Question 1

What is wage theft?

Accepted Answer

Wage theft occurs when an employer fails to pay workers what they are legally owed. Common forms include unpaid overtime, minimum wage violations, off-the-clock work, misclassification as an independent contractor, illegal deductions, and tip theft. The FLSA requires employers to pay at least minimum wage for all hours worked and time-and-a-half for overtime (over 40 hours/week).

Question 2

How long do I have to file a wage theft claim?

Accepted Answer

Under the federal FLSA, you have 2 years to file a claim (3 years if the violation was willful). State wage laws may have different deadlines; some states allow up to 6 years. Acting quickly is important because you can only recover unpaid wages going back to the statute of limitations date.

Question 3

What are liquidated damages in a wage claim?

Accepted Answer

Liquidated damages under the FLSA effectively double your recovery. If an employer's wage violation was willful, you can recover an equal amount of liquidated damages on top of your unpaid wages. For example, if you are owed $10,000 in unpaid overtime, liquidated damages bring your total to $20,000.

Question 4

Do I need a lawyer for a wage theft claim?

Accepted Answer

While you can file a complaint with the Department of Labor without a lawyer, having an attorney typically results in higher recoveries. Successful FLSA plaintiffs can recover attorney's fees and costs, so many wage theft lawyers work on contingency or are paid by the employer if you win.

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