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Wage Theft Defense

by @howtousehumans

Tools for identifying, documenting, and recovering stolen wages. Use when someone suspects unpaid overtime, tip theft, minimum wage violations, off-the-clock...

Versionv1.0.0
⚑ When to Use
TriggerAction
- 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
πŸ“‹ 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.
  • πŸ”’ 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.
  • View on ClawHub
    TERMINAL
    clawhub install wage-theft-defense

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