Grand Theft Paycheck: The Large Corporations Shortchanging Their Workers’ Wages

by Philip Mattera with a chapter on policy recommendations by Adam Shah
June 2018

New research finds that a wide range of big corporations have been shortchanging the people who work for them Washington, DC-A new report finds that many large corporations operating in the United States have boosted their profits by forcing employees to work off the clock, cheating them out of required overtime pay and engaging in similar practices that together are known as wage theft.

The detailed analysis of federal and state court records shows that these corporations have paid out billions of dollars to resolve wage theft lawsuits brought by workers. Walmart, which has long been associated with such practices, has paid the most, but the list of the most-penalized employers also includes Bank of America, Wells Fargo and other large banks and insurance companies as well as major technology and healthcare corporations. Many of the large corporations are repeat offenders, and 450 firms have each paid out $1 million or more in settlements and/or judgments.

These are among the findings in Grand Theft Paycheck: The Large Corporations Shortchanging Their Workers’ Wages published today by the Corporate Research Project of Good Jobs First and Jobs With Justice Education Fund. It is available at www.goodjobsfirst.org/wagetheft

“Our findings make it clear that wage theft goes far beyond sweatshops, fast-food outlets and retailers. It is built into the business model of a substantial portion of Corporate America,” said Good Jobs First Research Director Philip Mattera, the lead author of the report.

(Read More – Press Release)

(PDF Copy of Full Report)

(Read More)

High-Road Development: Building Prosperity for Workers and the District

By Brittany Alston * July 2, 2018
Economic Development / Jobs & Training

Executive Summary
Over the past twenty years, the District has seen dramatic economic and population growth, including a development boom that has transformed the city’s skyline, remade neighborhoods, and changed the city’s employment landscape. These changes have led to prosperity for some, but that prosperity has not been shared with DC’s low-wage workers. District leaders should seize on DC’s growth as an opportunity to encourage “high-road development,” pairing development with high-quality jobs in ways that will support workers, residents, and high-quality development projects.

By taking a high-road economic development approach-in which developers partner with unions, invest in workers, and provide quality employment opportunities to residents-the District can ensure that the city’s ongoing growth provides benefits to DC residents and workers. Unfortunately, District leaders have missed many opportunities to practice high-road development. In projects such as the Wharf and Union Market, the city has sweetened development deals with large subsidy packages, without setting job quality standards for District workers – subsidizing low-wage, low-quality employment that makes it hard for workers to make ends meet in a city where the cost of living keeps going up.

High-road development is associated with higher wages and benefits, reduced incidents of wage theft, and boosts to the local economy when workers spend their additional earnings. High-road development also helps ensure that projects are completed in a timely way and with high quality.

Looking to other jurisdictions that have taken a high-road approach can equip the District with tools to adopt high-road development. By enforcing existing labor laws, attaching job creation and quality standards to all economic development policies, and penalizing subsidy recipients if they fail to meet job quality requirements, policymakers can ensure that the District is taking the high road when it comes to economic development.

A “High-Road” Approach Could Make DC Development Work for Workers and Residents

High-road economic development seeks to create an environment where both public and private entities value a diverse and skilled workforce, seeing the workforce as a profitable asset that must be sustained and invested in over time. High-road economic development ensures that public dollars result in public benefits and economic growth-this includes a high quality of life for residents and effective and transparent governance.

During the decision-making process, developers can factor these benefits into a robust impact analysis to see the benefits of hiring union workers and paying living wages. For example, The AFL-CIO Building Investment Trust, a bank collective trust and trustee of PNC bank, invests in commercial real estate using union pension funds and relies solely on organized labor when building. Their investments created a portfolio with approximately $5 billion in net assets and 78 million hours in union construction work and created thousands of unionized operation jobs, with properties in the District and nationwide. For the AFL- CIO Building Investment Trust, high-road development remains a profitable financial proposition, as they continue to invest in union projects.

UNIONIZATION IS A CRUCIAL COMPONENT TO HIGH-ROAD DEVELOPMENT

An essential component of high-road development is collaboration with labor unions. Many high-road developments start with project labor agreements-agreements between the building trades and project developers that govern the conditions of employment for the project and create project management efficiencies-during the project’s construction phase. Once the construction is complete, employees of the businesses located at the development site may want union representation as well.

(Read More)

The cost of construction and the state’s prevailing wage (NY)

By JEFF COLTIN
JUNE 4, 2018

Anybody who has seen Gov. Andrew Cuomo give a speech in the past few years knows that New York is in the midst of a building boom.

There are marquee projects like the Gov. Mario M. Cuomo Bridge over the Hudson River or the renovation of LaGuardia Airport in Queens, and there are smaller projects like street enhancements in downtown Watkins Glen or a proposed Metro-North station at Woodbury Common Premium Outlets.

