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Wage Theft

Page history last edited by Robert Hackett 10 years, 7 months ago

Note: please note that this issue overview should (a) contain links to additional information on this topic that is focused either the local, state, national, or global level, and (b) be neutrally presented, based on facts, and include footnotes for each of the items.  See the Research Guide and Information Sources to assist you. 

 

 

Goal Statement     that further defines the topic 


To prevent/combat wage theft. 

 

Policy Options / Model Programs   specific policies or program models, grouped by type, that are profiled 


 

The wage theft policy options and/or model programs fall into the following categories:

  • PENALTIES/COMPENSATION:  Raise the cost to employers for violating the law
  • PROTECTION:  Better protect workers from retaliation
  • LEGAL SUPPORT: Make it easier to connect with pro bono lawyers/task forces
  • WORKING CONDITIONS:  have workers enter a fair and safe environment
  • IMMIGRANT WORKERS SUPPORT:  Solidify immigrant worker's rights and educate them their rights and resources
  • AGRICULTURAL EMPLOYMENT STANDARDS:  End the exclusions in minimum wage and overtime laws
  • (MIS)CLASSIFICATIONS:  Stop independent contractor misclassification and hold subcontracting employers accountable
  • OUTREACH:  assimilation into the community, education on rights and resources

 

Useful publication:  Winning Wage Justice: Choosing the Policy Options Right for Your Community

 

See details below.

 

PENALTIES/COMPENSATION (Raise the cost to employers for violating the law)

 

  • Local
    • Model Legislation Providing for License Revocation

Based on San Francisco Admin. Code § 12R7(b):  Where prompt compliance is not forthcoming, the Agency may take any appropriate enforcement action to secure compliance, including initiating a civil action except where prohibited by state or federal law, requesting that City agencies or departments revoke or suspend any registration certificates, permits or licenses held or requested by the Employer or person until such time as the violation is remedied. [1]

 

    • City of Seattle Wage theft Ordinance 

An Ordinance relating to wage theft; amending Seattle Municipal Code sections 5.55.230 and 12A.08.060; clarifying the definition of theft as it relates to theft of wages; providing a list of  circumstances that may be considered in determining whether a person intends to commit wage theft; clarifying the City's jurisdiction in such cases; and allowing the City to refuse to issue, revoke, or refuse to  renew business licenses from employers found guilty of wage theft. [2]

 

  • State

 

    • Penalties for Paystub Violations

From New York Wage Theft Prevention Act (2011): Enables employees to bring civil actions for paystub violations, including $100/week in damages, plus litigation costs, attorney fees, and injunctive relief.[3]

 

    • Postings of Wage Violations 

From New York Wage Theft Prevention Act (2011): Guilty employers can be forced to post a record of their wage viola- tions in the workplace, or publicly if the violations were deliberate.[4]

 

    • Statute of Limitations

From New York Wage Theft Prevention Act (2011): Six-year statute of limitations is now tolled from the date a complaint or investigation is initiated, whichever is earlier.[5] 

 

    • Model Legislation for Treble damages for Unpaid Wages

Based on Arizona law at A.R.S. §23-364(G): Any employer who fails to pay the wages required under law or agreement with an employee shall be required to pay the employee the balance of the wages owed, including interest thereon, and an additional amount equal to twice the underpaid wages. The department of labor and the courts shall have the authority to order payment of such unpaid wages and other amounts.[6]

 

    • Model Legislation Providing for Criminal Penalties for State Wage and Hour Laws

Based on Illinois law at 820 ILCS 115/14(a-5): Any employer or agent of an employer convicted of willfully withholding any form of wages owed to a worker shall be guilty of a misdemeanor at minimum. a Repeat offense within two years of the first conviction will result in a class four felony.[7]

 

    • Model Legislation on Penalties for Pay Interval Violations

Based on Agricultural Worker Protection Act at 29 U.S.C. §§ 1832(a) and 1854(c)(1): Each [employer] which employs any [worker] shall pay the wages owed to such worker when due.  If the court finds that the respondent has intentionally violated any provision of this chapter or any regulation under this chapter, it may award ... statutory damages of up to $500 per plaintiff per violation. [8]

 

    • Model Legislation Providing for dedicated Penalties or More Enforcement Resources 

Legislation earmarking collected penalties towards more enforcement

Based on Arizona law at A.R.S. § 23-364(g)(excerpted):  Any employer who fails to pay the wages required under this article shall be required to pay the employee the balance of the wages owed, including interest thereon, and an additional amount equal to twice the underpaid wages.... Civil penalties shall be retained by the agency that recovered them and used to finance activities to enforce this article. [9] 

