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Editorial: Wages are low enough (IN)

Posted by National Alliance for Fair Contracting on

Kokomo Tribune
Oct 13, 2019

Many of us are earning what we made last year, maybe even the year before that.

By many measures the economy is improving: the unemployment rate continues to edge down to historic levels while job growth is up. But one stubborn indicator of recovery remains stagnant: Wages in the U.S. have been low and relatively flat since 2009.

Workers’ share of corporate income has plummeted dismally in the past 25 years, according to the Economic Policy Institute, a nonprofit, nonpartisan think tank dedicated to economic policy discussions. The Great Recession, from 2007 through 2012, put significant downward pressure on pay.

Yet in 2015, the Indiana Legislature ended the common construction wage. The Republican-led initiative did away with a state law setting the minimum wage that contractors working on public projects must pay.

Supporters suggested the local boards that determine the wage were artificially inflating wages and said elimination of the provision would lower project costs and save taxpayer money.

A study released only last year indicates the opposite is true.

A Midwest Economic Policy Institute study released in January 2018 said repeal of the prevailing-wage law in Indiana “has failed to produce any taxpayer savings on school construction projects and has had a negative effect on wages, job growth, productivity and other economic and industry indicators.”

The study, which included the work of Colorado State University-Pueblo economics professor Kevin Duncan, found:

* An 8.5% drop in wages in blue-collar construction jobs.

* A 15.1% drop in wages for the lowest-paid construction workers.

* A 5.3% slower rate of productivity compared to neighboring Midwest states with prevailing wage laws.

* A 1.5% slower rate of job growth in public works than neighboring Midwest states.

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Ending payday pilferage (NJ)

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New Jersey strengthens its wage-theft laws

By: Daniel J. Munoz
August 19, 2019 12:01 am

Less than a day after Acting Gov. Sheila Oliver signed a measure ramping up penalties for violations of the state’s wage theft law, state regulators announced they hit an employer with a $20,000 fine for allegedly engaging in that very practice. …

Janice Fine, an associate professor who heads the Center for Innovation in Worker Organization at the Rutgers School of Management and Labor Relations, said that such a quick turnaround will shock employers engaged in the same practices and that they need to start paying workers what they are actually owed.

“If you name and shame it works,” Fine said.

Wage theft happens when an employer does not pay workers what they are owed; it can happen in service industries, blue collar sectors and office environments, Fine said. Theft can take a variety of forms: refusing to pay workers at all or refusing to pay for hours worked; refusing to pay standard hourly or overtime minimum wage rates, or refusing to pay for time out of regular shifts or “off the clock.” Employees might be given checks that bounce, have illegal deductions taken from their paycheck or deductions for meals and other breaks they did not actually receive.

At least $2 billion in stolen wages were recovered nationwide between 2015 and 2016, according to a 2017 study by the Economic Policy Institute.

The newly enacted New Jersey measure increases fines for wage theft to between $500 and $1,000 and provides for prison sentences of between 10 and 90 days for a first offense. Fines would climb to between $1,000 and $2,000 for a second offense, and imprisonment for up to 100 days. Habitual offenders could face up to five years in prison and fines of $15,000.

To force the hands of employers found guilty of wage theft, the state labor commissioner can revoke an employer’s license – effectively shutting down the business – until the correct wages are paid.

Employees can seek recovery of up to six years of stolen wages, or up to 200 percent of their stolen wages – capped at $50,000 – if business owners are found to have retaliated against workers for reporting the thefts. Proponents of the anti-retaliatory measures argue they are necessary to prevent employers from forcing workers to keep quiet about wage theft.

“Today we want to send a message to employers, the bad employers, that in New Jersey we are not going to tolerate the exploitation of any worker,” Oliver said at an Aug. 6 bill-signing ceremony in Elizabeth.

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Public-works projects must pay prevailing wages (NY)

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OP-ED By John R. Durso
Posted May 23, 2019

Few public policies do more to build strong communities across our region than New York’s prevailing-wage law for public-works projects. It is a job-creating economic engine that puts members of our local communities to work and creates local wealth, revenue and investment. However, this useful public law has been undermined because the definition of public works has been blurred by the amalgamation of public and private financing. A bill passed in the State Assembly and awaiting action by the Senate would require that all Industrial Development Agency-funded projects pay prevailing wages, and would help to ensure that our tax dollars are creating careers with fair wages and benefits for Long Islanders who want to build lives here.

