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Dear David

Dear David

It’s Called Theft

May 16, 2013

My employer may have shorted my pay over the past three years by more than $9,400—yet I am told the only way I can recover the money is through a civil lawsuit. I live in Ohio, but the company is in Georgia, so I have to file the lawsuit in Georgia. Any suggestions or alternatives you can offer?

— Coming up short, Ohio

A.

When somebody gets their wallet stolen on the street, or jewelry and electronics stolen from their home, everyone gets that it’s a crime. But what if someone steals from your paycheck? It’s called “wage theft,” and it’s a growing problem for many workers.

A civil lawsuit is an option to recover unpaid wages—but it’s not the only option. Federal wage and hour laws apply to nearly all employers in the United States. Additionally, states may put in place and enforce higher wage and hour standards and stronger protections for workers in their state. Therefore, victims of wage theft—or any other wage and hour violation—should explore both state and federal remedies that might be available.

The Department of Labor has a Wage and Hour Division, which accepts and investigates complaints about wage theft. Wage and hour enforcement was a priority of the previous secretary of labor, Hilda Solis, and organizations that work against wage theft are encouraged by Thomas Perez, the nominee for the next secretary of labor. Additionally, several states have administrative agencies that investigate and prosecute wage and hour violations—California even has officers who investigate wage and hour violations for possible criminal prosecution.

The first step in protecting yourself from wage theft is to keep REALLY good records of your pay, hours worked and other information. Here are some examples of the kind of information to track

In many cases a legal approach or lawsuit can address specific wage theft violations. But there’s another important element here—strength in numbers. Workers who are organized in unions have the protection of the law AND a collective bargaining agreement that makes sure they’re paid fairly and that there’s a remedy available when they’re not.

This is an issue that affects a lot of people, and organizations like Interfaith Worker Justice are active in raising awareness and helping people affected by wage theft.

Going to court is an option in an individual case, but we can’t just rely on lawsuits to fix the larger problem of wage theft. In our workplaces and in our communities, we need to come together to make sure companies are doing the right thing and paying their workers what they’re owed. Theft is theft, and we need tougher laws to deal with it.