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More than $3 billion in stolen wages recovered for workers between 2017 and 2020

Posted by National Alliance for Fair Contracting on

Economic Policy Institute | December 22, 2021
Report by Ihna Mangundayao, Celine McNicholas, Margaret Poydock, and Ali Sait

Over the last four decades, the U.S. economy has been marked by extreme inequality, which has only been exacerbated by the COVID-19 pandemic. In the midst of this global pandemic and an economic crisis, the number of individuals with household weekly earnings below the poverty line rose to 65.1 million, a 28% increase from February to June 2020 (Saenz and Sherman 2020). In contrast, CEO pay rose by nearly 19% in 2020 (Mishel and Kandra 2021). This rise in poverty and pay inequality is compounded by wage theft, which robs millions of workers of billions of dollars from their paychecks each year (Cooper and Kroeger 2017).

What this report finds: Each year millions of workers across the country are victims of wage theft—meaning they are paid less than the full wages to which they are legally entitled. Between 2017 and 2020, more than $3 billion in stolen wages was recovered on behalf of workers by the U.S. Department of Labor, state departments of labor and attorneys general, and through class and collective action litigation.

Why it matters: This staggering amount represents just a small portion of wages stolen from workers across the country. And while wage theft impacts workers broadly, it disproportionately affects low-wage workers, many of whom already are struggling to make ends meet. Wage theft also disproportionately impacts women, people of color, and immigrant workers because they are more likely than other workers to be in low-wage jobs. Finally, these stolen wages hurt local economies and tax revenues.

What can be done about it: Increase funding for the Department of Labor’s Wage and Hour Division to boost institutional and investigative capacity; engage in proactive and strategic enforcement in those industries where violations are especially severe or rampant; enhance civil monetary penalties for wage and hour violations; protect worker rights to collective action, as union workers are less likely to experience wage theft because they have the bargaining power to establish mechanisms to combat the practice; and strengthen and boost funding for state and local enforcement.

Wage theft occurs any time employees do not receive wages to which they are legally entitled for their labor. This could take many forms, including paying workers less than the minimum wage, not paying overtime premiums to workers who work more than 40 hours a week, or asking employees to work “off the clock” before or after their shifts.

Even the theft of seemingly small amounts of time can have a large impact. Consider a full-time, minimum wage worker earning the federal minimum wage of $7.25 an hour who works just 15 minutes “off the clock” before and after their shift every day. That extra half-hour of unpaid work each day represents a loss to the worker (and a gain to the employer) of around $1,400 per year, including the overtime premiums they should have been paid. That’s nearly 10% of their annual earnings lost to their employer that can’t be used for utilities, groceries, rent, or other necessities.

Background and prior studies
While quantifying the true extent of wage theft can be a challenging undertaking—much of it goes unreported—existing reports and studies paint a clear picture: Wage theft is a costly and undeniably pervasive problem that affects millions of workers across the country.

Cooper and Kroeger (2017) investigated just one type of wage theft and found that in the 10 most populous states in the country, 17% of eligible low-wage workers reported being paid less than the minimum wage, amounting to 2.4 million workers losing $8 billion annually. Extrapolating from these 10 states, Cooper and Kroeger estimate that workers throughout the country lose $15 billion annually from minimum wage violations alone.

The personal cost of wage theft to these workers is significant: Cooper and Kroeger found that on average, the workers suffering from minimum wage violations in these 10 states were cheated out of $64 a week—about $3,300 annually for year-round workers. These workers lost almost one-quarter of their earnings, receiving on average only $10,500 in annual wages instead of the $13,800 they should have received.

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More than $3 billion in stolen wages recovered for workers between 2017 and 2020

Posted by National Alliance for Fair Contracting on

EPI Report By Ihna Mangundayao, Celine McNicholas, Margaret Poydock, and Ali Sait
December 22, 2021

Over the last four decades, the U.S. economy has been marked by extreme inequality, which has only been exacerbated by the COVID-19 pandemic. In the midst of this global pandemic and an economic crisis, the number of individuals with household weekly earnings below the poverty line rose to 65.1 million, a 28% increase from February to June 2020 (Saenz and Sherman 2020). In contrast, CEO pay rose by nearly 19% in 2020 (Mishel and Kandra 2021). This rise in poverty and pay inequality is compounded by wage theft, which robs millions of workers of billions of dollars from their paychecks each year (Cooper and Kroeger 2017).

