Is wage theft difficult to prove?

On Behalf of | Feb 24, 2021 | Wage Theft

Wage theft could prove financially disastrous for its victims. Employees denied their salary and other legally owed funds might have a strong case for wage theft. New York is home to thousands of businesses, and unfortunately, some employers make wage theft a routine practice to increase their bottom line. Employees could take action against such employers, but they need to present proof.

Wage theft reduces earning potential

Wage theft could take many forms. A failure to pay overtime or, worse, expecting someone to work beyond 40 hours for no additional compensation may lead to a wage theft complaint. Proving the claim might involve presenting payroll records. For example, pay statements reflecting 50 hours of work with no overtime pay could serve as proof. Unfortunately, many instances of wage theft come with inaccurate or incomplete records.

For example, a paycheck might only reflect 40 hours worked and a “bonus” payment that doesn’t show the overtime rate. Another practice may involve paying someone in cash for hours worked over the 40-hour threshold. Employees may agree to such dubious practices because their primary concern centers on earning a living. Some employees might not even realize they are victims of wage theft. They might lack knowledge about federal or state law and allow the practice to continue.

Employees who feel that their employer owes them money may want to contact an attorney to handle a wage theft suit. The attorney may be able to collect the necessary evidence to bring the case forward.

Procuring evidence related to wage theft

Witness testimony could help with a wage theft lawsuit. An attorney might call other employees forward to provide testimony about work hours and pay issues. An employer may also face questioning. Compelling testimony could prove helpful when seeking compensation.

Workers might be able to provide phone data that shows their location and reveal time spent at work. Workers may benefit from keeping personal logs of their work hours and related information as well.

Procuring credible proof in wage law cases might be challenging. An attorney may be able to assist workers with presenting the evidence necessary for a lawsuit.