Wage Theft
Wage theft is any time an employer keeps money you earned — in any form. If it’s happening to you, the law is on your side, and we can help you get it back.
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What is wage theft?
Wage theft is a broad term for any way an employer withholds pay a worker legally earned — unpaid overtime, off-the-clock work, stolen tips, illegal deductions, minimum wage violations, or a final paycheck that never comes. It’s one of the most common and least-reported workplace violations, and it costs workers billions every year.
Wage theft doesn’t always look like theft. It’s often buried in a paycheck that seems normal until you add up what’s missing.
How wage theft shows up at work
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You’re not paid overtime for hours over 40 in a week
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You work before or after your shift, or through breaks, unpaid
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Your tips are taken, skimmed, or pooled illegally
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You’re labeled a contractor to dodge overtime and benefits
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Illegal deductions come out of your check
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You’re paid less than minimum wage, directly or after deductions
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Your final paycheck is late, short, or never arrives
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You’re paid in cash to keep your hours and wages off the books
Federal and state protections
Wage theft is illegal under both federal and state law.
Federal
The Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage and proper overtime, to track hours accurately, and to pay workers fully for the time they work. Violating these requirements — in any of the forms wage theft takes — is against federal law.
Minnesota
Minnesota has some of the strongest wage-theft protections in the country. State law makes certain wage theft a crime, requires detailed pay records and wage notices, and lets workers recover more than the wages they’re owed when an employer violates the rules.
Learn moreIllinois
The Illinois Wage Payment and Collection Act protects workers against unpaid wages, late paychecks, and illegal deductions, and imposes significant penalties on employers who withhold pay. Illinois also allows workers to recover damages beyond the wages themselves.
Learn moreNot sure which law applies to your situation? That’s what we figure out with you.
When an employer takes wages you earned, the law often lets you recover well beyond the missing pay:
- All the wages you’re owed
- Liquidated damages — often equal to the unpaid amount, effectively doubling it
- Up to triple the wages owed under some state laws
- Interest on what you’re owed
- Civil penalties against the employer
- Attorney’s fees and costs
Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.
How we handle wage theft cases
Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.
On contingency, you pay nothing unless we win.
Attorneys who handle these cases
Meet the full team
Shawn Wanta
Founding Partner
Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.
Admitted in MN · IL
Joni Thome
Founding Partner
Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.
Admitted in MN
Suzanne Heywood
Attorney
Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.
Admitted in IN · IL · MI
Luke Molvarec
Attorney
Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.
Admitted in IL
Common questions about wage theft
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What counts as wage theft?
Wage theft is any way an employer keeps pay you earned — unpaid overtime, off-the-clock work, stolen tips, illegal deductions, paying below minimum wage, or withholding a final paycheck. It doesn’t have to be intentional or dramatic to be illegal. If money you earned is missing, it may be wage theft.
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What if I was paid in cash?
You’re still owed proper wages, overtime, and every other protection. Being paid in cash doesn’t remove your rights — and an employer paying cash to avoid records can actually strengthen your position. Keep whatever records you can of your hours and what you were paid.
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How do I know how much I’m owed?
That’s part of what we figure out with you. Wage theft often hides in small amounts that add up over time, and the law may multiply what you recover. On the first call, we help you piece together the hours, the pay, and what the law entitles you to.
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Is wage theft a crime?
In some cases, yes. Minnesota, for example, treats certain wage theft as a criminal offense. But you don’t need a criminal case to recover your wages — most workers pursue what they’re owed through a civil claim, which is where we come in.
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Can I be fired for reporting wage theft?
No. Retaliating against you for asking about or claiming stolen wages is illegal. If your employer cut your hours, demoted you, or fired you after you raised it, that’s a separate violation on top of the wage theft itself.
Ready to find out where you stand?
Five fields, no story needed yet — that comes on the follow-up call. Most people hear back within five minutes if Nina is enabled, or the same business day if not.
Your submission is confidential. We do not contact your employer.
Common questions
How far back can I claim stolen wages?
Federal claims generally reach back two years, or three for willful violations, with state deadlines that can differ. Because older wages drop off as time passes, it’s best to act sooner rather than later.
How much does it cost to hire a wage theft lawyer?
For most cases, nothing upfront. We work on contingency, and in many wage cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.
Do I need proof to make a wage theft claim?
It helps, but you’re not out of luck without it. Employers are legally required to keep accurate records, and when they don’t, the law often works in the worker’s favor. Your own notes, pay stubs, and recollection can support a claim.
Can a group of coworkers bring a wage theft claim together?
Yes. When an employer steals from one worker, it’s usually doing it to many. Wage cases can be brought collectively, which can make them stronger and spread the effort. If your coworkers are in the same situation, mention it when we talk.
What if the wage theft was just a “mistake”?
It doesn’t matter whether it was intentional. The law generally requires employers to pay what workers earned regardless of whether the underpayment was deliberate or a “payroll error.” A mistake that isn’t corrected is still money you’re owed.