Introduction
Have you ever opened your paycheck and felt a sinking feeling that something’s not right? If your boss is shortchanging you—whether by skipping overtime, withholding tips, or paying less than minimum wage—you’re likely a victim of wage theft. It’s a betrayal that hits hard, but you don’t have to accept it. As experienced wage and hour attorneys, Swartz Swidler LLC is here to help you reclaim what’s yours. Time is critical, as legal deadlines can limit your ability to recover stolen wages. In this guide, we’ll show you how to spot wage theft, understand your rights, and take action to get the pay you deserve. Ready to fight back? Get a free consultation with us today.
Don’t Let Wage Theft Steal Your Earnings
What Is Wage Theft?
Wage theft happens when your employer illegally withholds wages you’ve earned, violating federal and state laws. It’s more common than you might think, affecting hourly workers, tipped employees, and even salaried professionals in industries like retail, hospitality, and healthcare. Wage theft isn’t just unfair—it’s a crime that can cost you thousands.
Common forms of wage theft include:
- Not paying for all hours worked, like time spent on prep or cleanup.
- Denying overtime pay for hours over 40 per week.
- Withholding tips or commissions that belong to you.
- Paying below the minimum wage or making illegal deductions.
In New Jersey, where the minimum wage is $15.13 per hour in 2025, wage theft is especially harmful to workers struggling to make ends meet. Understanding what counts as wage theft is the first step to protecting your rights.
Supporting Evidence: A 2023 report from the Economic Policy Institute estimated that wage theft costs U.S. workers $15 billion annually, with low-wage workers hit hardest.
Suggested Visual: A pie chart showing common types of wage theft (e.g., unpaid overtime, withheld tips), placed here to clarify the scope of the issue.
Signs Your Boss Is Stealing Your Wages
Wage theft can be sneaky, but there are clear red flags to watch for. If any of these sound familiar, your employer might owe you money:
- Missing hours: Your paycheck doesn’t reflect time spent on tasks like setting up workstations or closing duties.
- Unpaid overtime: You work over 40 hours a week but don’t receive 1.5x your regular pay.
- Illegal deductions: Your boss deducts money for uniforms, equipment, or cash register shortages.
- Tip theft: Tips are withheld, “pooled” with managers, or used to cover business expenses.
- Subminimum wage: You’re paid less than New Jersey’s $15.13/hour minimum (or $5.26/hour for tipped employees, plus tips).
Take Lisa, a server at a New Jersey restaurant. She noticed her tips were being shared with managers, a violation of the Fair Labor Standards Act (FLSA). After contacting Swartz Swidler, she recovered thousands in stolen tips and penalties.
If you’ve ever felt cheated after a grueling shift, you’re not alone. Your hard work deserves fair pay, and we’re here to help you get it.
Laws Protecting Your Wages
You have powerful legal protections against wage theft, both federally and in New Jersey. Here’s what you need to know:
- Fair Labor Standards Act (FLSA): Requires employers to pay at least the federal minimum wage ($7.25/hour) and overtime at 1.5x for hours over 40 per week. It also protects tipped employees’ rights to tips.
- New Jersey Wage Payment Law: Ensures timely payment of wages and prohibits unauthorized deductions, with strict penalties for violations.
- New Jersey Wage Theft Protection Act: Strengthens worker protections by allowing triple damages for willful wage theft and extending the claim filing period.
You must act within legal deadlines: FLSA claims have a 2-year statute of limitations (3 years for willful violations), while New Jersey claims can be filed up to 6 years after the violation. Agencies like the U.S. Department of Labor and the New Jersey Division of Wage and Hour Compliance enforce these laws, but a wage and hour attorney can maximize your recovery.
Steps to Take If Your Wages Are Stolen
Discovering wage theft can feel overwhelming, but you have options. Follow these steps to reclaim your earnings:
- Gather evidence: Save pay stubs, timecards, schedules, or emails showing hours worked. Take photos of time clocks or jot down shift details.
- Confront cautiously: Ask your employer about pay discrepancies in writing (e.g., email) to create a paper trail, but avoid accusations that could lead to retaliation.
- Contact a wage and hour attorney: Swartz Swidler offers free consultations to review your case and explain your rights.
- File a claim: Your attorney can file with the U.S. Department of Labor, New Jersey Division of Wage and Hour, or pursue a lawsuit for maximum recovery.
Don’t delay—legal deadlines are strict, and waiting could cost you your claim. Swartz Swidler can guide you through the process with no upfront costs, so you can focus on getting paid.
Internal Link: Worried about retaliation for reporting wage theft? Read our guide on retaliation attorney near me.
Book your legal case review with Swartz Swidler today to start recovering your stolen wages.
Suggested Visual: A step-by-step infographic titled “How to Fight Wage Theft,” summarizing the above steps, placed here for actionable clarity.
How Swartz Swidler Can Help
When your wages are stolen, you need a trusted ally to fight for you. Swartz Swidler LLC brings unmatched expertise and a worker-first approach to every case:
- Proven Track Record: Our attorneys have recovered millions in back wages through individual and class action lawsuits, including complex wage theft cases.
- Compassionate Support: We listen to your story, explain your options in plain language, and fight aggressively to get you paid.
- No Risk to You: With free consultations and contingency fees, you pay nothing unless we win.
In one case, Swartz Swidler represented a group of retail workers in New Jersey whose employer deducted uniform costs from their wages illegally. We secured $300,000 in back wages and penalties, giving those workers the justice they deserved.
Don’t let wage theft go unchallenged. Schedule a free legal strategy call with Swartz Swidler now to fight for your wages.
Suggested Visual: A testimonial-style graphic with an anonymized client quote, e.g., “Swartz Swidler got me every penny I was owed!” placed here to build trust.
Conclusion
Wage theft is a serious violation of your rights, but you don’t have to let it slide. By spotting the signs, understanding laws like the FLSA and New Jersey’s Wage Theft Protection Act, and taking action, you can recover the wages you’ve earned. Swartz Swidler LLC is here to make that process simple, with expert legal guidance and a commitment to workers like you. You deserve every penny for your hard work—don’t let your boss steal it. Get a free consultation with Swartz Swidler today and take the first step toward justice.
Internal Link: Facing unpaid overtime? Check out our guide on wage and hour attorney services.
