Tools for identifying, documenting, and recovering stolen wages. Use when someone suspects unpaid overtime, tip theft, minimum wage violations, off-the-clock...
- Employer is making illegal deductions from paychecks
- Tips are being skimmed, pooled illegally, or kept by management
- Working "off the clock" before or after shift (setting up, cleaning, meetings)
- Classified as independent contractor but treated as an employee
- Overtime hours aren't being paid at 1.5x rate
- Paid below minimum wage
- Final paycheck after quitting or being fired wasn't received or was short
- Wants to know if what their employer is doing is legal
π Tips & Best Practices
Many employers settle quickly after receiving a formal demand letter because fighting a wage theft claim costs more in legal fees than paying what they owe.
Your state's attorney general may have a wage theft complaint option separate from the labor board. Some AG offices are more aggressive enforcers.
If your employer pays you in cash and you have no pay stubs, your time log and witness testimony become your primary evidence. Keep that log meticulous.
Take photos of the time clock and your punches. Some employers edit time records after the fact.
If you work through a staffing agency, both the agency AND the client company may be liable for wage theft. File against both.
Meal and rest break violations are a form of wage theft in states that mandate paid breaks (check your state law β California is especially strict on this).
Tip theft by managers was made explicitly illegal under federal law in 2018 (Consolidated Appropriations Act). This is settled law, not a gray area.
π Constraints
Document everything. Your memory is not evidence. Your time log, screenshots, and pay stubs are evidence.
Send the demand letter via certified mail. "I told my boss verbally" is worth nothing in a legal proceeding.
Never sign anything from your employer related to pay disputes without understanding it fully. If they present a "settlement" or "release," have a legal aid attorney review it first.
Don't quit in anger before filing your complaint. It's easier to prove ongoing violations while you're still employed. If you're fired, that strengthens your retaliation claim.
The statute of limitations is real. Federal: 2 years (3 if willful). State: varies but don't wait. File sooner rather than later.
Talk to coworkers about pay. It's your legal right under the National Labor Relations Act, regardless of any "policy" your employer has against it.