These projects are mostly publicly financed and built by private contractors – and in the midst of this building boom, some state legislators are hoping to clarify what those contractors should be paid.

The state constitution says that construction workers on state-financed projects should be paid the prevailing wage – a set rate of pay and benefits. Prevailing wage rates are maintained by the state Labor Department and vary by location and job. For example, a structural ironworker in Albany County would make $30.50 an hour plus some $27 an hour in supplemental benefits on a public project, while one in New York City would make nearly $52 an hour, plus more than $70 an hour in supplemental benefits. It’s meant to prevent contractors from undercutting wages, and to ensure workers on public projects are getting paid fairly.

A bill is being considered that would expand the number of construction projects subject to the state’s prevailing wage rates. In practice, the bill is meant to clarify the definition of “public work,” legislating that even largely private projects that receive tax breaks or other government subsidies are still required to pay a prevailing wage to workers. The bill’s sponsors say that judicial rulings have caused loopholes that allow contractors to not pay full wages.

Advocates for workers say the state is paying for poor working conditions. “Too often in construction, we see a race to the bottom where unscrupulous contractors are receiving taxpayer dollars to subsidize development with little to no standards in place for the workers on these projects,” said Patrick Purcell, executive director of the Greater New York Laborers-Employers Cooperation and Education Trust, in a press release supporting the legislation.

(Read More)

See Related Article: New York State Prevailing Wage Law: Defining Public Work,

Fred B. Kotler, J.D., Cornell University ILR School (March 2018)

Many DC projects don’t comply with local hiring mandate (DC)

Kim Slowey
PUBLISHED July 2, 2018

Dive Brief:

An April audit of Washington, D.C.’s First Source mandate, which requires local workers be given employment preference for construction projects receiving taxpayer assistance, revealed that contractors and developers are not meeting the program guidelines and that the Department of Employment Services (DOES) is doing relatively little to make sure companies are in compliance, according to The Washington Times. Companies building qualifying projects of $300,000 to $5 million must hire 51% local residents, and those in charge of projects valued at more than $5 million must meet a higher percentage in several categories.

Lawrence Perry, deputy auditor for the Office of the D.C. Auditor, testified before the District council’s Committee on Labor and Workforce Development on June 21 and told the committee members that the agency in charge of enforcing the First Source program was insufficiently monitoring qualifying companies to make sure they entered into a First Source agreement; lacked written policies and procedures necessary to monitor and judge the success of First Source and did not have written guidelines for enforcement and imposition of fines, with only one financial penalty being issued in the history of the program. The auditor’s report also called attention to the fact that companies are allowed to self-report project data with little or no verification by the DOES.

Construction industry groups have said the program paperwork is too burdensome. They also said there is a shortage of skilled workers and that the lack of affordable housing is forcing the First Source-qualified employees that once lived in the District to the suburbs, shrinking the pool of craft workers even more. One council member said developers and contractors consider the possibility of a low fine just another cost of doing business.

Dive Insight:

Other local governments have no problem enforcing local hiring mandates and levying large fines against contractors that miss the mark.

Detroit fined contractors working on the $868 million Little Caesars Arena, now home to the NHL’s Red Wings hockey team and the NBA’s Detroit Pistons, a total of $5.2 million for not meeting the city’s 51% local-hire goals. The Michigan city said that, of the project’s three million man-hours, Detroit residents worked only 25%.

(Read More)

As Colorado construction industry makes plans to hire 30,000, Denver is using its leverage to add local-hiring rules on projects (CO)

National Western Center’s $275 million site-prep contract is first to require outreach to lower-income areas

By JON MURRAY
PUBLISHED: June 25, 2018 at 7:00 am

The Denver metro area’s construction boom is about to intensify as upward of $4 billion in big projects get underway in the city, requiring a lot of hiring to fill jobs on building sites.

And for the first time, local leaders have used the city’s leverage on a large public contract to make sure residents of disadvantaged neighborhoods share in the thousands of new jobs. The City Council on June 11 approved a $275 million site-preparation contract – the first nine-figure deal for the National Western Center project – that requires Hensel Phelps Construction and its subcontractors to recruit heavily from the city’s six most economically disadvantaged ZIP codes, largely southwest and northeast of downtown.

For now, the requirements in the pilot program stop short of setting local-hiring quotas or even targets, and it’s considered a bit of a dry run.

But if the initiative is successful at training residents and placing them in project jobs, it could portend more aggressive steps by the City Council and Mayor Michael Hancock’s administration to extract local job benefits on some upcoming projects.

Construction is an industry flush with opportunity in coming years, both for entry-level jobs and those that require light training or apprenticeship programs, from masons to electricians to pipefitters. Starting wages for many jobs begin at $13 or higher.