 

    • Liquidated Damages
      • From New York Wage Prevention Act (2011): The Act increases liquidated damages from 25% to 100% of unpaid wages, plus prejudgment interest on the wages.
      •  Model Legislation Providing Liquidated Damages

Based on the Fair Labor Standards Act, 29 U.S.C. § 216(b): Any employer who violates the provisions of ... this title  shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, andin an additional equal amount as liquidated damages.[10]

 

    • Model Legislation Providing for Hot Goods Powers

Based on Fair Labor Standards Act 29 U.S.C. § 215(a)(1) : It shall be unlawful for any person to transport. . . ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of [the minimum wage or overtime sections] of this title. . .[11]

 

    • Model Legislation Providing for Penalty for Violations of Rest and Meal Agreement

Based on California law at Cal. Labor Code § 226.7(b): If an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.[12]

 

 

PROTECTION  (Better protect workers from retaliation)

 

  • Local
    • Immigration Protection   
      • Chicago City Ordinance on Immigration 

The purpose of this ordinance is to establish a healthy relationship between the much valued immigrant community and the chicago law enforcement and local government, and to establish procedures concerning immigration status and enforcement of federal immigration laws within the city.[13]

 

      • Borough of Heightstown Sanctuary Resolution (adopted March 7th 2005)

The Mayor and City Council of the Borough of Heightstown strongly encourage the ICE not to engage in conduct that creates mistrust of the local  police  and organizations in the community. The Mayor and Council pledge to dedicate themselves to restoring faith in local government and and enforcement so that anyone in the community can confidently contact the police  without fear of  immigration consequences. The Mayor and Council strongly  encourage the president to pass immigration legislation  that is just, and gives undocumented immigrants  opportunities for  legalization. A copy of this resolution was sent to  the president.[14]

 

      • California Trust Act 

A bill that would prevent local law enforcement agencies from honoring all requests to detain  immigrants on the federal government’s behalf. This most recent version of the bill would now mostly spare immigrants with clean or semi-clean records. Deportation holds would not be allowed for immigrants with straight misdemeanor convictions, nor for those with prior deportation orders. This bill is now headed to the California senate floor for the third time. [15]

 

  • State     

 

    • Expanded Retaliation Protections

From New York Wage Theft Prevention Act (2011): Extends protection to employees assisting other employees, and for a broader range of retaliatory actions.[16] 

 

    • Model Agency Policy Allowing Anonymous Complaint

Drafted by National Employment Law Project based on model language in state agency policies: A worker  may file  an anonymous claim for unpaid wages with the agency. To file an anonymous claim, the worker should write “ANONYMOUS” in the name section of the claim form, and leave the address blank. When the  agency is  investigating anonymous claims, it shall review records regarding all employees at the workplace. It will not provide  any information to the anonymous claimant unless a resolution is reached with the employer that includes payment of  the wages due.[17]

 

    • Model Legislation Allowing Confidential Complaints

 Based on Arizona law at A.R.S. § 23-364(C): When the agency receives a complaint of underpayment of wages, the  agency shall review records regarding all employees at the employer’s worksite in order to protect the identity of  complaining employee and to determine whether a pattern of violations has occurred. The name of any employee identified in a complaint to the agency shall be kept confidential until disclosure is necessary for the adjudication of the claims. The agency shall disclose the identity only with the complainant’s consent.  [18]

 

    • Model Legislation on Presumption of Retaliation for Adverse Actions after a Worker Complaint

Based on Arizona law at A.R.S. § 23-364(B): No employer or other person shall discharge or take any other adverse  action against any person in retaliation for asserting any claim or right under this article, for assisting any other person in doing so, or for informing any person about their rights. Taking adverse action against a person within  ninety days of a person’s engaging in the foregoing activities shall raise a presumption that such action was retaliation, which may be rebutted by clear and convincing evidence that such action was taken for other permissible reasons.[19]

 

LEGAL SUPPORT  (Make it easier to connect with pro bono lawyers/task forces)

 

  • State

 

    • Wage Notice Remedies

From New York Wage Theft Prevention Act (2011): Workers or NYDOL can recover damages ($50/week), litigation costs, and attorney fees for failure to comply with the notice requirement.[20]

 

    • Model Legislation Awarding Attorney’s Fees and Costs

Based on New Jersey law at N.J. S.A. § 34:11-56a25:If any employee is paid by an employer less than the minimum fair wage to which such employee is entitled under the provisions of this act ... such employee may recover .... costs and such reasonable attorney’s fees as may be allowed by the court. [21]

 

  