Gov. Andrew Cuomo offered a proposal in his Executive Budget to restore the application of prevailing wages to projects receiving public dollars. New York state was on the verge of restoring these protections as originally outlined by statute in 1897, and enshrined in the state Constitution in 1938, but unfortunately, this policy priority fell off the table.

Opponents of restoring prevailing-wage protections assume that higher construction wages directly correlate to higher project costs. This just isn’t true. The best-case scenario is they are drawing this conclusion based on flawed studies, and at worst they are deliberately misleading communities and elected officials to frame the public discourse for their own profit.

According to a state-funded study by Professor Fred B. Kotler of Cornell University, that conclusion is “simplistic and inaccurate.” It fails to account for the fact that labor costs are a small percentage of total project costs, and ignores the fact that higher-paid workers are often higher-skilled workers who find efficiencies and make fewer errors, resulting in fewer expensive change orders. “Construction workers’ wages should be factored into the overall value of the state’s investment in economic development projects,” Kotler wrote. “The prevailing wage law is itself an economic stimulus and can reasonably be considered as part of a broader economic development strategy for the state.”

According to the Economic Policy Institute, for every $1 spent under prevailing-rate laws, $1.50 is generated for our local economies. When workers earn more, they are able to spend more. Wage protections promote a more localized workforce, ensuring that Long Island residents benefit from our economic development investments. It is clear that holding public construction projects to prevailing rate standards brings wealth into communities. This, in turn, creates the virtuous cycle of local consumption and revenue for public services.

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John R. Durso is president of the Long Island Federation of Labor, representing 250,000 members of 160 AFL-CIO local unions, and president of Local 338 RWDSU/UFCW, which represents 15,000 working men and women in the retail and health care industries.

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Hail the Prevailing Wage!

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A prevailing wage has come under attack from advocates looking for something cheaper. And it’s shameful!

BY GARY LABARBERA
MARCH 8, 2018 1:54 PM

This is New York. We don’t do “race to the bottom” here.

We don’t invite in bottom-fishers and corner-cutters to build our buildings. And we don’t scapegoat workers.

That’s because we need the best. So we build the best.

As a Commercial Observer reader, the same goes for you, too.

You don’t “race to the bottom” when it comes to staffing up your brokerage, your development company, or your investment firm.

Yet in the world of public-sector construction, prevailing wage laws have again come under attack from advocates of bottom fishing.

But prevailing wage laws are not just good for construction workers and the agencies undertaking public projects. These laws are also good for all New Yorkers.
For more than a century, New York State has maintained an important and progressive social compact: fair wages for fair work. The pay of workers engaged in public projects must align with local prevailing wage and benefit levels. Hard-working New Yorkers thus have access to good-paying jobs and proper protection from unsafe working conditions.
And with the State’s FY 2018 capital budget exceeding $14 billion, it’s critical to shake off faulty assumptions-and recognize that prevailing wage requirements also save taxpayers money.

New data now show how these rules ensure effective cost management on public projects.

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Gary LaBarbera is the president of the Building & Construction Trades Council of Greater New York.

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DeLauro Introduces Bill to Stop Wage Theft, Boost Workers’ Financial Security

Posted by National Alliance for Fair Contracting on

August 7, 2017
Press Release

WASHINGTON, DC (August 7, 2017) – Congresswoman Rosa DeLauro (CT-03), along with U.S. Senators Patty Murray (D-WA), Sherrod Brown (D-OH), and Al Franken (D-MN), and Congressman Bobby Scott (VA-03), introduced the Wage Theft Prevention and Wage Recovery Act to crack down on employers who unfairly withhold wages from their employees. This bill would give workers the right to receive full compensation for all of the work they perform, as well as the right to receive regular paystubs and final paychecks in a timely manner. It would also provide workers with improved tools to recover their stolen wages in court and make assistance available to build community partnerships that enhance the enforcement of and improve compliance with wage and hour laws.

“The biggest economic challenge facing our country is that too many people are in jobs that do not pay them enough to live on. Across the country, some workers are putting in long hours and working for an honest day’s pay, only to have their employers cheat them out of their hard-earned wages. Wage theft is inexcusable and unconscionable, and our federal laws should hold employers who violate their employee’s right accountable,” said Congresswoman DeLauro. “The Wage Theft Prevention and Wage Recovery Act is comprehensive legislation that will strengthen current federal law and empower employees to recover their lost wages. Whether it is compensation for a day’s work, or overtime, employees should be paid what they earn. This legislation not only protects workers, but it will help our economy grow.”