What this report finds: Each year millions of workers across the country are victims of wage theft—meaning they are paid less than the full wages to which they are legally entitled. Between 2017 and 2020, more than $3 billion in stolen wages was recovered on behalf of workers by the U.S. Department of Labor, state departments of labor and attorneys general, and through class and collective action litigation.

Why it matters: This staggering amount represents just a small portion of wages stolen from workers across the country. And while wage theft impacts workers broadly, it disproportionately affects low-wage workers, many of whom already are struggling to make ends meet. Wage theft also disproportionately impacts women, people of color, and immigrant workers because they are more likely than other workers to be in low-wage jobs. Finally, these stolen wages hurt local economies and tax revenues.

What can be done about it: Increase funding for the Department of Labor’s Wage and Hour Division to boost institutional and investigative capacity; engage in proactive and strategic enforcement in those industries where violations are especially severe or rampant; enhance civil monetary penalties for wage and hour violations; protect worker rights to collective action, as union workers are less likely to experience wage theft because they have the bargaining power to establish mechanisms to combat the practice; and strengthen and boost funding for state and local enforcement.

Wage theft occurs any time employees do not receive wages to which they are legally entitled for their labor. This could take many forms, including paying workers less than the minimum wage, not paying overtime premiums to workers who work more than 40 hours a week, or asking employees to work “off the clock” before or after their shifts.

Even the theft of seemingly small amounts of time can have a large impact. Consider a full-time, minimum wage worker earning the federal minimum wage of $7.25 an hour who works just 15 minutes “off the clock” before and after their shift every day. That extra half-hour of unpaid work each day represents a loss to the worker (and a gain to the employer) of around $1,400 per year, including the overtime premiums they should have been paid. That’s nearly 10% of their annual earnings lost to their employer that can’t be used for utilities, groceries, rent, or other necessities.

(Read More)

(See Full PDF Copy of Report)

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Is Your Employer Stealing From You?

Posted by National Alliance for Fair Contracting on

Millions of workers lose billions in stolen wages every year-nearly as much as all other property theft.

By Michael Hill, Correspondent
November 8, 2019, 3PM EST

Since assuming office in Philadelphia last year, Larry Krasner has earned a national reputation as a radical new kind of district attorney. He’s pushed the sort of criminal justice reform that typically comes from activists or public defenders, like ordering prosecutors to stop pursuing criminal charges for marijuana possession, or directing them to no longer seek cash bail for low-level offenses. Last October, he took another bold step: He created a task force focused on crimes against workers.

One of the primary crimes this task force will focus on is wage theft. At the absolute simplest, wage theft is as it sounds-a worker doesn’t get fully paid for the work they’ve done. Often employers pull this off by paying for less than the number of hours worked, not paying for legally required overtime, or stealing tips. That’s money that workers are legally entitled to and that their bosses find some way of pocketing.

Wage theft isn’t one of the crimes most prosecutors and politicians refer to when they talk about getting “tough on crime,” but it represents a massive chunk of all theft committed in the U.S. A 2017 study by the Economic Policy Institute (EPI) found that in the ten most populous states, an estimated 2.4 million people lose a combined $8 billion in income every year to theft by their employers. That’s nearly half as much as all other property theft combined last year-$16.4 billion according to the FBI. And again, EPI’s findings are only for ten states. According to the institute, the typical worker victimized by minimum-wage violations is underpaid by $64 per week, totaling $3,300 per year. If its figures are representative of a national phenomenon, then EPI estimates that the yearly total for American wage theft is closer to $15 billion.

There are some overt ways that employers rob their workers, like taking money directly out of their paychecks, but wage theft can take more complicated and subtler forms. Deliberately mislabeling workers as independent contractors in order to avoid paying higher wages for the same responsibilities as regular employees, for example, or asking employees to work while off the clock, or denying meal breaks, all technically fall under wage theft. Amazon, for instance, is currently being sued for not paying its employees for the amount of time they spend going through lengthy security checkpoints when they arrive at and leave work. It’s hard to mount civil lawsuits against employers who violate minimum-wage laws, because typically the victims of these crimes don’t have the time or resources to fight for their lost wages. And last year’s Supreme Court decision in Epic Systems Corp. v. Lewis, which ruled that it’s legal to require employees to sign away their rights to join class-action lawsuits, makes going after employers for wage theft much more difficult.

