City Council bans Cleveland from doing business with companies that practice wage theft

Published: Dec. 05, 2022 | Cleveland.com

By Courtney Astolfi

CLEVELAND, Ohio – Cleveland City Council approved on Monday an ordinance banning the city of Cleveland from doing business with companies found to practice wage theft and those that commit payroll fraud.

The new law bars Cleveland from granting financial assistance to such companies or entering into contracts with them for city services or construction.

The measure is a victory for advocacy group Guardians for Fair Work, which has been lobbying city officials this year to deliver wage-theft protections for Cleveland workers.

“This is an important step forward for working people in Cleveland. We believe the only way we succeed as a city and region is to put workers at the center of our economic development strategies. Without this worker centered approach we will not have shared prosperity,” organizer Nora Kelley said in a news release. She added that workers with the lowest wages are often the ones victimized by wage theft.

Businesses seeking city contracts or financial assistance will have to report to the city’s Fair Employment Wage Board any instances of a government agency finding that they or a subcontractor committed wage theft or payroll fraud within the last three years. Businesses that self-report those instances would not be eligible to receive city money or contracts.

Columbus council creates advisory committee for diversity hiring on construction projects

New panel to recommend city diversity targets on union construction projects costing over $5 million

Bill Bush | The Columbus Dispatch
Nov. 15, 2022

The Columbus City Council on Monday created a nine-member committee designed to make recommendations on adding goals for hiring female, minority and local workers on larger city construction projects that utilize “project labor agreements,” which are pre-hire agreements with trade unions.

The new Community Benefits Agreement Advisory Committee will make nonbinding recommendations to the mayor on when such inclusion goals should be sought from construction companies and labor unions. But it doesn’t appear the city will have to worry about unwelcome proposals: four of the nine members will represent the mayor’s office or various departments under the mayor, while the fifth and deciding member will represent City Council.

The other four committee members will represent trade unions and “groups historically underrepresented” in the construction industry, the ordinance says.

The committee can also review plans and make recommendations on how newly constructed facilities get used, and on mitigation of the effects of construction on the neighborhood. It can make recommendations on dedicating green space, sports courts and occasional uses of the new space for art or youth programming, the ordinance says.

“This new chapter will promote a diverse workforce, efficient construction timelines, greater consideration of environmental impacts, and overall community benefits related to large city construction projects and renovation projects,” Council member Rob Dorans, who is employed as an attorney for a labor union, said during the meeting.

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Brown Introducing Legislation to Crack Down on Companies That Cheat Workers out of Wages They Earned

Office of Sen. Sherrod Brown
May 18, 2022

New Report Reveals More than 200,000 Ohioans Lose Out on Thousands of Dollars in Wages Each Year; Brown Bill Would Help Put Wages Back in Workers’ Pockets, Strengthen Worker Protections

WASHINGTON, DC – U.S. Senator Sherrod Brown (D-OH) joined Policy Matters Ohio and Ohio workers for a news conference call to discuss his Wage Theft Prevention and Wage Recovery Act, new legislation to crack down on employers that unfairly withhold wages from their workers.

New analysis from Policy Matters Ohio finds that each year, employers steal from at least 213,000 Ohioans by paying them below the minimum wage, costing a worker who is on the job the full year an average of $2,900, or a quarter of their total wages they earned.

Brown’s new bill with Sen. Patty Murray (D-WA) and his colleagues would put hard-earned wages back in workers’ pockets and crack down on employers who unfairly withhold wages from their employees.

“It’s simple: If you put in the work, you should get paid for it. Companies should not be able to cheat workers out of the wages they earned and get away with it,” said Brown. “Our bill will give workers the power to fight back and recover their lost paychecks, and it will mean real consequences for employers that steal the wages Ohioans work so hard for.”

Brown was joined on the call by two Ohio workers whose wages were stolen by their employers.

“So many people keep quiet about wage theft for fear of losing their jobs. It’s time we put a stop to this,” said Ernest Hatten of Cleveland.

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Honest day’s pay

Policy Matter Ohio
May 18, 2022

KEY FINDINGS: WAGE THEFT IN OHIO

  • Ohio employers steal from an estimated 213,000 workers a year by paying them less than the state or federal minimum wage.
  • If wage theft victims stayed on their job the full year, the total underpayment of wages to these Ohio workers would be $611 million each year.
  • While 3.8% of all Ohio workers have wages stolen each year, employers steal from 18.4% of workers paid $11.44 per hour or less.
  • Victims of minimum wage violations are underpaid an average of $55 per week, 24% of the weekly earnings owed to them. If they work year-round, they lose, on average, $2,873 per year and are paid only $9,011 in annual wages.
  • Women make up about three in five victims who are paid below the minimum wage.
  • Hispanic workers were 74% more likely to become victims than white counterparts, while Ohioans of other races — about three quarters of whom are Asian — were 51% more likely. Black workers were about as likely to indicate wages below the minimum wage as white workers, but Black workers spent more hours working for employers who stole from them and lost more wages, overall.
  • About 54,000 parents are paid below the minimum wage each year. Together they are raising about 108,000 children under 18 years old.
  • Low-paid workers in all industries are vulnerable, but half the wage theft cases occurred in the leisure and hospitality industry.