The state’s industry employs about 175,000 workers, according to the Associated General Contractors of Colorado, and that’s slightly more than the pre-Great Recession peak in 2007. But a Colorado State University study has projected the industry will need to fill 14,000 more positions in the next five years, a figure that equates to hiring 30,000 new workers, once baby boomers’ retirements and other attrition are factored in.

(Read More)

Gary Frueh: Need for prevailing wage

POSTED ON JULY 1, 2018
Gary Frueh – Guest Columnist

There is a lot of discussion lately on prevailing wage. It is important to understand more about prevailing wage. Wages are set for areas according to living standards. You wouldn’t want to pay construction wages based on New York City or Los Angeles in Lima, Ohio. Many different entities do this, including health care providers. It just sets wages prevalent to an area.

Does prevailing wage, tend to raise wages some? It sets standards for an area. Training programs that assure work being done is both accurate and efficient under prevailing wage. Otherwise, it becomes an item to undercut the bidding process.

Let’s get to the heart of the issue. To say work done is better or worse under prevailing wage needs background.

A past study out of the University of Utah prepared for the Kansas State Senate Labor and Industries Committee stated these facts when prevailing wage was removed in Kansas:

* Wage incomes in Kansas construction fell 10%. Employer pension and health insurance contributions fell 17%

* Construction workers covered by collective bargaining in Kansas received health insurance and employer contributions, only 10% of workers in open shop received pension and only 4% received health insurance from their employer.

* Apprenticeship training in Kansas construction fell 38% after repel. Minority apprenticeships fell by 54%.

* Serious injury rates in Kansas construction rose by 21%

* The projected gain from repel a 6% to 17 % savings on state construction costs failed to materialize.

Why does prevailing wage make sense. It establishes a wage scale that is harder to manipulate and consistent with living costs of an area. Think of it this way. All our State Legislators are paid a specific wage. While the cost of living in Cleveland is much higher than Lima the legislator is paid the same. The taxpayer is bearing the burden of paying one too much or one not enough. In any case a prevailing wage scenario might fit their circumstance very well.

There are good reasons to keep prevailing wage laws in protecting the consumer, taxpayers and the communities from bearing the burden of increasing taxes on its residents to make up for losses incurred as past factual studies on prevailing wage have shown.

(Read More)

Opinion: Michigan’s prevailing wage repeal will hurt workers

Sean McGarvey and Doug Maibach
June 30, 2018

Michigan’s Mackinac Center for Public Policy keeps promoting the Michigan Legislature’s repeal of prevailing wage protections without considering the latest facts. One of Mackinac’s recent articles calls on the federal government to take a cue from Michigan and advance an effort to repeal federal prevailing wage protections.

Prioritizing ideology over evidence, it doesn’t cite the most advanced economic research on prevailing wage laws, fails to include industry experts, and, even worse, ignores the accounts of construction workers, the building trades unions and high-road contractors who readily pay prevailing wages – the people most impacted by the Legislature’s decision.
If Mackinac had done its research, it would find that there is no statistical relationship between prevailing wage laws and contract costs. In any industry, an employer can reduce labor costs by reducing turnover and using competitive, fair wages to attract and retain the industry’s most productive workers.

Mackinac claims that cutting “inflated wages” for blue-collar construction workers saves taxpayer dollars or lowers costs on a given project, but this obscures the fact that the money will simply be absorbed by other white-collar participants in that same construction project – whether it be the architect, engineer, Wall Street financiers, insurance carriers or project suppliers. Interestingly, these other participants’ wages are never accused of being unfair or inflated.

Construction labor accounts for about 20 percent of a typical project’s overall cost, and Mackinac says the repeal will cut project costs by 15-20 percent. So, following Mackinac’s logic, the construction workforce would work for nothing.

Without prevailing wage protections, responsible contractors must increasingly compete against “low road” contractors who frequently fail to invest in meaningful training and do not offer health and retirement benefits for their workers. The reckless market this creates diminishes incentive, in the form of investments in wages, benefits and training, for both the building of human capital in the construction industry and the retention of human capital over the long run.

Ultimately, this leads to the erosion of community wage and benefit standards, shoddy work and unsafe work sites, and less young people, women, communities of color and veterans joining the skilled trades.

(Read More)

GOV. HICKENLOOPER SIGNS EXECUTIVE ORDER TO IMPROVE PAYROLL AND WORKER CLASSIFICATION IN CO CONSTRUCTION INDUSTRY (CO)

Office of the Governor
June 5, 2018

DENVER – Wednesday, June 6, 2018 – Gov. John Hickenlooper has signed an executive order creating a joint task force including employer and employee groups to better address payroll and worker misclassification in Colorado’s construction industry.

