Wage theft occurs if your employer fails to pay you wages owed or underpays you. As an employee, you have a right to timely, accurate payment of your wages. Failure for your employer to do this is a violation of state and federal law. In fact, in New York, it is a misdemeanor for an employer to fail in providing the agreed upon benefits and wage supplements to an employee.
If you have been underpaid or failed to receive wages owed from your employer, the trusted employment law attorneys at Tand & Associates P.C. are here to set things straight for you. Our thorough understanding of wage and hour law allows us to resolve these kinds of disputes between you and your employer.
What Do I Do If I Never Received a Paycheck for the Last Pay Period?
The Fair Labor Standards Act requires employers to pay an employee on the next regular pay day for the previous pay period. Many employees rely on receiving their compensation on the scheduled pay day. A delay or non-receipt of a paycheck can have serious consequences like the inability to pay rent or other bills.
If you never received a paycheck for the last pay period, it is always a good idea to first check with your employer to see what is going on. The best case scenario is that the missed payment was simply the result of a clerical mistake and can be remedied immediately. For one reason or another, however, your employer may be intentionally withholding your paycheck and refusing to pay you.
This is the time to start protecting yourself and gather records. This includes getting a record of the hours you worked during the pay period in question. Also, keep track of any additional expenses that resulted from the delay in receiving your paycheck. This would include things like credit card penalties if you were unable to make a required payment.
Submit a written demand for payment to your employer. If this does not get you anywhere, file a claim with the New York Department of Labor. This will start a Labor Standards investigation. The U.S. Department of Labor can also be contacted to initiate an investigation because failing to pay wages owed is in violation with the Fair Labor Standards Act, a federal law.
An employer may be claiming that they made deductions from your paycheck and that is why you were not paid or underpaid. Know that the only legal deductions an employer can make from your paycheck include:
- Social Security Contributions, income taxes, and others required by law;
- Those that you authorize in writing and benefit you; and
- Insurance premiums, pension benefits, union dues, and other like payments.
Additionally, an employer can’t take the cost of damaged materials from your paycheck or charge you for being late to work.
We Ensure that You Are Paid the Wages You Have Earned.
You work hard. Understandably, you expect the agreed upon compensation for your labor. If your employer has not held up their end of the deal. Contact the knowledgeable employment law attorneys at Tand & Associates P.C. We are highly skilled at resolving wage and hour disputes between an employee and their employer. Don’t try to face the complications of employment law without a skilled attorney by your side. Tand & Associates is here for you.