In May, the Economic Policy Institute published a new report finding that employers steal more than an estimated $15 billion from workers each year, with workers in low-wage industries at the greatest risk. A National Employment Law Project 2008 survey of 4,387 low-wage workers in New York, Los Angeles, and Chicago found that low-wage workers experienced a range of wage and hour violations, with women, immigrants and minorities being disproportionately affected. Common examples of wage theft include forcing workers to work off the clock, refusing to pay the minimum wage, denying overtime pay to workers even after they work more than 40 hours a week, stealing workers’ tips, or knowingly misclassifying workers to avoid paying fair wages.

(Read More)

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Trump Repeals Regulation Protecting Workers From Wage Theft

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The regulation was meant to ensure that shady employers don’t benefit from taxpayer dollars.

 

By Dave Jamieson
POLITICS | 03/27/2017

WASHINGTON – Companies that commit wage theft and put their workers in harm’s way just received a favor from the Trump administration.

President Donald Trump signed a bill Monday repealing a regulation that had encouraged federal contractors to follow labor laws. Under the Obama-era rule, companies with an egregious record of violating wage and safety laws would lose their government contracts if they didn’t come into compliance.

The idea behind the rule was to make sure unscrupulous employers didn’t receive taxpayer dollars. But Republicans in Congress thought the rule was too punitive and unfair to businesses. They used an arcane tool known as the Congressional Review Act in an effort to kill the regulation, which was called the Fair Pay and Safe Workplaces rule.

By approving the legislation sent to him by the Senate, Trump has ensured not only that the regulation will die, but also that no similar regulation can be put forth by the Labor Department again. Trump signed the legislation at a White House ceremony in front of the press.

“When President Trump has a chance to stand with workers, he chooses not to,” Heidi Shierholz, a labor policy expert at the left-leaning Economic Policy Institute, said in a statement. “By blocking this rule, the president and congressional Republicans will ensure that taxpayers will continue to support contractors with a history of wage theft and health and safety violations.”

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In this economy, Latinos are most frequent victims of wage theft

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October 27, 2016, 08:01 am
By Paco Fabián, contributor

Wage theft is epidemic and it hits Latino workers the hardest. A recent study by the Economic Policy Institute found that wage theft across America is costing workers $50 billion per year. Compare that to the robberies, burglaries, larcenies, and motor vehicle thefts in the FBI’s uniform crime report, which cost victims an estimated $14 billion over the same period, and you can see that calling wage theft an epidemic is no exaggeration.

Paying workers below the legal minimum wage, not paying for overtime hours worked, forcing workers to work off-the-clock or, for workers on federal contracts, not paying the proper wage rate for their occupation, are just some of the sleights-of -hand that employers engage in to cheat workers. Although all of these maneuvers are illegal, they are rarely punished.

In a survey conducted of three metropolitan areas with high Latino populations, the largest percentage of workers who suffer minimum wage and overtime law violations are Latinos. And amongst foreign-born Latino workers the problem is even worse.

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Electionomics: Fixing The Sham Of Misclassified Workers

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07/27/2016 01:07 pm ET
Julie Gutman Dickinson

What if millions of American workers were being denied health insurance, job security and the most basic legal protections, from overtime pay to workers compensation to the right to join a union? What if tens of billions of dollars in taxpayer revenues – money desperately needed to address everything from crumbling roads to education to health care – were never making it to local, state and federal treasuries? What if thousands of companies were violating the law with impunity?

That is exactly what is happening in the U.S. today, thanks to a rampant practice known as worker misclassification – illegally labeling workers as independent contractors when in fact they are employees under the law. In some cases it’s occurring in plain sight, in others it’s more hidden – but regardless of the circumstances, it is taking an enormous toll on the country.

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In a 2015 report, EPI described the advantages to employers of misclassifying workers. “Employers who misclassify avoid paying payroll taxes and workers’ compensation insurance, are not responsible for providing health insurance, and are able to bypass requirements of the Fair Labor Standards Act, as well as the 1986 Immigration Reform and Control Act.” If this weren’t enough, the report continues, “misclassified workers are ineligible for unemployment insurance, workers’ compensation, minimum wage, and overtime, and are forced to pay the full FICA tax and purchase their own health insurance.”

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