Enforcement Matters: Wage Violations, Workers and the Economy

by Secretary Tom Perez on December 4, 2014

If you work hard and play by the rules, then you should be able to earn enough to take care of yourself and your family – that’s a core American value. But for too many people, their hard work isn’t reflected in their paychecks. In many cases, workers aren’t being fully and properly paid for all the hours they put in on the job. The Labor Department recently commissioned a research study on minimum wage violations in two states that demonstrates exactly that. But we are committed to using our enforcement tools to ensure workers get the wages that are rightfully theirs.

Using U.S. Census and earnings data from New York and California, this new study shows that many workers are earning a de facto minimum wage below the legal floor. Unscrupulous employers push their workers into poverty when they fail to pay what the law requires.

In those states, roughly 3 to 6 percent of all workers covered by the Fair Labor Standards Act experience minimum wage violations – translating into a total of between $20 and $29 million in lost weekly income. That represents 40 percent or more of their total pay. Imagine if 40 cents out of every dollar you earned didn’t show up in your paycheck but in your employer’s pocket. For every hour of tough, on-your-feet work looking after children, cleaning homes, making hotel beds, preparing food in a restaurant or picking crops in a field, it’s possible you could be working 24 minutes for free. That’s just wrong.

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(USDOL Study)

New Misclassification Study Shows Impact in California

By Jim Kollaer on Wed, 10/15/2014 – 10:30am 

In a September 2014 study entitled Sinking Underground: The Growing Informal Economy in California Construction, misclassification of more than 39,800 construction workers is a key reason that the underground economy in construction is contributing to the low wages, difficulty in recruiting qualified craft workers and loss of wages and taxes in the State of California.

According to the study, released by the Economic Roundtable, a non profit research organization based in Los Angeles, in 2011 more than 143,900 construction jobs in the state were “informal” – code for off the books, misclassified as independent contractors or unreported by employers.

The study looked at wages and construction jobs from 1972 to 2012 and found that the number of construction workers that were unreported or misclassified increased by 400% during that period.

The study cites that, “Specialty trades, such as drywall, have the highest level of informality with over 25% employed informally in 2012.  Building Construction was next, with 20% estimated to be informal.”The major impact on the industry is that those construction companies in California who are “doing it right” have costs that are 30% higher that the “off the books and misclass” contractors.  Imagine what that disparity does to the bidding process.  The report cites several personal stories to illustrate its points.

ICR seeks $3.62 million from VVWRA

SHEA JOHNSON – STAFF WRITER 
Posted Nov. 13, 2014 @ 6:42 pm 

VICTORVILLE – The staffing agency co-owned by San Bernardino County 1st District Supervisor Robert Lovingood sought $3.62 million in damages from Victor Valley Wastewater Reclamation Authority this year, according to a claim obtained Thursday by the Daily Press.

In the claim dated Aug. 22, ICR Staffing Services alleged that VVWRA failed to pay prevailing wage to ICR’s contract workers between 2011 and 2013 and solicited ICR’s temporary employees to jump ship to a competing staffing agency. The claim was served Sept. 11.

“We obviously had a discussion with the claimants prior to the filing of the claim and responded,” VVWRA General Manager Logan Olds said Thursday. “The board took a look at it and the direction was to deny the claim.”

In a numbered format, the claim lists a series of alleged wrong-doings by VVWRA, which had utilized ICR workers between 2011 and 2013 for the Upper Narrows Pipeline project, but in May chose lower-bidding Hesperia-based iLink Business Management for future contract services.

In 2011, a two-year contract services agreement provided ICR employees a gross figure of roughly $260,000 per year. But since the project was subject to reimbursement from the Federal Emergency Management Agency, the contract should have been let as prevailing wage and “generated a gross annual billing in excess of $1.5 million,” the claim states.

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L.A. City Attorney sues city contractors over alleged wage theft

POSTED BY JOHN SCHREIBER ON 
NOVEMBER 13, 2014 

City Attorney Mike Feuer filed a lawsuit Thursday accusing city contractors involved in building a South Los Angeles animal care facility of shorting about 50 employees out of a quarter-million dollars in wages and attempting to hide their tracks.

The $9.6 million construction contract for the 68,000-square-foot South Los Angeles Animal Care Center project near Western Avenue and 60th Street was awarded in 2009 to Mackone Development Inc., which then delegated some of the work to five subcontractors.

The lawsuit seeks to have Mackone and its subcontractors pay their employees what they are allegedly owed, and also pursues penalties of $2,500 for each violation. City attorneys also want to bar the companies from seeking future city contracts.

“Stealing wages from hardworking men and women is reprehensible and it must end,” Feuer said. “No one – especially city contractors paid with taxpayer dollars – should fail to pay workers what they are rightly owed.”

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California cracks down on wage theft by employers

OCTOBER 23, 2014, 5:11 PM

State regulators are wielding a new tool to combat the intractable problem of employer wage theft, which costs workers an estimated $390 million a year.

The California controller, working with the state labor commissioner, is demanding restitution from suspected violators – and filing lawsuits, if necessary – under California’s Unclaimed Property Law.