    • Model Legislation for Third-party Representation in Administrative Complaints

Based On Arizona law at A.R.S. § 23-364(C): Any person or organization may file an administrative complaint with the agency charging that an employer has violated the minimum wage law as to any employee or other person. [22]

 

    • Model Legislation for Third-party Representation in Court Actions

Based on Pennsylvania law at 43 P.S. § 260.9a(b): Actions by an employee, labor organization, or other party to whom wages are payable to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction, by such labor organization,party to whom wages are payable or any one or more employees for and in behalf of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action or on behalf of all employees similarly situated. Any such employee, labor organization, party, or his representative shall have the power to settle or adjust his claim for unpaid wages. [23]

 

    • Model Legislation for Representation by One Worker on Behalf of the Group in Administrative Complaints

 Based on Arkansas law at A.C.A. § 11-4-220(a: Any employee or other person may file an administrative complaint charging that an employer has violated [relevant chapters in state labor law] to any employee. [24]

 

    • Model Triage Guidelines

New York State Division of Labor Standards: This list identifies cases which should get (A) high priority; (B) regular priority; and (C) abridged treatment[25]

 

  • Local

 

    • Pro bono Outreach 

 

      • Legal Aid Society Wage Dispute Program (Palm Beach County, FL): Assists in Wage disputes in a private and confidential manner. If they cannot help you with your specific problem they will try and refer you to an appropriate alternative group.[26]
      • Tucson Immigrant Workers Project: The Project operates an in-house labor/employment rights clinic where workers receive confidential legal information, advice, and counseling about their rights in the workplace from trained law students and supervising attorneys.Trained law students and supervising attorneys provide follow up support and advocacy for workers interested in pursuing negotiations with their employer or filing charges with administrative agencies for unpaid wages, unemployment benefits, sexual harassment, discrimination, or other concerns.
      • Community Justice Project: A group of community lawyers working with community groups and grassroots groups in in South Florida on various projects. One of these projects is helping low income wage laborers recovering stolen goods. 
      • Neighborhood Legal Services of Los Angeles CountyNeighborhood Legal Services works to ensure low-wage worker have access to safe jobs free from exploitation.Their attorneys represent workers from various industries on a broad range of issues, including denial of unemployment insurance benefits, unpaid wages, wage and overtime violations, and denials of meal and rest breaks.

 

 

WORKING CONDITIONS (have workers enter a fair and safe environment)

 

  • State 

 

    • Paystubs

Requires employers to provide more detailed wage statements (paystubs) to increase transparency in how pay is calculated. [27]

 

Payroll Cards: An employer wishing to use payroll debit cards to pay their employees must provide and intelligible document in the native language of the employee fully explaining how the card works for the employee to review before signing any contract. The employer must reimburse the employee for any transaction fees on the card in a timely and agreed upon manner. An employer may not require an employee who does not have a home computer and or whose primary language is not english to be paid on a payroll card.  [28] 

 

    • Model Legislation Providing for Strong Joint Employment Language

Based on California law at Cal. Labor Code § 28:  A person or entity may not enter into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, or security guard contractor, where the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided.[29]

 

    • Model Legislation Providing for Meal Periods

Based on California law at Cal. Labor Code § 512: An employer may not employ an employee for a work period of  more than five hours per day without providing the employee with a meal period of not less than 30 minutes. An employer may not employ an employee for a work period of more than 10 hours per day without providing the  employee with a second meal period of not less than 30 minutes. [30]

 

    • Model Legislation Providing for Rest Breaks

Based on California law at 8 CCR § 11050(12): Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (minutes) net rest time per four (4) hours or  major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is  less than three and one-half (31/2) hours. Authorized rest period time shall be counted, as hours worked, for which there shall be no deduction from wages.[31]

 

    • Model Legislation Providing for Daily Overtime

Based on California law at Cal. Labor Code § 510(a):Eight hours of labor constitutes a day’s work. Any work in excess  of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours  worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and    one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be  compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess  of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular  rate of pay of an employee.[32]

 

    • Model Legislation Providing for Notice

Drafted by the National Employment Law Project based on model language in state and federal: An employer must provide each of its employees, prior to the time such employee commences employment, and on or before January 1 of each subsequent year, with a written statement, in English and in the principal language of the employee, setting forth ALL the terms and conditions of his/her employment.[33]

 

    • Model Legislation Providing for Wage Statement[34]

Drafted by the National Employment Law Project based on model language in state and federal law.  Model wage statement legislation would require that the wage statement: 

