Employment Law · Haute Lawyer Network
What Is Wage Theft and What Can I Do About It?
Last reviewed: June 2026
Wage theft occurs when an employer fails to pay employees what they are legally owed. Common forms include unpaid overtime — the FLSA requires 1.5 times the regular rate for hours over 40 in a workweek — minimum wage violations, misclassification as independent contractors when workers are actually employees, illegal deductions, and meal and rest break violations. Federal law provides for back wages, an equal amount in liquidated damages, and attorney fees. State laws often provide additional remedies including treble damages and criminal penalties. Employees can file complaints with the Department of Labor's Wage and Hour Division or bring a private lawsuit. Class actions are common when the violation affects many employees.
Frequently Asked Questions
What is the statute of limitations for wage theft claims?
Under federal law, 2 years for non-willful violations and 3 years for willful violations. Many states have longer periods.
Can my employer retaliate against me for reporting wage theft?
No. FLSA and state wage laws prohibit retaliation. Retaliation is separately illegal and results in additional damages.
Am I owed overtime if I am paid a salary?
Not necessarily — salary alone does not determine overtime eligibility. The employee must also fail to meet one of the FLSA's exemption tests based on duties and salary level.
What if I am an independent contractor?
True independent contractors are not covered by FLSA. But many workers are misclassified. If you work exclusively for one company with little independence, you may be an employee.
Can I join with other employees to bring a wage theft claim?
Yes. Collective actions under FLSA allow similarly situated employees to join together in a single lawsuit.
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