I don't know how things work in the USA, but in the UK, your references don't get contacted until after you're hired, usually on a probation period.
If the wage you're being paid is high enough, it could be worthwhile taking someone to court to claim it back, as they're effectively defrauding your company.
If the wage you're being paid is high enough, it could be worthwhile taking someone to court to claim it back, as they're effectively defrauding your company.