      • Be in written form, in English and the principal language of the employee; 
      • List total hours worked, the gross and net wages; 
      • Include the rate of pay for that pay period, with an explanation for the basis of pay; 
      • Include overtime hours and compensation; 
      • Identify the pay period for which the payment is being made; 
      • List a separate itemization of deductions with an explanation for each deduction; 
      • Name of employers and the employer contact and phone number 

 

IMMIGRANT WORKERS SUPPORT  (Solidify immigrant worker's rights and educate them their rights and resources)

 

  • Local 

 

    • Model Policy Protecting Immigrant Workers:

Asks for emphasis that all workers, regardless of immigration status, are covered by state labor law, and are entitled to all remedies under the law unless explicitly prohibited by federal law. This policy calls for more rigorous investigation into claims of wage theft and for state agencies to work with community groups to educate immigrants on their rights. It states that an immigrant who comes forward with a complaint will not be questioned on the status of their citizenship/legality.  In all proceedings on behalf of any employee, the Agency will vigorously oppose any efforts of any party seeking discovery of a complainant’s or any other person’s immigration status or any other information that will lead to the discovery of immigration status.  The Agency will train its staff (including intake officers, investigators, attorneys, and other relevant staff) on this policy and will work closely with community-based organizations to conduct this training.  Agency will make reasonable efforts to work closely with community-based organizations to conduct outreach and education to the immigrant community on this policy. [35]

 

Immigrant Employment help (These are all in NJ)

 

    • Morristown Neighborhood House Pathways to Work Program : The PTW program at this Non Profit helps set up immigrant workers with jobs in the community. The program does not ask the workers for any kind of documentation, and informs potential employer of this information. Once hired, the staff at the PTW is their to ensure that the relationship between worker and employer is a good fit and to mediate problems.

 

    • Community of Friends in Action: Hire a Worker ProgramThe Cofia sets up workers in New Jersey with  employment in the Palisades Park area. The mediate the hours, wages, and conditions that are decided on between employer and employee to ensure fairness, and keep an eye open for injustices such as wage theft. They do not discriminate based on citizenship status of the workers.  

 

    • Casa Freehold: Casa Freehold assists immigrants through various programs that include offering information and resources on employment, education, an other essential life areas.They connect workers to employers in "an environment of fair play and safe working conditions." They are in the process of creating a section that focuses on information and resources specifically regarding wage theft and work accidents. 

 

  • State

 

    •  Model State Legislation Protecting Immigrant Workers

Based on California law at Cal. Labor Code § 1171.5: All protections, rights, and remedies available under state law, except any  reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state.  For purposes of enforcing state labor and employment laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status except where the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law.[36]

 

    • Model Legislation Providing for LEP Access

Based on Hawaii law at HRS § 371.31-31.37: Each state agency and all covered entities shall take reasonable steps to ensure meaningful access to services, programs, and activities, timely oral language services, and written translations of vital documents to limited English proficient persons. [37]

 

DOMESTIC EMPLOYMENT STANDARDS  (End the exclusions in minimum wage and overtime laws)

 

  • Model Legislation Providing Overtime Coverage for domestic Workers 

Based on New York law at NY Labor Law § 170: No person or corporation employing a domestic worker... shall require any domestic worker to work more than forty hours in a week... unless they receive compensation for overtime work at a rate which is at least one and one-half times the worker’s normal wage rate.[38]

 

  • Model Legislation Extending Minimum Wage Coverage to Home Care Workers

Drafted By NELP based on model language in state law: “Employee” includes any individual employed or permitted to work by an employer in any occupation, including domestic workers.  "Domestic workers shall mean a person employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose."  [39]

 

AGRICULTURAL EMPLOYMENT STANDARDS (End the exclusions in minimum wage and overtime laws)

 

  • Model Legislation Extending Minimum Wage Protection to Agricultural Workers

Based on Texas law at V.T.C.A., Labor Code § 62.102: Any person employed as an agricultural worker, whether paid hourly or by piece rate, is entitled to receive not less than the minimum hourly wage established under State or Federal Law.[40]

 

  • Model Legislation Narrowing Exemption for Agricultural Workers

Drafted by NELP based on model language in state law: “Employee” includes any individual employed by an employer, but shall not include any individual employed: In agriculture for any workweek in which the employer of the individual employs less than twenty employees.[41]

 

(MIS)CLASSIFICATIONS (Stop independent contractor misclassification and hold subcontracting employers accountable)

 

  • Model Legislation Providing for Independent Contractor Task Forces or Commissions

