There is almost nothing more frustrating as an employee than not getting paid wages you know you are legitimately owed. Unpaid wages can cause you significant financial hardship and reduce your morale and loyalty to an employer.
Signs of wage theft
Wage theft can be obvious but sometimes it is more subtle. If you are unsure if you are a victim of wage theft, ask yourself if:
- You are working at times without getting paid, such as unpaid break times
- You are not getting overtime pay for every hour over 40 worked in a week
- You are still working before clocking in or out
Additionally, consider if you are being paid less than the minimum age, which is $7.25 in Wisconsin, for any work you do. Think about if you are required to clock out and not get paid for times you believe you should be, such as travel time to and from a job site.
For workers in the retail or service industry, being forced to pool or share tips could also be a form of wage theft.
Unpaid wage claims also cover more than just regular wages. You can file a claim if you are not paid an owed bonus, commission, vacation time or if illegal deductions were taken from your paycheck.
Overall, you could be a victim of wage theft without even knowing it. Wage theft is not always as blatant as an employer simply refusing to give you a paycheck. Any time you believe you are not getting paid what you should be, you could potentially be experiencing wage theft.
Filing a wage theft complaint
If you believe you are owed wages by an employer can file a complaint with the Wisconsin Department of Workforce Development. However, there are some steps you must take before filing the complaint.
You must request the wages from your employer and wait six days for them to pay you the owed wages. Once the six days have passed, you can file your claim.
It is important to file your claim in a timely manner. An unpaid wage claim must be filed within two years of the date you were supposed to receive the wages.
Once you file your claim, the Department might contact your employer to try to resolve the matter. If it is not resolved, they may bring the case to court or refer it to a local district attorney.
You also have the option of filing a claim yourself. If you are successful, you could receive court costs and attorney fees in addition to your owed wages.
Getting paid what you are rightfully owed
Some employers who engage in wage theft are stealing money from hardworking employees and should be held accountable for their illegal actions. Other employers who do not know the law or who do not have proper accounting systems in place might be accidentally committing wage theft.
Either way, you are owed wages if you are a victim of wage theft in Wisconsin.
