If nothing changed after you told HR that you had not been paid for prep time, then keep track of all communications, gather evidence of wage theft and speak with an attorney.
You must insist that you be paid what you are owed. Most workers must get paid for prep time as well as the hours agreed which are worked every day.
This is laid out in the Fair Labor Standards Act and if you do not get paid for this time you may be a victim of wage theft. If you act quickly then this assures you get the best outcome for your wage theft.
As soon as you discover that you are a victim of wage theft because your prep time has not been paid, you need to contact your HR.
Keep Track of All Communications
When you have contacted HR you need to note the date and time that HR was made aware of the wage theft so you can use it as evidence if your HR does not respond to your complaint.
If the HR responds, you should keep any or all responses to your messages. If your HR agrees that a mistake has been and says you will get the wage theft amount paid, check to see when it is likely to be paid.
If you have not had the right response to your query and you need to follow up further, make sure you keep a record of all your communications.
If your HR has not responded at all, or refuses to pay for your wage theft, then you may assume your wage theft is deliberate and you could take the matter up with the Wages and Hours Division (WHD) of your closest Department of Labor by filing a complaint.
You will be asked to provide the information about your employer and yourself when you make a complaint.
Gathering Evidence of Wage Theft
If you believe you have been a victim of wage theft because you have not been paid for prep time, there are two things you can do before filing a complaint with the WHD. The first is to check your employment contract or ask your HR for a copy.
This will allow you to check your agreed work hours and your pay rate. Once you have this document you can compare pay stubs.
If you find your pay stubs are different, but you know the number of hours you worked were the same, you may be a victim of wage theft and you may not have been paid for prep time.
The FLSA states that your employer must pay you for all hours worked, even if the prep time takes place before your real workday starts.
This might make you workday longer than your scheduled shift but you should get paid for all those hours you spend in the work place engaged in an activity directly to do with your job.
You will need proof of wage theft to bring a case against your employer which could include pay stubs and the messages passed between you and your HR. Other information which you may be required to provide includes:
- 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;
- How you were paid and often you were paid;
- Copies of pay stubs;
- Other workmates paystubs who work in the same job as you.
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 and keep it in one place due to not being paid for prep time.
One of the hardest parts of filing a complaint with the WHD is ensuring that the evidence you provide backs up your wage theft and this is what an experienced employment law attorney does well.
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.
