Your Right to Be Paid

You have the right to receive the pay that was legally promised for the work you performed.

What Wage Theft Looks Like

Wage theft can include:

• Refusing to pay you after the work is completed
• Paying less than the agreed amount
• Failing to pay for all hours worked
• Requiring unpaid work before or after your scheduled hours
• Making illegal deductions from your pay
• Failing to pay legally required overtime
• Paying below the applicable minimum wage
• Calling someone an independent contractor to avoid employee protections when the worker legally qualifies as an employee

Federal law establishes minimum-wage, overtime, and recordkeeping protections for many employees. State and local laws may provide workers with greater protections or a higher minimum wage. When more than one wage law applies, covered employees are generally entitled to the higher applicable minimum wage.

Independent contractors do not always receive the same wage-and-hour protections as employees. However, a hirer cannot decide someone is an independent contractor simply by using that label. Worker classification depends on the actual working relationship and applicable law.

Protect Yourself From Wage Theft

Keep your own record of every job. Write down or save:

• The hirer's name, telephone number, and company name
• The jobsite address
• The date and time you started
• The time you stopped working
• Break periods
• The work you completed
• The agreed rate of pay
• Extra work requested
• Materials or expenses you paid for
• The amount and date of every payment
• Messages, photographs, receipts, and payment confirmations

Take appropriate photographs of your completed work when permitted. Avoid photographing private documents, children, residents, or areas unrelated to the job.

Whenever possible, ask for a receipt, written confirmation, or electronic record showing that payment was made.

If You Are Not Paid

Stay calm and preserve your records. First, send the hirer a clear written message that includes:

• The date of the job
• The hours worked
• The work completed
• The amount agreed upon
• The amount still owed
• A reasonable payment deadline

Do not threaten, harass, trespass, damage property, or attempt to take tools or materials as payment.

You may also report the hirer through ChambaNOW. A platform report does not replace a government wage claim, police report, lawsuit, or other legal process, but it may help ChambaNOW investigate the account and protect other users.

Workers who legally qualify as employees may be able to file a wage complaint with the U.S. Department of Labor or the appropriate state labor agency.

California Workers

California workers may file a wage claim with the California Labor Commissioner when an employer fails to pay wages or benefits that are legally owed. California states that its labor laws protect workers regardless of immigration status.