Wage theft
Wage theft is the denial of wages or employee benefits rightfully owed to an employee. It can be conducted by employers in various ways, among them illegal deductions in pay, not paying overtime, not allowing workers to take meal and rest breaks, or simply not paying an employee at all.
Definition
Wage theft is a term used to refer to infractions of employment laws that result in workers not receiving their legally or contractually promised wages. This can include not paying workers the national minimum wage, not paying for all the hours worked, or not paying overtime premiums.
Forms of Wage Theft
There are several forms of wage theft:
- Minimum wage violations: This occurs when a worker is paid less than the legally mandated minimum wage.
- Overtime violations: This happens when employees who work over 40 hours in a week, or over 8 hours in a day, are not paid 1.5 times their regular rate of pay for the extra hours.
- Meal break violations: This occurs when workers are not provided their legally mandated meal and rest breaks.
- Pay stub and illegal deductions violations: This happens when employers make illegal deductions from workers' pay, or when workers are not given a final paycheck after leaving a job.
- Tipped minimum wage violations: This occurs when tipped workers are paid less than the tipped minimum wage, or when their tips are stolen by their employers.
Impact
The impact of wage theft is significant, affecting millions of workers worldwide. It contributes to income inequality, poverty, and economic insecurity. It also undermines fair competition among businesses, as companies that steal wages have a dishonest competitive advantage over businesses that comply with the law.
Legal Remedies
In many countries, workers have legal remedies if they are victims of wage theft. They can file a complaint with the labor department, or they can file a lawsuit in court. Some jurisdictions also provide for criminal penalties for willful violations of wage laws.
Prevention
Prevention of wage theft includes strengthening labor laws, increasing penalties for violators, improving enforcement of existing laws, and educating workers about their rights.
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Contributors: Prab R. Tumpati, MD