The document discusses various wage theft violations committed by employers. Data from the Department of Labor shows that over $130 million is collected annually in unpaid overtime claims and over $35 million in minimum wage violations. Low-wage industries experience the highest frequency of wage theft violations. Some common tricks employers use to steal wages include not paying employees for travel time, waiting time, or misclassifying employees as exempt from overtime pay. Wage theft accounts for over $1 trillion in losses annually in the US, which is more than double the amount lost to robbery. The document encourages readers to learn more about their rights and consider consulting an employment lawyer if they believe their employer has committed wage violations.

1. WORKPLACE VIOLATIONS
12 Tricks Employers Use To Cheat Workers

2. What the Data Says About
Workplace Violations?

3. Wage Theft
Over $130,000,000 collected annually in unpaid overtime
claims from employers who failed to pay.
Over $35,000,000 collected for minimum wage violations.

4. Fiscal Year Minimum Wage Overtime
2015
$37,828,554 $137,701,703
2014
$36,732,407 $136,239,001
2013 $38,470,100 $130,703,222
2012 $35,270,524
$148,560,700
2011
$29,327,527 $140,328,012
Back Wages Collected
Source: Fair Labor Standards Act Enforcement Statistics

5. Wage Theft
The vast majority of recovery occurs in low-wage industries.
The restaurant industry experiencing the second highest
frequency in back wage collections.
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6. Source: Department of Labor
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
Backwages
Low-Wage Industries
Back Wages Statistics
(Low-Wage Industries), 2015

7. Wage Theft
Child care professionals report the highest rate of employer
denied overtime pay rates
Richard Celler Legal, P.A.

8. Source: Bernhardt, A. et al. (2009)
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
%ReportingDenialofOvertimePay
Jobs Most Commonly Denied Overtime Pay By Employer

9. Wage Theft
Total wage theft accounts for more than double the financial
loss in the U.S. than reported losses from robbery.

10. Source: Economic Policy Institute
0
200
400
600
800
1000
1200
Robbery Wage Theft
$(Millions)
Crime
Annual Reported Loss in USA: Robbery vs. Wage Theft

11. What Tricks Do Employers
Use to Steal From Their
Employees?

12. Trick #1
Not Paying For Travel Time
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13. Generally, if you drive straight home
from the work site or office, that is not
“work time.” BUT…

14. If you have to travel back to the office or
shop to drop off a vehicle, turn in
paperwork, unload your supplies, etc.,
that time is compensable.

15. Trick #2
Not Paying For Waiting or
On-Call Time

16. If you are not free to come and go as
you please, and use this time for your
own benefit (such as, you have to return
a page or email within 2 minutes, or be
within 15 miles of work), there is a
strong likelihood that you should be
paid for that time.
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17. Trick #3
Paying by the Piece, the Day,
or the Job

18. While all of these pay methods are
acceptable, you still have to be paid
overtime for any hours you work over 40
in a workweek.

19. Trick #4
Rounding Time Down

20. The fact is, if your employer is rounding
your time, there is a good chance they
are stealing from you.

21. Trick #5
Requiring to Give Off-hours
Duties
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22. For instance, employers require to:
• arrive at the workplace earlier
(before clocking in) to do prep work
• have before-hours or after-hours
meetings
• attend mandatory & voluntary
trainings

23. Trick #6
Pretending Not to Know
Workers Are Working
Through Lunch

24. Trick #7
Requiring to Volunteer

25. If you have been required to volunteer
and are supervised or are likely to suffer
consequences if you don’t volunteer,
then you likely qualify to have been paid
for your time.

26. Trick #8
Telling, “You Are Salaried, So
You Don’t Get Overtime”
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27. There are some employees who,
because they are salaried (at least $455
per week) AND because they perform
certain duties are not entitled to
overtime. BUT…

28. If you are paid a salary and are doing
manual labor, or not supervising
anyone, or not making important
decisions on behalf of the company, you
likely are entitled to overtime.

29. Trick #9
Combining Weeks to Avoid
Paying Overtime

30. Unless you work for the government,
“comp time” is illegal. If you work 50
hours in one week and 30 hours in the
next week, you are still entitled to 10
hours of overtime pay.

31. Trick #10
Telling, “Salespeople Don’t
Get Overtime”
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32. If your commissions don’t exceed your
base pay, you generally are entitled to
overtime pay (except if you work at a car
dealership).

33. Trick #11
Telling, “You Are an
‘Independent Contractor’”

34. A person is an employee if:
• his company controls the time, place
and manner of his work
• if he can't work for other companies
• can't hire his own assistants
• answer to company work rules

35. Trick #12
Combining Non-exempt
Duties

36. It’s not uncommon for employers to try
and save money by cutting non-exempt
jobs and giving those duties to exempt
employees. If you have an exempt job, it
translates into double the work, same
pay.
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37. LEARN MORE ABOUT VIOLATIONS IN A
WORKPLACE

38. “We Protect Your Rights in the Workplace,
So You Can Focus on Protecting Your Family”
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Davie, FL 33314
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