If nothing changed after you told HR that you had not been paid the prevailing wage then keep track of all communications, gather evidence of wage theft and speak with an attorney.
Most workers in the same occupations should be paid at least the prevailing wage which is calculated to be no less than the average pay for a specified occupation.
If you think you are not getting the same wage as other employees in your workplace you should contact your HR and request that you should be paid the same wage for performing the same duties.
This is called the prevailing wage and is your legal entitlement. If you are not paid this amount you could be a victim of wage theft and you need to contact your HR and alert it to your wage theft.
Keep Track of All Communications
As soon as you have contacted your HR about not being paid the prevailing wage, you should keep a record of the date and time when you first did this.
You should also keep any responses from the HR and any follow ups too. If you get no response from your HR or it refuses to pay you the prevailing wage, then this could be a case of wage theft.
You may be able to file a wage theft claim with the Wages and Hours Division (WHD) in your state which you will find at your Department of Labor office. An agent from the WHD will be allocated your case and decide if your employer has violated prevailing wage laws.
Gathering Evidence of Wage theft
If you know you have not been paid the prevailing wage and you wish to submit a complaint to the WHD, you will need to gather as much evidence as you can to prove it.
The first thing you need to do is check the prevailing wage for your skill and make sure that you are not getting paid the correct amount.
You should also study your employment contract to see if it says anything about being paid the prevailing wage. When you file your complaint, you will need to provide the following details:
- your name;
- your address and contact details;
- the name of the company where you work(ed);
- location of the company if it is different from your workplace;
- the company’s phone number;
- manager or owners name;
- the type of work you do;
- a short description explaining your prevailing wage.
Get a Free Case Evaluation
An attorney will add legitimacy to your case and gather up all the evidence you need for your wage theft claim for not being paid the prevailing wage.
One of the most difficult parts of filing a complaint with the WHD is ensuring that the evidence you provide backs up your wage theft.
This is when you can use an experienced employment law attorney who knows exactly what a prevailing wage is.
He or she will also make sure the wage theft claim is filed within the statute of limitations in your state. In most states, the deadline is 3 years from the date the wage theft took place.