As author Kim Bobo explains in her book Wage Theft in America, the people affected by wage theft are spread across a wide variety of industries, working in construction, nursing homes, garment factories, farms, poultry-processing plants, restaurants, landscaping, and more. But more professional workers are at risk, too, like nurses, pharmaceutical sales reps, and financial advisers. Freelancers are also especially susceptible. A 2018 report by Good Jobs First found that the overwhelming majority of companies caught committing wage theft are “the giant companies included in the Fortune 500, the Fortune Global 500 and the Forbes list of the largest privately held firms.” That includes Walmart, FedEx, Bank of America, Wells Fargo, JPMorgan Chase, and State Farm Insurance.

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Prevailing-wage bill would uplift construction workers of color (NY)

Posted by National Alliance for Fair Contracting on

April 30, 2019 12:00 AM
Barrie Smith

All construction workers in New York-union or nonunion, male or female, black or white-deserve the right to a fair wage for their hard work.

That’s why all New York construction workers critically need prevailing wage legislation. A loophole in the current definition of public works allows bad-actor contractors to receive millions in taxpayer subsidies for projects while paying workers poverty-level wages.

Despite the universal applicability of this legislation to construction workers, a misinformed narrative that prevailing-wage legislation would negatively impact people of color by favoring union labor somehow persists-often perpetuated by white, nonunion workers. This argument shows a fundamental misunderstanding of how to best serve the interest of people of color, a complete lack of knowledge regarding the increasingly positive role of the building trades in the effort for civil rights in New York, and, frankly, a rudimentary understanding of the bill itself.

Lack of diversity in the building trades is a thing of the past. The social justice community accepts this as fact. The truth is that today, people of color benefit from greater opportunity for higher wages and benefits, a lower racial wage gap and less wage discrimination than in nonunion construction.

The numbers clearly back this up. A 2017 report by the Economic Policy Institute, Diversity in the New York City Union and Nonunion Construction Sectors, showed that more than half of unionized construction workers are people of color. Black workers in particular have a 5% higher share of employment than in the nonunion sector.

And not only are there more jobs for people of color in unions, but the jobs are better. Black workers earn 36.1% more per hour than those in the nonunion sector. Hispanic workers earn $8 more per hour.

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Column: Payroll fraud robs workers of overtime pay and wages (MI)

Posted by National Alliance for Fair Contracting on

By Nate Shannon, Special to MediaNews Group
Apr 27, 201

Every year, unethical businesses are unfairly stealing from their own workers. These businesses misclassify their workers as “1099 Independent Contractors” to rob their workers of overtime pay. In Michigan, minimum wage workers have 27 percent of their wages stolen by their employers.

An analysis by the Economic Policy Institute estimates that Michigan workers were robbed of $429 million in stolen overtime wages between 2013 and 2015. More than 2.8 million Michigan workers were victims of this scam within that short timespan.

When workers are robbed of their wages, they’re more likely to end up in poverty. EPI estimates that one-third of cheated workers depend on public assistance programs to feed their families and pay the bills.

Recently, I joined my fellow legislators in introducing legislation to crack down on payroll and tax fraud to close any loopholes.

To tackle this crime, we must have enforcement with tougher penalties for businesses that take advantage of their employees.

An enforcement unit to investigate violations of wage and hourly laws has been proposed in Michigan by the Attorney General. This team will be made up of professionals from the AG’s office as well as, Michigan’s Occupational Safety and Health Administration, the state Department of Licensing and Regulatory Affairs, the Michigan State Police and other relevant departments. By bringing these departments together, we can better coordinate law enforcement activities and uphold fairness for our employees.

This is a critical piece of the puzzle to protect Michigan workers. I’m also joining my colleagues in co-sponsoring legislative proposals to address wage and overtime theft, by increasing punishments against lawbreakers. Additionally, we will be focusing on protecting those that speak out when they see these unfair practices in the workplace.

