Treated unfairly at work
You did the work, and you were not paid for all of it
You clock out, and then you finish closing the store. You're paid a salary, and somehow that means sixty-hour weeks with no overtime. Your tips go into a pool the manager dips into. Your final paycheck never arrived.
Wage problems are often small on any one paycheck and large over time, and they tend to affect everyone in the same job.
The common ways wages go missing
Federal law and the laws of each state set rules for how workers must be paid. Where both apply, the rule that gives the worker more usually controls. Problems we often hear about include:
- Off-the-clock work: work before a shift, after clocking out, or during an unpaid break that wasn't really a break.
- Missing overtime: under federal law, most hourly workers must be paid one and a half times their regular rate for hours over forty in a workweek, and some states go further.
- Wrong classification as exempt: being paid a salary doesn't by itself mean you aren't owed overtime. It depends on your actual duties and your pay.
- Tips taken or shared improperly with managers.
- Pay below the minimum wage where you work, or a final paycheck that never came.
Called a contractor, treated like an employee
Some employers label workers as independent contractors, which means no overtime, no employer taxes and often no workers' compensation. The label doesn't decide it; the real relationship does: who controls how and when you work, whether you run your own business, and whether your work is part of the company's regular business. If you worked like an employee, you may have an employee's rights.
Your own records count
Employers must keep time and pay records, but those records are sometimes wrong or missing, so your own notes, kept at the time, can matter a great deal. A note on your phone at the end of each day, with start time, end time and breaks, is enough.
If your coworkers are in the same position
Because pay practices usually apply to everyone in the same role, wage claims are sometimes brought on behalf of a whole group of workers together. Some employment contracts require claims to go to arbitration, a private hearing in place of a court, and some forbid group claims; those terms aren't always enforceable. Federal law also generally makes it unlawful for an employer to punish you for complaining about your pay.
What helps to have ready
- Pay stubs, and any direct deposit records that show what you were paid.
- Your own record of the hours you worked, however informal.
- Your job title, duties, and how you were paid (hourly, salary, tips, piece rate, day rate).
- Any offer letter, contractor agreement or arbitration agreement you signed.
- Schedules, texts or messages that show when you were working.
- Names of coworkers in the same role.
- Work timeline and records organizer
A printable page to put your job history, the events that matter and your documents in order.
- Preparing to talk about a problem at work
How to build a simple work timeline, what to keep, and what not to take from your employer.
- What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.
Where we fit in
A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.
Questions people ask
I still work there. Can I ask about this without being fired?
Yes, you can ask us, and federal and state laws generally forbid punishing an employee for complaining about pay. If you're worried, say so in your inquiry, and tell us the safest way to reach you.
How far back can a wage claim go?
It depends on the law being used and the state, and every paycheck that passes can move part of a claim out of reach. That is a good reason to ask soon.
Could I file with a government agency instead?
Often, yes. The U.S. Department of Labor and many state labor departments take wage complaints. A lawyer can help you weigh that against a private claim, and sometimes both are possible.
This may also apply
- Construction site injuries
If you work in construction and were also hurt on the job.
- Credit, debt collectors and scams
If a paycheck problem has led to debt collectors or credit report trouble.
More about treated unfairly at work
This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.