“We’re using a 55-year-old statute to compel immediate payment from unscrupulous businesses that have fleeced their employees of earned wages for years,” state Controller John Chiang said at a news conference in Fresno on Thursday.

Chiang has ordered a pair of firms, identified in a pilot project, to transfer any wages that have gone unpaid for more than a year to the state treasury. Then, the controller’s office can look for the recipients and pay them their overdue money.

(Read More)

 

New Misclassification Study Shows Impact in California

By Jim Kollaer on Wed, 10/15/2014 – 10:30am 

In a September 2014 study entitled Sinking Underground: The Growing Informal Economy in California Construction, misclassification of more than 39,800 construction workers is a key reason that the underground economy in construction is contributing to the low wages, difficulty in recruiting qualified craft workers and loss of wages and taxes in the State of California.

According to the study, released by the Economic Roundtable, a non profit research organization based in Los Angeles, in 2011 more than 143,900 construction jobs in the state were “informal” – code for off the books, misclassified as independent contractors or unreported by employers.

The study looked at wages and construction jobs from 1972 to 2012 and found that the number of construction workers that were unreported or misclassified increased by 400% during that period.

The study cites that, “Specialty trades, such as drywall, have the highest level of informality with over 25% employed informally in 2012.  Building Construction was next, with 20% estimated to be informal.”

The major impact on the industry is that those construction companies in California who are “doing it right” have costs that are 30% higher that the “off the books and misclass” contractors.  Imagine what that disparity does to the bidding process.  The report cites several personal stories to illustrate its points.

(Read More)

(link to Economic Roundtable)

(link to pdf of Economic Roundtable study)

Jerry Brown signs subcontractor bill

BY DAVID SIDERS

dsiders@sacbee.com     September 28, 2014

In a major victory for California labor unions, Gov. Jerry Brown announced Sunday that he has signed legislation that will hold businesses liable when subcontractors violate wage, workplace safety or workers’ compensation rules.

The legislation was a priority of organized labor, and it was one of only two bills given the California Chamber of Commerce’s “job killer” label to make it to Brown’s desk this year.

“California workers received a much-needed measure of protection tonight with Gov. Brown’s signature on a landmark bill to curtail abuses of subcontracted workers,” Art Pulaski, executive secretary-treasurer of the California Labor Federation, said in a prepared statement.

He said the legislation “is a historic new law that holds corporations accountable when workers hired using labor contractors are cheated out of wages or forced to work in unsafe conditions. By holding corporations jointly liable with subcontractors and staffing agencies, the governor closed a loophole in the law that many big companies were using to violate the basic rights of workers with impunity.”

Ordinance sets higher wages for city projects: San Mateo officials adopt rules for public works while encouraging private developers to adopt similar policies

October 13, 2014, 05:00 AM – By Samantha Weigel – Daily Journal

As the cost of living rises along the Peninsula, those who work on San Mateo city public works projects will be guaranteed prevailing wages after the City Council approved an ordinance codifying existing policy and to adhere to state regulations.

To receive state funding, California’s newly enacted Labor Code section 1782 requires charter cites, such as San Mateo, to pay workers at least the state’s prevailing wage on public works projects, City Attorney Shawn Mason said.

The ordinance was approved last week but Councilman David Lim said the City Council has long strived to pay its employees prevailing wages and encourage private developers to do so as well.

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FORMER GENERAL CONTRACTOR SENTENCED TO TWO YEARS IN PRISON FOR DEFRAUDING EMPLOYEES BY TAKING $80,000 IN WAGES AND KEEPING MONEY FOR HIMSELF FROM PUBLIC WORKS CONTRACTS

Orange County District Attorney
Press Release

September 25, 2014

SANTA ANA – A former general contractor was convicted and sentenced today for defrauding his employees by taking their wages totaling over $80,000 in loss and keeping the money for himself from a state public works contract. Sourin Babayan, 65, Glendale, pleaded guilty to the court to 17 felony counts of taking and receiving a portion of a worker’s wage on public works project and six felony counts of dissuading a witness from prosecuting a crime. He was sentenced to two years in state prison and ordered to pay $80,200 in restitution.

At the time of the crime, Babayan worked as a sub-contractor and owned SDB Construction (SDB). DJM Construction (DJM), a general contractor who was awarded a project by the State of California, for the improvement of a state developmental hospital in Costa Mesa.

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Misclassification Robs Workers of Pay and Benefits, Hurts Honest Companies

News today on the misclassification of construction employees and recent court decisions in Oregon and California that FedEx’s employees are not independent contractors are reminders that misclassification of workers is rampant in this country and that misclassification hurts workers, honest companies, and government at every level.

“Companies have put more and more risk, responsibility, and cost on their employees-requiring employees to pay their own employment taxes, to do without worker’s comp coverage, to pay for their own uniforms, and to rent the tools they need to work,” said EPI’s Vice President Ross Eisenbrey, who has studied misclassification since the 1990’s. “Misclassification robs workers of fair pay and benefits, and contributes to an economy where wages are flat, profits are soaring, and CEOs and top brass get the lion’s share of pay increases. Meanwhile, the companies that do not arrange their business to avoid their employment responsibilities are disadvantaged. It’s not just bad labor practices, it is unfair competition.”

(Read More)