What Is Wage Theft, and How Do I Know if It’s Happening to Me?

No one should have to worry about whether they’re being paid fairly. When you work hard, you deserve to be paid every dollar you’ve earned. Unfortunately, wage theft occurs more often than people realize. It affects workers across industries, from restaurants and retail to construction and healthcare.

At Pond Lehocky, we believe in standing up for working people. If you suspect your employer is stealing your wages, we’re here to help. You have legal rights, and you may be entitled to recover the money you’re owed.

What Is Wage Theft?

Wage theft happens when your employer fails to pay you the full wages you’ve earned. This can take many forms, with some obvious and others harder to spot. Whether it’s unpaid overtime, missing breaks, or being paid less than minimum wage, wage theft is illegal.

An employer committing wage theft is a serious issue. Employers who violate state or federal labor laws can face penalties and be required to pay workers back.

Common Examples of Wage Theft

Wage theft can happen in different ways, including:

Back Overtime Pay

If you work more than 40 hours a week, federal law generally requires that you receive time-and-a-half for any extra hours. This is known as overtime pay. Employers may try to get around this by:

• Misclassifying you as “exempt.”
• Asking you to work “off the clock.”
• Not counting all hours worked

Paying Below Minimum Wage

The federal minimum wage is currently $7.25 per hour (as of this writing). If your employer is paying you less than that, it’s a clear case of wage theft.

Withholding Tips

For tipped employees, employers must follow special rules. They cannot:

• Keep your tips
• Force you to share tips with managers
• Pay you less than the tipped minimum wage without making up the difference

Illegal Deductions

Employers can’t take unauthorized deductions from your paycheck. This includes things like uniforms, equipment, or “mistakes”.

Forcing Off-the-Clock Work

If your employer asks you to clock out and continue working, or prep before clocking in, that time still counts, and you should be paid for it.

Red Flags that Your Employer May Be Stealing Your Wages

What’s happening to you counts as wage theft? Watch for these warning signs:

• You’re missing hours on your paycheck.
• You’re not being paid overtime, even though you’re working over 40 hours.
• You’re paid in cash without records.
• You’ve been asked to work through legally required breaks.
• Tips aren’t being reported or are being taken.
• You’re being told you’re an independent contractor, but you’re treated like an employee.

If any of these sound familiar, it’s time to speak to a lawyer. Wage theft is often hidden, and employers may count on you not knowing your rights. But we’re here to help you understand and fight for your unpaid wages.

Why Does Wage Theft Happen?

Sadly, many employers try to cut corners to save money. Sometimes they don’t understand the law. Other times, they knowingly break it.

Industries where wage theft is most common include:

• Restaurants and hospitality
• Construction
• Retail
• Health care and home care
• Agriculture
• Transportation and delivery services
• Warehousing and logistics

Low-wage and hourly workers are especially vulnerable, but wage theft can happen to anyone. If you’re unsure whether what’s happening is legal, trust your instincts and reach out for help.

What Are My Rights as a Worker in Pennsylvania When It Comes to Unpaid Wages?

Under the Pennsylvania Wage Payment and Collection Law (WPCL) and the Fair Labor Standards Act (FLSA), you have clear rights. These include:

• The right to be paid at least the federal minimum wage
• The right to overtime pay for hours worked over 40 per week (in most cases)
• The right to receive your final paycheck after leaving a job
• The right to accurate wage statements
• The right to file a complaint without fear of retaliation

If your employer violates any of these rights, you may be entitled to pay back, penalties, and attorney’s fees.

How to Prove Wage Theft

If you think you’re a victim of wage theft, start keeping records immediately. Here’s what can help build your case:

• Copies of pay stubs
• Records of hours worked (even if you wrote them down yourself)
• Text messages, emails, or memos from your employer
• Notes about when and how you worked off the clock
• Witnesses who saw or experienced the same issue

You don’t need everything to be in perfect order. Our legal team can help investigate and gather the proof you need, but the more information you have, the stronger your case.

What Should I Do if I Think I’m a Victim of Wage Theft?

Here’s what to do if you think your employer is stealing your wages:

Don’t Quit Right Away

It’s natural to want to leave, but quitting could hurt your chances of recovering what you’re owed. Talk to a lawyer first.

Document Everything

Start keeping a written record of your hours, pay, and any conversations about your wages.

Talk to a Wage Theft Lawyer

The sooner you speak with a legal professional, the sooner you can protect your rights. At Pond Lehocky, we’ll review your case for free and explain your options.

How Pond Lehocky Can Help with Stolen Wages

At Pond Lehocky, our wage theft lawyers understand how employers try to cut corners, and we know how to hold them accountable.

When you work with us, we will:

• Review your situation and help determine if you have a claim
• Gather evidence to prove your employer’s misconduct
• File legal complaints and negotiate on your behalf
• Represent you in court if necessary
• Make sure you get every dollar you’ve earned

We offer free consultations, and we don’t get paid unless we recover money for you. Our firm has helped thousands of workers across Pennsylvania, and we’re ready to help you, too.

Serving Workers Across the Country with Wage Recovery

You deserve justice, and our legal team understands the unique challenges workers face across the state:

• We’re known for our strong emotional connection and dedication to protecting everyday people.
• Our firm has a strong record of taking on big employers.
• We treat every client like family, with personal, responsive service and a focus on getting real results.

No matter where you are, we’re committed to standing with workers, not corporations, and helping them fight back against wage theft.

Talk to a Wage Theft Lawyer Today

If you suspect wage theft violations, don’t stay silent. You worked hard for your pay, and you deserve to keep it.

Pond Lehocky is here to help. Contact us today for a free, confidential consultation. We’ll listen to your story, explain your rights, and fight to get you the wages you’re owed.

Call now or fill out our online form to speak with a wage theft lawyer who truly cares.