How to Identify and Address Wage Theft in the Healthcare Industry
Wage theft remains a pervasive issue in the healthcare industry, harming many professionals who provide essential services. Wage theft includes various illegal practices by employers that deny workers their rightful earnings. Recognizing this issue in all its forms is key for healthcare workers who want to protect their income.
At Hodges & Foty, LLP, we recognize the substantial contributions healthcare workers make to our communities and the struggles they face, including wage theft. Our team advocates for these professionals and works to ensure they receive the compensation they rightfully deserve. Get in touch with us for a free consultation by filling out our contact form today.
What Is Wage Theft In the Healthcare Industry?
Wage theft in healthcare refers to illegal practices by employers that deprive workers of fair pay. These practices include paying below minimum wage, withholding overtime pay for hours beyond 40 per week, and misclassifying employees as independent contractors to sidestep wage and hour laws. Many healthcare workers may not know about these labor standards under the Fair Labor Standards Act, so wage theft often goes unreported.
Why Wage Theft Occurs in Healthcare Settings
Wage theft persists in healthcare due to systemic problems within the industry. Some employers focus on profit over employee welfare, creating a culture that overlooks wage and hour violations. In certain cases, employers lack adequate knowledge of labor standards, leading to unintended legal violations. But ignorance does not excuse wage theft, as all employers bear responsibility for complying with employment laws.
High turnover rates in healthcare further enable wage theft. Employers may exploit new hires’ unfamiliarity with labor rights, leading to wage theft that affects both experienced and newly hired healthcare professionals.
Signs That You May Be a Victim of Wage Theft
Identifying wage theft involves looking for red flags that suggest employer violations. One indicator is consistently working overtime without receiving overtime pay. If you often work more than 40 hours a week but notice a pay discrepancy, further investigation may be warranted. Employers who refuse to provide clear records of hours worked or who avoid discussing wage issues may also be engaging in wage theft.
Another indicator involves misclassifying your employment status. If you are labeled as an independent contractor but perform duties similar to an employee, your employer may be committing wage theft by avoiding legal obligations. Reviewing pay stubs for unauthorized deductions or missing benefits can also reveal potential wage theft. Staying vigilant helps protect against unjust practices and ensures fair compensation.
Steps to Take If You Suspect Wage Theft
Suspecting wage theft calls for immediate action. Start by documenting your hours worked and any communication with your employer regarding wages. Keeping records can support your claim if you decide to pursue a wage theft case. Next, review your rights under wage and hour laws to better prepare for addressing wage concerns with your employer.
After gathering evidence, consider addressing the issue directly with your employer, who may be unaware of wage discrepancies. If the problem remains unresolved, filing a complaint with the labor commissioner’s office or the wage and hour division could be necessary. Consulting a wage theft attorney can help clarify your options and provide strategic guidance. These steps can help reclaim lost wages and promote fair labor practices.
Schedule a Consultation with Hodges & Foty, LLP Today
If you have experienced wage theft in the healthcare industry, seeking legal advice ensures your rights remain protected. Hodges & Foty, LLP is skilled in employment law and offers guidance for addressing wage theft cases. A consultation can clarify your options and help you plan an approach for resolving the issue with your employer.
The team at Hodges & Foty, LLP provides assistance with evidence gathering, filing wage claims, and understanding the legal process. We know the unique struggles healthcare workers face and work to combat wage theft. Call Hodges & Foty, LLP for your free consultation at (713) 523-0001 or use our contact form today.