(Read More)

‘We value work:’ Richmond employers recognized for backing living wage

Posted by National Alliance for Fair Contracting on

POSTED 7:49 PM, MARCH 22, 2018, BY CAPITAL NEWS SERVICE

RICHMOND, Va. – Richmond community and business leaders gathered Thursday at the Washington Redskins’ training center to celebrate and discuss efforts to ensure a living wage for workers.

In a room overlooking snow-covered training fields, the introduction of the Richmond Living Wage Certification Program was mostly an hour of food and celebration for those present. Ten businesses and organizations – including Altria, the University of Richmond and the Better Housing Coalition – were recognized for going beyond the $7.25 minimum required by state and federal governments.

“Yes, jobs are important,” Richmond Mayor Levar Stoney told the gathering. “But jobs that are worked full-time and still leave those workers below the poverty line may help a corporate bottom line, but it will not help someone up from the bottom.”

The living wage program, a joint project of Richmond’s Office of Community Wealth Building and the Virginia Interfaith Center for Public Policy, is the first of its kind in the state. Reggie Gordon, director of the wealth building office, stressed the importance of ensuring that workers are compensated enough to lead a full life with economic stability.
“It’s not an overstatement to say that the people employed by the companies recognized today have a better chance to succeed in this community,” Gordon said.

The Richmond initiative uses calculations from institutions including MIT and the Economic Policy Institute to create a three-tier structure. The highest tier includes businesses that pay a minimum of at least $16 an hour (or $14.50 with health-care coverage). Six of the honorees met that “Gold Star” standard. Employers who have pledged to pay a living wage but aren’t able to yet were also acknowledged.

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Worker rights preemption in the US

Posted by National Alliance for Fair Contracting on

A map of the campaign to suppress worker rights in the states

The Economic Poilcy Institute (EPI) released a new map outlining the campaign to suppress workers rights. Click on the link below to visit EPIs website

Cities, counties, and other local governments are enacting policies that raise standards for working people, but state legislatures are lowering those standards back down with preemption – the use of state law to void local ordinances. Twenty-six states have preemption laws that target five key worker rights.


Two billion dollars in stolen wages were recovered for workers in 2015 and 2016-and that’s just a drop in the bucket

Posted by National Alliance for Fair Contracting on

EPI Report * By Celine McNicholas, Zane Mokhiber, and Adam Chaikof
December 13, 2017

What this study finds: In 2015 and 2016, a total of $2 billion in stolen wages ($880.3 million in 2015; $1.1 billion in 2016) were recovered for workers by the U.S. Department of Labor ($246.8 million in 2015; $266.6 million in 2016); by state departments of labor and attorneys general in 39 states ($170.0 million in 2015; $147.5 million in 2016); and through class action settlements ($463.6 million in 2015; $695.5 million in 2016). These represent wages stolen by employers who, for example, refuse to pay promised wages, pay employees for only some of the hours worked, or fail to pay overtime premiums when employees work more than 40 hours in a week.

Why it matters: Given that wage theft disproportionately affects workers from low-income households-who are already struggling to make ends meet-the loss of wages can be devastating. And these recovery numbers likely dramatically underrepresent the pervasiveness of wage theft-it has been estimated that low-wage workers lose more than $50 billion annually to wage theft. Regardless of what share of actual wage theft the recovery numbers represent, these data are one more reminder that wage theft is not isolated to a few bad employers, but affects workers much more broadly.

What can be done about it: Implement legislation to improve pay transparency; increase penalties for wage theft violations; support strong government enforcement of wage and hour laws; protect workers from retaliation when they report violations; and protect worker rights to collective and class action.

Introduction

The last four decades have been marked by rising wage inequality, with the vast majority of American workers experiencing wage stagnation while those at the top rung of the economic ladder reap the benefits of growth in productivity. These dynamics mean that many workers struggle to make ends meet; in 2016 one in fivefamilies in which at least one person worked were living below 200 percent of the federal poverty line (U.S. Census Bureau 2017).1 This situation is deeply exacerbated by wage theft, which continues to rob workers of billions of dollars in earned pay each year, with low-income workers being disproportionately affected (Bernhardt et al. 2009).

