Wage theft is where an employer does not pay its employees for all hours worked. It is illegal in California and there are remedies for employees who are victims of this practice.
Wage theft can come in many forms, whether your employer requires you to show up to work early and set up before clocking in or requires you to clock out at the end of a shift and continue working. This sometimes happens in service sector jobs like car washes, restaurants, recycle centers and construction sites, to name a few.
It can also take on the appearance of being told to clock in and out for lunch but due to the heavy workload and lack of relief, it is impossible for you to take a lunch. Industries where hourly employees may experience this include healthcare, service sector jobs, security guards and restaurant workers.
Wage theft can also occur when an employer implements a rounding system that benefits the employer over the employee over time. For example, when an employer has rounding system in place that rounds to the nearest quarter depending on the time that an employee clocks in, combined with having a tardy policy in place that penalizes an employee who clocks in a few minutes after the start time for a shift, it can result in the rounding policy being “unneutral” and favoring the employer. Over a period of weeks to years, this can result in an employee losing several hours of compensation, to the employer’s benefit.
Wage theft occurs when an employer refuses to pay overtime to non-exempt, hourly employees, as required by law.
If you have experienced any of these issues in the workplace, please call Salusky Law Group for a free consultation at (562) 855-0004 to discuss your options.