Wage theft is one of the most common—and underreported—violations affecting workers across Pennsylvania. It can happen in a variety of ways, from being shorted on hours to not receiving overtime pay. Unfortunately, many workers don’t realize they’re being underpaid or think they can’t do anything about it. But the truth is, wage theft is illegal, and you have rights.

In Pennsylvania, both state and federal laws protect employees from unfair pay practices. If you’re not being paid for the work you’ve done, it’s important to understand what qualifies as wage theft and how to take action.

Learn more about how to identify the signs of wage theft, the laws that protect you, and what to do if you think your employer is breaking the rules in the following article.

What Is Wage Theft?

Wage theft happens when an employer fails to pay workers what they’re legally owed. It can affect employees in any industry—from hospitality and construction to office jobs and retail—and it doesn’t just happen to hourly workers.

Here are some common forms of wage theft in Pennsylvania:

• Not paying minimum wage
• Failing to pay overtime (for hours over 40 per week)
• Requiring off-the-clock work
• Taking unlawful deductions from paychecks
• Not providing final paychecks after separation
• Misclassifying employees as independent contractors

Even if the amounts seem small, wage theft can add up over time. If you’ve been underpaid or denied lawful wages, you may be entitled to recover not just what you’re owed—but more.

Pennsylvania Wage Laws That Protect You

Several laws exist to protect workers from wage theft. In Pennsylvania, the two key statutes are:

Pennsylvania Minimum Wage Act (PMWA)

This law sets the state’s minimum wage and overtime rules. Pennsylvania follows the federal minimum wage of $7.25 per hour, but employees who work over 40 hours in a week must be paid 1.5 times their regular rate.

Pennsylvania Wage Payment and Collection Law (WPCL)

This law governs how and when employers must pay wages. It includes protections around pay frequency, final paychecks, and wage deductions.

If an employer violates these laws, they can be held financially liable. In many cases, they may also have to pay penalties and cover your attorney’s fees.

Red Flags: Signs You May Be Experiencing Wage Theft

Not sure if something’s wrong? Here are some warning signs:

• You’re regularly asked to work before clocking in or after clocking out
• You’re not paid overtime even though you work more than 40 hours a week
• You’re paid in cash without proper records
• You didn’t receive your last paycheck or were shorted on hours
• You’re classified as an “independent contractor” but treated like an employee
• Your employer takes deductions from your paycheck without explaining why

If any of these apply to your situation, it’s worth speaking to a lawyer or filing a complaint.

What to Do If You Suspect Wage Theft

If you think your employer isn’t paying you fairly, here’s how to respond:

1. Document Everything

Start keeping records of your hours, pay stubs, communications, and any work you performed outside of your scheduled time. Your own documentation can be powerful evidence.

2. Talk to Your Employer (If You Feel Safe Doing So)

Sometimes wage issues result from clerical errors or misunderstandings. If you’re comfortable, raise the issue with your supervisor or HR department.

3. File a Complaint with the Pennsylvania Department of Labor

You can submit a wage complaint to the PA Department of Labor and Industry, which may investigate your claim and pursue enforcement if they find violations.

4. Contact a Wage and Hour Attorney

State investigations can take time—and may not always lead to full recovery. Working with an attorney can help you file a private lawsuit, recover unpaid wages, and potentially secure additional damages for retaliation or prolonged nonpayment.

Time Limits for Filing a Claim

In Pennsylvania, you generally have three years to file a claim under the PMWA. Under the WPCL, the statute of limitations is three years as well. Don’t wait too long—acting early can improve your chances of success and make it easier to gather evidence.

Call Brandon J. Broderick For Legal Help

Wage theft doesn’t just take money out of your pocket—it’s a violation of your rights. At Brandon J. Broderick, Attorney at Law, our employment law attorneys help Pennsylvania workers stand up to unfair employers and recover the pay they’ve rightfully earned.

If you suspect your employer has shorted your pay, refused to pay overtime, or misclassified your role, don’t stay silent. Contact our team today for a free consultation. We’ll listen to your story, explain your rights, and help you fight back.