Paychecks, Pay Stubs & Wage Theft

Wage theft is when an employer doesn’t pay workers everything they’ve earned. Construction is one of the industries where it happens most often.

Common forms of wage theft

Pay stubs

Federal law requires employers to keep accurate records of hours and pay, but doesn’t require pay stubs. Most states do require a written or electronic pay statement showing hours, rate, gross pay, deductions and net pay. Check every stub against your own record of hours.

Final paychecks

Federal law only requires final pay by the next regular payday. Many states set faster deadlines, especially when you’re fired or laid off. For example, California requires final pay immediately at termination, and Texas within six calendar days of a discharge. See your state’s page or labor department.

How to recover unpaid wages

  1. Gather your records: hours, dates, jobsites, pay stubs, texts and photos.
  2. Ask your employer in writing (text or email) for the missing pay, if it’s safe to do so.
  3. File a wage claim with your state labor department or the U.S. DOL Wage and Hour Division (1-866-487-9243). It’s free and confidential.
  4. Talk to your union, a worker center, legal aid, or an employment lawyer. Many take wage cases at no upfront cost.

Deadlines: under the FLSA you generally have 2 years to recover unpaid wages (3 years if the violation was willful). State deadlines vary. Don’t wait.

Contractors not paying subs’ workers

On many projects, if a subcontractor doesn’t pay you, you may have other options: mechanic’s lien rights, payment bond claims on public projects, or laws in some states that make general contractors liable for subcontractors’ unpaid wages. Get advice quickly, since lien and bond deadlines are short.

Standards & references

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