If you ask the average worker if they’re experiencing wage theft on the job, they will probably say they’re not. They believe they’re being paid fairly. Similarly, if you ask the average American about the most common types of theft in the United States, they will probably point to things like robberies or car theft.

However, both of these perspectives are technically wrong. Reports show that wage theft is the most common type of theft in the United States.  For example, the willful failure to pay employees all their wages is a crime under the California Penal Code 487m. Even so, the State of California issued $32.7 million worth of wage theft judgments against more than 1,800 employers in the year 2017. These statistics make it clear that wage theft is incredibly prevalent and may even be happening without an employee’s knowledge.  

How does wage theft occur?

Part of the issue is that wage theft can take many different forms. It’s not the same in every case. Some examples include:

• Cutting pay for hours someone has already worked
• Reducing pay below minimum wage
• An employer or business owner taking tips or including themselves in a tip pool
• Failure to pay out bonuses and commissions
• Paying overtime hours at the straight rate rather than 1.5 times that rate for all overtime hours

Because wage theft is so common, California employees need to be aware that it can happen to them. They also need to know exactly what legal steps they can take to protect their rights and recover their proper wages in California. It may help to work with an experienced law firm at this time.