Everyone expects to get paid the amount agreed when a job offer is made. Unfortunately, not all employers are honest, especially when dealing with vulnerable workers like refugees, migrant workers and those delivery drivers who do not have a good command of the English language. Delivery drivers lose millions of dollars every year in wage theft which they often do not realize is taking place. When you get your paycheck and you notice that the pay is lower than you expected, you could be experiencing a form of wage theft. You should not just accept this but you should find the source of the wage theft so you can retrieve the wages owed to you.
What to Look For to Determine Wage Theft
All paychecks will have an itemized list of everything that was taken out of your pay. Here is what to look for:
- When it comes to taxes and insurance your employer can legally deduct these from your wages.
- In some states, but not all, the use of uniform, tools of the trade and equipment can be deducted, as long as your pay does not end up below the minimum wage.
- Lodging and meals can be deducted as long as this has been agreed beforehand.
There may be some deductions that you do not recognize or the amount of the deductions is higher than on earlier paychecks. These could include deliberately misclassifying you as a contractor, not an employee, so you could find you are not even being paid the minimum wage, or the legally binding overtime rates. This can affect your net pay quite substantially but it might be wage theft if your job offer shows you are supposed to be employed as an employee and not an independent contractor. You may find that your employer has deducted more than usual from some of the compulsory deductions. This is not always that easy to identify as it will partly depend on whether you worked the same number of hours each week.
You should check the following on your pay stub to see how you have been a victim of wage theft:
- your net wages after deductions;
- your gross wages before deductions;
- your employer’s precise contact details;
- the total number of hours you have worked;
- the list of deductions easily recognizable;
- check to see if it is your name on the paystub and not another delivery driver;
- check to see if the last four digits of your Social Security Number and/or employee ID number are correct;
- check the dates of the pay period.
What to Do When You Are a Victim of Wage Theft
You should never immediately assume the wage theft is deliberate, so first of all you should speak with HR as there is a chance that it could be an honest mistake. If they respond and say it was a mistake, make sure they agree to make the changes and issue a payment of the wage theft amount.
Filing a Wage Theft Claim
Your attorney will help you file a wage theft claim with the Wages and Hours Division (WHD) of the Department of Labor in your state. You will be asked to complete a wage theft claim form and on this form you must include:
- your full name;
- your present address and contact details;
- the name of your employer;
- the company’s location;
- the contact information for the company;
- the manager’s name and contact details;
- your job description as a delivery driver;
- when and how you were paid.
Speak With an Attorney
An employment law attorney will be an expert in cases like this and will help to ensure you get your wage theft back. Providing copies of your old pay stubs and any personal records you have kept that includes the hours worked may help your attorney win a successful wage theft claim. S/he will be able to help you determine what your employer is allowed to take from your paycheck. If your employer has clearly violated the wages and hours laws by illegally deducting money from your wages, then you can file a wage theft claim with your local Wages and Hours Division of the Department of Labor.
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