Steps to Take If You Suspect Wage Theft
Wage theft is a serious issue, especially in the construction industry. In California, laws are in place to protect workers, including construction workers, from being underpaid or not paid at all. If you suspect you’re a victim of wage theft, it’s important to act quickly and understand your rights.
What Is Wage Theft?
Wage theft refers to situations where an employer fails to pay workers the full wages they are owed. This can happen in many ways, such as:
- Not paying minimum wage
- Not paying overtime
- Forcing workers to work off the clock
- Not providing meal and rest breaks
- Misclassifying employees as independent contractors
In the construction field, it’s not uncommon for employers to cut corners and deny fair pay. Fortunately, California has strong laws to protect workers in these situations.
Step 1: Know Your Rights
California law requires that all workers, including undocumented workers, be paid at least the state minimum wage. Construction workers are also entitled to daily and weekly overtime pay, rest periods, and meal breaks. If your employer is not following these rules, you may be a victim of wage theft.
Step 2: Keep Records
Write down the hours you worked, the days you worked, what tasks you did, and how much you were paid. Keep any pay stubs, timecards, or communication with your employer about your pay. Even a personal notebook can help when taking legal steps. These records are vital evidence if you want to file a claim later.
Step 3: Talk to Your Employer
Sometimes wage issues are honest mistakes. Before taking legal action, it might help to politely bring up the issue with your employer. Ask for an explanation and let them know what you believe is missing from your paycheck. If they refuse to fix the problem or if you fear retaliation, move to the next step.
Step 4: File a Wage Claim
In California, you can file a wage claim with the Division of Labor Standards Enforcement (DLSE). You can do this online or in person. The DLSE investigates wage theft claims and can order your employer to pay what you are owed. There is a time limit for claims, so don’t wait too long—generally, you have up to three years to file a claim.
Step 5: Speak to an Attorney
If your case is complex, or if you’re being threatened or ignored by your employer, it’s a smart idea to speak with an attorney who knows California labor law. A lawyer can help you understand your rights, guide you through the claim process, or even file a lawsuit on your behalf.
If you’re a construction worker in California and think you’ve been a victim of wage theft, you don’t have to handle it alone. For legal support and personalized help, call Jonny Law at 800-566-4868. He has experience fighting for workers like you and can help you get the wages you’ve earned.
Don’t Wait—Take Action Now
Wage theft hurts workers and their families. The sooner you act, the better your chances of recovering your lost wages. Protect yourself and your coworkers by standing up and speaking out. You work hard—make sure you’re paid fairly.