The laws are against the employee when it comes to salaried positions. Most jobs that pay a salary are exempt from overtime; only certain types of jobs qualify. However, due to lack of awareness, not paying overtime to a salaried employee who actually qualifies is probably a very common form of wage theft.
Btw, I’ve never heard wage theft used to refer to employees misreporting their hours. I’m not sure that’s a common usage of the term (kinda think it’s not).
moody@lemmings.world 11 months ago
Wage theft is specifically referring to the crime of not paying an employee what they’re owed. If the law says that you don’t need to be paid for something specific, like overtime, due to being a salaried employee, then it’s not wage theft. If, however, you are an hourly employee and are not paid overtime for your hours over 40, that’s wage theft.
Another example is for waitstaff that have a lower minimum wage due to tips being expected. If your employer keeps tips and doesn’t pay you at least as much as regular minimum wage, that is also wage theft.
thefloweracidic@lemmy.world 11 months ago
This is a much more legalese take, I feel like some folks would disagree in terms of the spirit of wage theft vs the letter of the concept. I like it though, I appreciate it, I appreciate you.