Based on Massachusetts Executive Order No. 499 creating the Massachusetts Joint Enforcement Task Force on the Underground Economy and Employee Misclassification: The Task Force shall coordinate joint efforts to combat the underground economy and employee misclassification. It will identify those industries and sectors where the underground economy and employee misclassification are most prevalent and target Task Force members’ investigative and enforcement resources against those sectors, including through the formation of joint investigative and enforcement teams. It will also assess existing investigative and enforcement methods, and develop and recommend strategies to improve those method and identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action.[42]

 

  • Model Legislation Providing For Broad definition of Employment Relationships 

Based on Fair Labor Standards Act 29 U.S.C. § 203(d): Employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee....  [T]he term ‘employee’ means any individual employed by an employer....‘Employ’ includes to suffer or permit to work.”[43]

 

  • Model Legislation Creating an Employee Presumption

Based on Massachusetts law at M.G.L.A. 149, § 148B: For the purpose of minimum wage law and wage payment law a person shall be considered an employee unless he or she is operating without direct control and direction in a independently established trade, profession, or business. [44]

 

  • Model Legislation for the disclosure of Employment Status

Based on California Senate Bill 1490  (2008)(excerpted): A person employing labor in this state shall provide to an individual hired as an independent contractor, when the individual is hired, a form developed by the Employment Development Department which includes their status and rights as independent contractors.  [45]

 

OUTREACH (assimilation into the community, education on rights and resources)

 

  • Local/State 

 

    • San Francisco Wage Theft Prevention and Education Outreach Services:  In March 2013 the City and County of San Francisco Office of Labor Standards (OLSE) put out a notice looking for proposals to contract a new . The fallowing are the requirements for the job thus far (more may be added).
      • Required Contractor Activities: The contractor will provide the following services.
      • Community Outreach: The contractor will conduct a community outreach program to San Francisco’s low-wage workers about San Francisco and California’s labor laws. This outreach may include activities such as participation in community events, street fairs, meetings of neighborhood and community groups, and door-to-door outreach. While the outreach program may focus upon specific target communities, it should be citywide in scope, such that neighborhoods which have historically been underserved are afforded adequate services.
      • Worker Training on Labor Rights: The contractor will conduct regular workshops and trainings designed to educate low-wage San Francisco workers on their rights under local and state labor law.
      • Worker Education on Health Benefits: The contractor will work closely with OLSE to educate workers about using Health Reimbursement Accounts to access preventative health care services.
      • Counseling & Referral Services: The contractor will provide regular legal counseling services for workers, evaluate the validity of potential claims, and assist workers in filing wage theft claims.
      • Outreach Materials: Under the supervision of OLSE, the contractor will assist the City in updating and distributing multi-lingual and culturally competent educational outreach materials, such as brochures, flyers, posters, and work calendars.
      • Publicity for Success Stories: The contractor will develop a media outreach strategy to gain visibility for workers who have reported wage theft and successfully recovered back wages and affirmatively consent to tell their story publicly. By showcasing the courage of workers who came forward to report violations, the media campaign will encourage other workers to report stolen wages while also reminding employers throughout San Francisco of the consequences of non-compliance.
      • Program Monitoring and Evaluation: The contractor will provide quarterly reports to OLSE summarizing progress towards the contract’s deliverables and the contractor will meet regularly with OLSE staff to review the contractor’s activities and plans.

 

    • South Florida Wage Theft Task Force : The South Florida Wage Theft Task Force (WTTF) is a community based task force working collaboratively to address wage theft since 2007. The goals of the WTTF are to reduce wage theft in Florida and, in the process, broaden public awareness about worker rights. WTTF membership includes immigrant rights organizations, women’s and faith community groups, labor unions, a workers center, legal services providers, a research institute, an employer alliance, and others. The WTTF seeks to strengthen human rights through the expansion of protections for the most vulnerable among us and the improvement of public enforcement of worker rights laws.

 

