating your employment.
- Serious threats from an employer can be a crime.
- Protect yourself from retaliation by joining with co-workers to raise complaints together about working conditions such as pay.
- If you believe your employer unlawfully retaliated against you for asserting your rights, you may file a retaliation complaint. Contact an attorney to discuss your rights.
- Undocumented workers may face greater risks of retaliation, including threats related to immigration status. In such cases, the worker may be eligible for a special immigration visa (a U or T Visa) and should seek the advice of an attorney. See our “Immigrant Rights” page for more information.