Wage theft occurs when employers fail to pay workers the full wages to which they are entitled for their labor. This includes, for example, refusing to pay workers the total amount of promised wages, not paying for time spent preparing a workstation at the start of a shift or closing up at the end of a shift, and not paying overtime premiums to workers who work more than 40 hours a week. Consider a full-time minimum wage worker earning the federal minimum wage of $7.25 an hour, around $15,000 per year. If this worker’s employer asks her to work 15 minutes “off the clock” before and after her 8-hour shift each day, that extra half hour of unpaid work each day represents a loss to the worker (and a gain to the employer) of around $1,400 per year, including the overtime premiums she should have been paid. This constitutes theft of nearly 10 percent of a minimum wage employee’s annual earnings-which can mean the difference between paying the rent and utilities or risking eviction or the loss of gas, water, or electric service.

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(Press Release)

(Full PDF of Study)

New York’s prevailing wage law

Posted by National Alliance for Fair Contracting on

A cost-benefit analysis

(A working paper from the Economic Policy Institute)

By Russell Ormiston, Dale Belman, and Matt Hinkel
November 1, 2017

…

The cost of state prevailing wage laws has been a considerable focus of independent, academic economists over the last 15 years. In study after study, the results demonstrate a clear consensus: state prevailing wage laws have not been shown to increase taxpayer costs on the biggest components of state construction budgets (roads and schools). If this seems counterintuitive, consider that high-wage contractors employ the most skilled and most productive workers and use the industry’s most advanced technology and equipment; this allows them to place bids on public construction projects that are competitive with-if not better than-those of low-wage, low-skill contractors. Essentially, state lawmakers “get what they pay for” when it comes to hiring contractors and workers to build public construction projects.

…

There is another fundamental problem with the current narrative on state prevailing wage laws: it entirely ignores the many benefits that the law provides a state’s residents and communities. In a time when economic opportunities for blue-collar workers are slipping away-devastating families and communities-prevailing wage laws are one of the few effective policies available to state lawmakers that increase the standard of living for these workers, incentivize employers to provide opportunities for training and skill development, and offer a clear pathway to the middle class for non-college educated state residents. Prevailing wage laws also advantage in-state and law-abiding contractors, reduce illegal employment practices, and improve workplace safety for a state’s residents. Any public discussion about state prevailing wage laws that ignores the benefits of the policy does an incredible disservice to a state’s workers, families, and communities.

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(PDF Copy of Report)

House, Senate Democrats Move to Prevent Wage Theft (MI)

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Hardworking men and women deserve full amount they’ve earned

Monday, October 30, 2017

LANSING – House and Senate Democrats announced their plan to Prevent Wage Theft today to make sure workers get what they’ve earned. A report from the Economic Policy Institute earlier this year found that Michigan workers across all demographic groups are losing $429 million every year as a result of wage theft. It’s been almost 40 years since Michigan updated many of the state’s laws to protect workers’ pay.

“When we’re talking about nearly half a billion dollars being taken from workers’ paychecks illegally, it’s clear the system is broken,” said state SenatorJim Ananich (D-Flint). “These folks are playing by the rules and trying to provide for themselves and their families. We need to do right by them and bring our laws into the 21st century.”

Data from the EPI report show that 17 percent of low-wage workers in Michigan have experienced wage theft, which includes paying less than minimum wage, failing to pay overtime, working off the clock, confiscating tips, misclassifying employees as independent contractors, or even failing to pay workers at all. Earlier this year, FOX 17 reported the story of 24 West Michigan carpenters who hadn’t been paid $35,000 that a construction company owed them. They had bank accounts frozen, couldn’t afford family medical expenses and even lost their cars.

…

In addition to holding back Michigan’s workers and its economy by keeping hundreds of millions of dollars out of pocketbooks around the state, law-abiding businesses are at a disadvantage to the bad actors who increase their profits by stealing from their employees.

“When Michigan’s workers do better, our whole state benefits. Sadly, a handful of bad actors are holding us back to the tune of nearly half a billion dollars per year and our state isn’t doing enough to help,” said House Democratic Leader Sam Singh (D-East Lansing). “Democrats are stepping up to ensure that hardworking Michigan workers get what they earn and that everyone plays by the same rules.”

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