    • VOZ Workers Rights and Education Program (Portland Oregon)
      • Day Laborer Assembly This is our main decision-making process and base-building platform. Each month, between 40-80 day laborers meet and discuss relevant issues involving the Day Labor Center, immigration policy, and programmatic changes. Any new program, event, or political strategy must first be approved at these meetings. This can range from a change in the newsletter lay-out to creating tactics to deal with hostile protesters at the Day Labor Center. The Assemblies are the first place where day laborers become decision-makers in the organization and begin to identify as a member of VOZ. Day laborers participate by promoting the meeting to other day laborers, presenting discussion topics, facilitating, cooking, cleaning, and taking notes.  At VOZ, we create spaces for day laborers to express their voice and dreams through the mediums of Music, Art, and Theatre. We host weekly classes, facilitated by volunteers, and use these classes as tools for day laborers to develop political consciousness and articulate their reality. This gives day laborers an opportunity to express themselves through alternatives to written or spoken language. We also utilize art, music, and theatre presentations to educate the larger community about day labor issues.
      • Wage Claims: Voz provides assistance and support to workers who are not paid by their employers. To date, Voz has helped workers recover over $200,000 in unpaid wages. Voz does not accept any payment from workers for this work.
      • Education/Health:  Health Workshops Voz is pleased to be continuously provide more support to day laborers, now including health workshops. More on this later this spring. ESL English classes are taught Monday-Saturday from 10-12pm at the Day Labor Center. The classes are taught by trained volunteers, utilizing popular education methodology. Computer Class Computer classes are taught Mondays and Wednesdays from 3:30-5:30 at the VOZ office at 1131 SE Oak St, Portland. The computer classes are tailored to different abilities. These classes are taught by VOZ volunteers. Art Class Art classes vary from year to year.  Music classes are held at the Portland Day Labor Center every Thursday from 10-12pm. Day Labor Theatre The Theater group meets every Monday at 12pm at the Portland Day Labor Center.

 

    • Tucson Immigrant Workers Project: The Tucson Immigrant Workers' Project advocates for the rights of low-wage immigrant workers through direct service, public policy research, and community education and outreach. 
      • Community Education and Outreach: The Project designs and conducts outreach and trainings to low-wage workers on employment rights and self-advocacy. These presentations are tailored to the specific audiences, language abilities and concerns of the community organizations that host them. Over the 2011-2012 academic year the Project conducted workplace rights presentations and "train the trainers" workshops throughout Tucson reaching well over 200 immigrant workers. Presentations ranged from general workplace rights presentations to domestic workers' rights presentations or wage theft presentations. The project also provides trainings and technical assistance to community organizations and leaders on issues related to the exploitation of immigrant workers.
      •  "Know your rights" packets provide workers with information about their rights at work in Arizona. They are available in a number of languages on the website.    

 

 

Local/State/National Information    additional information on this topic at the local, state, national, global level


 

 

Glossary of Terms   key words or phrases that the layperson needs to know to understand this issue 


 

 

  • Agency: means any agency, department, board or commission of a state, or of any political subdivision of a state, that issues a license for purposes of operating a business in a state. [46]

 

  • Civil v. criminal law: There are many differences between the systems of law that we call “criminal” and “civil.” The two most important for wage theft are as follows. In the civil system, a case can be brought by a worker or a lawyer on the worker’s behalf. An agency or a judge can order the employer to pay the worker the money that is owed, often with additional penalties (see below). In the criminal system, an employer can be taken to court only by a prosecutor or attorney general. The judge can order that the employer be put in jail, as well as that the employer pay the money owed to the worker. [47] 

 

  • Day Laborers: Day laborers are workers who are employed on a day-by-day basis without any obligations by an employer to employ the worker in the future. Workers are usually paid in cash and there are generally no records linking the employer to them. The underground nature of the day labor market makes enforcement of labor laws difficult, often leading to abuse of workers by their employers. Moreover, many, if not the majority, of the day laborers are undocumented. Their immigration status, ignorance of their rights, fear of authorities, and limited English proficiency make day laborers particularly susceptible to workplace abuses.[48]

 

  • Domestic workers:  "shall mean a person employed in a home or residence for the purpose of caring for a child, serving as a companion for a sick, convalescing or elderly person, housekeeping, or for any other domestic service purpose."  

 

  • Wage Theft  Wage theft occurs whenever a worker is robbed of legally owed wages because an employer breaks the law or a contract. Common forms of wage theft include:[49]
    • Nonpayment of wages: An employer fails to pay workers for some or all hours of work performed, or fails to pay workers in a timely fashion.[50]
    • Underpayment of wages: An employer pays workers less than they were promised or less than they are legally owed under state or federal minimum wage or overtime statutes.[51]
    • Tipped job violations: An employer pays tipped employees less than the legally mandated minimum wage for tipped jobs, forces tips to be “shared” with managers or steals workers’ tips. [52]   
    • Deduction violations: An employer diminishes workers’ pay by making unauthorized or illegal deductions from paychecks.[53]
    • Misclassification of employees: An employer falsely labels an employee as an “independent contractor” in order to avoid obligations to pay minimum wage and overtime (along with a host of other employment laws, and unemployment insurance, workers’ compensation, and income tax payments). The “independent contractor” exemption was meant to apply only to individuals such as physicians, lawyers, dentists, veterinarians and construction contractors who are paid for services, but who do not work under the direction and control of others who hire, fire, direct their work, and pay them.  [54]

 

