
Wage Theft Q & A
What is Wage Theft?
"Wage theft" refers to the nonpayment or underpayment of wages. Wage theft typically occurs when workers do not receive the required minimum wage or overtime wages; when employers cheat workers out of hours, or force workers to work off the clock; not pay workers their final paycheck; misclassify employees as independent contractors to avoid paying minimum wage and overtime; or not pay workers at all.
All workers have a legal right to the wages they have earned, regardless of status.
The Legal Aid Society of Palm Beach County works closely with the Palm Beach County State Attorney's Office to address egregious cases of wage theft and intimidation and threats against workers making claims.
Who can be a victim of Wage Theft?
Wage theft typically affects hourly and piece rate workers, and is prevalent in many of the low-wage service industries that make up the backbone of the South Florida economy, such as plant nurseries, hotels and restaurants, day labor, domestic work, and the retail industry. Although it disproportionately affects low-wage workers and immigrant workers, the impact is felt by all workers. When unscrupulous employers get away with stealing wages of certain workers, they are getting an unfair advantage over honest competitors, driving down standards for all workers. Wage theft affects the community too because it denies workers their livelihood and support for their families, and impacts the local economy.
Some Frequently Asked Questions
Some people at my job don't speak English and they want to talk to you.
We can help by providing staff members that are fluent in some languages (e.g. Spanish and Creole). We also have available a language interpretive service which can assist with translation in many other languages.
I haven't worked for this employer for a while. How long do I have to file a complaint?
The FLSA contains a two-year statute of limitations (three years for willful violations). This means that any part of a back wage claim which was earned more than two years before a federal court lawsuit is filed may not be collectible. There are also specific time limitations for filing civil lawsuits to receive unpaid wages. Therefore, in order to ensure we can complete our investigation before the statute of limitation expires, employees should contact the Legal Aid Society as soon as possible.
What can you do if you think you have been the victim of Wage Theft?
If you think you have been the victim of Wage Theft, please call the Legal Aid Society at (561) 655-8944 Ext. 358. An appointment will be scheduled with you for an intake, where we will obtain the necessary information to determine if you have been a victim of wage theft, and the amount you are owed. The following information will be a useful guide to assist us with pursuing your claim for unpaid or underpaid wages:
All services are free and confidential, regardless of whether you are documented or not, and there are no qualifying criteria. Anyone residing in Palm Beach County who has been a victim of wage theft qualifies for assistance.
In cases where the Legal Aid Society is unable to assist you directly, every effort will be made to refer you to the appropriate agency, organization or private attorney for assistance with your claim for wages.
To download a copy of Legal Aid's Wage Theft brochure in English, click here.
To download a copy of Legal Aid's Wage Theft brochure in Spanish, click here.
To download a copy of Legal Aid's Wage Theft brochure in Haitian Creole, click here.