Misclassification of employees as independent contractors and other labor law violations disadvantage both law-abiding construction contractors and construction workers in Colorado. Some labor brokers within Colorado’s construction industry have been found to have purposefully misclassified workers to avoid paying unemployment premiums and payroll taxes.

“Law-abiding companies and workers are being undercut by those who skirt the law in Colorado,” said Governor John Hickenlooper. “This task force will bring all parties together to find the right solutions to root out any illegal labor activity in our state.”

“Payroll fraud in the construction industry hurts workers and honest businesses,” said Randy Thornhill, Executive Secretary-Treasurer, Southwest Regional Council of Carpenters. “The first step in tackling this issue is evaluating current enforcement practices. With this executive order, the governor’s commitment to building a better economy is clear. His leadership on these issues will lead to a cleaner industry and safer workplaces.”

The Joint Enforcement Task Force on Payroll Fraud and Employee Misclassification in the Construction Industry will coordinate with relevant state agencies to share information and streamline investigations around alleged misclassification of workers. The task force also will coordinate with business, labor and community groups.

“We are going to hit the ground running to convene key stakeholders in order to ensure across the board compliance with Colorado’s labor and employment laws, particularly in the commercial construction industry,” said Sam Walker, executive director of the Colorado Department of Employment and Labor. “Consistent and effective enforcement of our laws and regulations is a win-win for law-abiding companies and their workers. By collaborating with the other state agencies on this task force, as well as with workers and contractors within the industry, I know we’ll be able to identify areas for improvement so that our State’s labor and employment protections work as they should throughout Colorado’s booming construction sector.”

(Read More)

New Jersey Passes Laws on Sick Leave and Pay Equity; Will Tackle Worker Misclassification (NJ)

The National Law Review
Wednesday, May 9, 2018

A little more than 100 days into his tenure, New Jersey Governor Phil Murphy has made it clear that employment is one of his top priorities. In the past two weeks, Gov. Murphy has signed a Paid Sick Leave and an Equal Pay bill into law and established a Task Force on Employee Misclassification.

Paid Sick Leave

The New Jersey Paid Sick Leave Act was signed into law on May 2, 2018, and takes effect on October 29, 2018. It will require New Jersey employers of all sizes to offer their employees one hour of sick leave for every 30 hours worked.

Task Force on Employee Misclassification

On May 3, 2018, Gov. Murphy signed an executive order establishing a Task Force on Employee Misclassification. Misclassification is when workers are incorrectly labeled as independent contractors rather than employees. Workers who are incorrectly classified frequently are not provided benefits and other protections available to employees, such as minimum wage, overtime compensation, family and medical leave, unemployment insurance, and workers’ compensation.

The New Jersey Task Force will be charged with a number of responsibilities to combat employee misclassification, including:

  • Examining and evaluating existing misclassification enforcement by executive departments and agencies
  • Developing best practices by departments and agencies to increase coordination of information and efficient enforcement
  • Developing recommendations to foster compliance with the law, including by educating employers, workers, and the public about misclassification
  • Conducting a review of existing law and applicable procedures related to misclassification

(Read More)

Delaware legislature strikes down county-by-county Right to Work efforts (DE)

Delaware House passes bill stalling the state’s anti-labor movement

(PR NewsChannel) / June 26, 2018 / DOVER, Del.

Last week, Delaware legislators passed a pivotal bill stopping the state GOP’s Right to Work movement in its tracks.

Approved by a vote of 25-13 along party lines, the Delaware House voted to guarantee the right of private employers to enter into labor deals that require their employees to join a union. The bill effectively blocks the GOP effort to pass the controversial legislation on a county-by-county or town-by-town basis.

“The Governor strongly believes that one of the best ways to stand up for Delaware’s workers is to protect their right to organize, earn a good living and support their families,” said Jon Starkey, spokesman for Gov. John Carney.

Labor supporters agree, citing the number of states suffering under Right to Work as reason why legislators in Delaware made the right decision.

“Implementing Right to Work is attempting to put out a fire with gasoline,” said Richard Dalton, business manager for the International Union of Operating Engineers (IUOE) Local 18 in Ohio. “Business owners will prosper while workers remain unchanged, possibly even worse off than before.”

Studies conducted over the last decade have repeatedly shown Right to Work to have little impact on a state’s economy.

In 2011, the Economic Policy Institute (EPI) conducted a multi-part study. Their first major finding was that, on average, full-time workers in Right to Work states earned 3.1% less than those in unionized states. That same year, New Hampshire and Indiana’s legislature considered implementing a new law. Indiana passed Right to Work while New Hampshire didn’t receive enough support. Although New Hampshire’s economy was stronger from the start, Right to Work did nothing to close the performance gap with Indiana.

A study in 2017 expanded upon EPI’s research to find that Right to Work harms job growth and union performance as well.

(Read More)