  • Private bar or private lawyers: Most lawyers work in private law firms, groups of lawyers who offer their services to the public for a fee. Some private law firms are expert in wage and hour law. Some will represent workers, including victims of wage theft, for no cost or a small cost, and will ask the judge to make the employer, if found at fault, pay the lawyer’s fee. [55]

 

  • Legal Terms:
    • Liquidated damages: In cases of wage theft, liquidated damages are monies ordered to be paid by the employer to the worker, in addition to the amount of wages owed. For example, many state laws provide for double or “treble” (triple) damages, meaning that the employer is ordered to pay the worker two or three times the wages owed as compensation.[56]
    • Penalties: Legally, a “penalty” is an amount of money that a violating employer has to pay to the state if the state seeks it. Penalties are not typically paid to a complaining worker.[57]
    • Fines: Fines are assessed by labor agencies against employers in an administrative proceeding. Typically, a fine is paid to the state agency rather than to the worker. In most cases, proceeds from fines go into a general state fund, but in some cases, the money from fines goes directly into the enforcement budget of the agency.[58]
    • Judgment: A judgment is a final order from a court or agency ordering an employer to pay a specific amount of money to an individual.[59]
    • Remedy: In the legal sense, a remedy is anything that a judge orders as a way to correct the problem that led to the lawsuit. For example, judges may order an employer to pay workers their unpaid pages; order employers to change their practices in the future; and award attorneys fees to the worker’s lawyer.[60]
    • Statute of limitations: Statutes of limitations are laws that set deadlines for filing a lawsuit or a complaint within a certain time after the act of wage theft occurs.[61]
    • Class actions: Class actions are cases filed by one or more workers on behalf of a larger group of workers who have experienced a similar violation of their rights. Most state wage and hour laws allow workers to file class actions. The advantage of a class action is that the employer has to pay for all of the workers that it abused, without all of the workers having to take an active role in the lawsuit.[62]
    • Civil Court: Court cases between two individuals or individuals and companies regarding "noncriminal" activities. 

 

  • Record-keeping: Some state laws require employers to keep track, in writing, of the basic details of a worker’s wages and hours. Typically, the required records might include total wages paid to a worker, hours worked, and deductions made from pay. [63]

 

  • Small Claims Court: The Small Claims Section is a court in which you may sue someone (the defendant) to collect a small amount of money that you believe is owed to you. Because procedures in Small Claims are simpler than in other courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. [64]

 

  • Ordinance: An ordinance is: A law or an act of a city, municipality or local governmental agency. City Councils have authority to pass ordinances through Government Code (GC) Section 37100, as long as these ordinances do not conflict with the laws and Constitution of the state it is in or federal laws. It is the most binding form of action a City Council can take.[65]

 

  • Resolution: A resolution is a formal expression of opinion or intention of the City Council. Resolutions usually become effective upon their adoption.[66]

 

  • Misdemeanors:These are the most serious violations for local ordinances or laws. If an individual is convicted or found guilty of a misdemeanor offense, that individual could be assessed a fine of up to $500.00 and/or be placed in jail for up to 90 or 93 days. In addition to these penalties, the Court can impose Court Costs and other Court sanctioned fees or penalties.(http://www.cityofallenpark.org/government-ordinance-info.php) 

 

  • Felony: A felony is considered to be a serious crime, although it has no exact definition. Penalties for felonies vary from state to state, and there are different levels of felony that have varying degrees of punishment.

 

  • State wage payment laws: Every state has a law that requires payment of promised wages in a timely and regular manner. These laws cover promised wages in any amount—not just the minimum wage. [67]

 

  • State departments of Labor: Most states have a state department of labor. The powers and duties of the departments vary greatly. In some states, the department may have no enforcement staff and no role in enforcing wage laws; in others, there is a well-developed set of wage laws enforced by a staff of investigators and administrators. States have a variety of names for these agencies, including state department of labor and industry and state department of commerce. Some states have no state department of labor.[68]

 

  • State Attorneys General: All states have an attorney general (AG), who is the chief lawyer for the state and in charge of enforcing and defending state laws. Some states have attorneys in the AG’s office whose job is focused on enforcing state wage and hour laws. [69]

 

 

 

Bibliography    


  1.  
  2.  

