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.