 

Footnotes

  1. WinningWageJustice pg 27 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  2. Seattle Wage theft Ordinance http://clerk.seattle.gov/~scripts/nph-brs.exe?d=ORDF&s1=123596.ordn.&Sect6=HITOFF&l=20&p=1&u=/~public/cbory.htm&r=1&f=G
  3. Cracking Down on Wage Theft pg 8 http://www.progressivestates.org/news/blog/new-psn-report-surveys-state-wage-theft-laws-highlights-new-york-national-leader
  4. Cracking down on Wage Theft Pg 8 http://www.progressivestates.org/news/blog/new-psn-report-surveys-state-wage-theft-laws-highlights-new-york-national-leader
  5. Cracking down on Wage Theft Pg 8 http://www.progressivestates.org/news/blog/new-psn-report-surveys-state-wage-theft-laws-highlights-new-york-national-leader
  6. WinningWageJustice Pg 20 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  7. WinningWageTheft pg 36 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  8. WinningWageTheft pg 30 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  9. WinningWageJustice pg 45 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  10. WinningWageJustice Pg. 54 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  11. WinningWageJustice Pg 95 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  12. WinningWageJustice Pg 95 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  13. Chicago City Ordinance http://chicagocouncilmatic.org/legislation/1156327
  14. http://www.ojjpac.org/Hightstown-NJ-Sanctuary-Resolution.asp
  15. http://immigrationimpact.com/tag/california-trust-act/
  16. Cracking Down on Wage Theft Pg 8 http://www.progressivestates.org/news/blog/new-psn-report-surveys-state-wage-theft-laws-highlights-new-york-national-leader
  17. WinningWageJustice Pg 58 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  18. WinningWageJustice Pg 59 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  19. WinningWageJustice Pg 62 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  20. Cracking Down on Wage Theft Pg 8 http://www.progressivestates.org/news/blog/new-psn-report-surveys-state-wage-theft-laws-highlights-new-york-national-leader
  21. WinningWageJustice Pg 33 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  22. WinningWageJustice Pg 59 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  23. WinningWageJustice Pg 59 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  24. WinningWageJustice Pg 59 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  25. WinningWageJustice Pg 48 to 49 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  26. http://www.legalaidpbc.org/press_wagetheft.php
  27. Cracking Down on Wage Theft Pg 6 http://www.progressivestates.org/news/blog/new-psn-report-surveys-state-wage-theft-laws-highlights-new-york-national-leader
  28. information on how payroll cards work http://dealbook.nytimes.com/2013/07/11/16-senators-seek-inquiry-of-a-t-m-style-pay-cards/
  29. WinningWageJustice Pg 95 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  30. WinningWageJustice Pg 103 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  31. WinningWageJustice Pg 103 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  32. WinningWageJustice Pg 105 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  33. WinningWageJustice Pg 109 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  34. WinningWageJustice Pg 110 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  35. WinningWageJustice Pg 65 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  36. WinningWageJustice Pg 66 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  37. WinningWageJustice Pg 52 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  38. WinningWageJustice Pg 78 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  39. WinningWageJustice http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  40. WinningWageJustice Pg 75 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  41. WinningWageJustice Pg 75 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  42. WinningWageJustice Pg 88-89 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  43. WinningWageJustice Pg 94 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  44. WinningWageJustice Pg 94 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  45. WinningWageJustice Pg 97 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  46. http://www.njleg.state.nj.us/2012/Bills/A1500/1094_I1.HTM
  47. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  48. See reference 1
  49. Wage Theft in Iowa pg 1 http://www.iowapolicyproject.org/2012docs/120827-wagetheft.pdf
  50. Wage theft in Iowa pg 1 http://www.iowapolicyproject.org/2012docs/120827-wagetheft.pdf
  51. Wage Theft in Iowa Pg 2 http://www.iowapolicyproject.org/2012docs/120827-wagetheft.pdf
  52. Wage Theft in Iowa Pg 2 http://www.iowapolicyproject.org/2012docs/120827-wagetheft.pdf
  53. Wage Theft in Iowa Pg 2 http://www.iowapolicyproject.org/2012docs/120827-wagetheft.pdf
  54. Wage Theft in Iowa Pg 2 http://www.iowapolicyproject.org/2012docs/120827-wagetheft.pdf
  55. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  56. WinningWageTheft pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  57. WinningWageTheft pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  58. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  59. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  60. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  61. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  62. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  63. WinningWageJustice pg 11 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  64. New Jersey Courts website Small clams fact sheet http://www.judiciary.state.nj.us/civil/civ-02.htm
  65. Foster City, city codes http://www.fostercity.org/city_hall/codes/Ordinance-Explanation.cfm
  66. City of San Diego online government info http://www.sandiego.gov/city-clerk/officialdocs/legaldocs/ccresos.shtml
  67. WinningWageJustice pg 10 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  68. WinningWageJustice pg 10 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1
  69. WinningWageJustice pg 10 http://www.nelp.org/page/-/Justice/2011/WinningWageJustice2011.pdf?nocdn=1

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