Introduction

Everyone who works should be paid their full wages for all the hours they put in. Too often in Ohio, employers steal from workers’ paychecks. By underfunding wage and hour enforcement, Ohio lawmakers make it too easy for employers to commit wage theft, and too hard for workers to be made whole. The scale of wage theft is difficult to measure, but we know that it far exceeds the number of cases ever reported. Most wage theft victims never come forward because they don’t know their rights, think nothing will be done for them, or fear retaliation from their employer.

Using Current Population Survey (CPS) data and a method developed by the Economic Policy Institute (EPI), this report quantifies the scope and cost of wage theft to Ohio’s working people. Employers steal from an estimated 213,000 Ohioans each year through minimum wage violations alone.[1] This report updates prior research released by EPI and reveals that, in the five years since that research was released, the scale of wage theft in Ohio has remained virtually unchanged.[2] Employers in all sectors steal from employees, but wage theft is most prevalent in industries that pay low wages, especially leisure and hospitality. Wage theft compounds financial hardships for people who are too often exploited at work due to their race, gender, immigration status or socioeconomic class.

This report quantifies the scope and cost of wage theft to Ohioans through minimum wage nonpayment alone. Because the vast majority of wage theft goes unreported, most types of wage theft cannot be measured. This report identifies minimum wage nonpayment — just one form of wage theft — from respondents to the Current Population Survey who identified their wage as less than the federal or Ohio minimum wage, regardless of whether they ever made a wage claim. These estimates have been produced by Policy Matters Ohio following a research methodology developed by EPI. Data are from the CPS Outgoing Rotation Group for years 2017-2019, using the extract from the Center for Economic Policy Research.[3] Exempt workers are identified wherever possible so that those estimated here to be wage theft victims were both paid less than the minimum wage and covered employees under state or federal law. Wages are reported in current year dollars. A full methodology is available from Policy Matters Ohio.

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(Executive Summary)

(Full PDF of Report)

Column: Wage theft is prevalent, cheats workers in Ohio (OH)

January 31, 2020

Too many bosses in the Columbus area and throughout Ohio are finding ways to cheat their hard-working employees. It’s called wage theft. These unethical employers steal money from workers and make it harder for law-abiding employers to compete.

Here are some of their methods: paying less than the minimum wage; not paying overtime; violating prevailing wage laws on public construction projects; confiscating tips from restaurant wait staff; misclassifying regular employees as self-employed independent contractors; forcing employees to work off-the-clock before and after their regular shifts; and denying workers legal meal breaks. The list of unscrupulous practices is almost endless. …

Mayor Andrew J. Ginther and the Columbus City Council have recognized the problem here. They are considering legislation aimed at curbing wage theft by any developer who receives a tax abatement or other tax incentive. If enacted, this legislation would be a good first step in combating abuses. Four years ago, Cincinnati enacted a similar ordinance. Franklin County suburbs should follow suit.

Central Ohio’s overall economy is healthy and growing. However, not everyone is benefiting. Too many folks are being left behind, forced to work two or three jobs to make ends meet. Dishonest wage-theft violators know this. They prey on the most vulnerable of our fellow citizens.

These crooked employers should be held accountable. Our elected officials and business leaders should tell repeat offenders either comply with the law or get out of central Ohio. We don’t need you and your abusive practices.

Mark Fluharty is executive director of the Central Ohio Labor Council of the AFL-CIO.

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Do wage theft laws in Ohio harm or help workers?

BUSINESS
Updated Apr 15, 10:24 AM; Posted Apr 15, 5:00 AM

Cleveland, Ohio — Matthew J. Grassi got to savor victory for only a few minutes.

The Ohio Department of Commerce had just awarded him $1,701 in a wage theft claim against his former employer. Then the investigator told him, “It is going to really be difficult for you to see this money.”

A decade later, Grassi has “never seen a dime.” His former employer never responded to the state’s request for payment. The state says the debt probably can’t be collected.

Grassi was a victim of wage theft, a term commonly used to describe failure to pay workers fully for their labor. In Ohio, his story may not be that uncommon.

Ohio ranked second among the 10 largest states for a common type of wage theft, minimum wage violations, according to a report last year by the Economic Policy Institute, a left-leaning think tank in Washington. It estimates that Ohioans annually lose $600 million to wage theft.

But the state generally denies claims of wage theft, according to a Plain Dealer analysis of 4,800 complaints filed from 2010 to 2017. Even when it approves claims, victims only have a 50-50 chance to collect what they are owed.

Experts say it stems from two problems: the below-average strength of Ohio’s laws against wage theft, and the state’s lax enforcement of them.

Officially, Ohio lets wage-theft victims collect three times their back wages, called treble damages. In practice, it often chooses to waive that penalty for first-time offenders.

“In Ohio, it is not a set policy that is geared toward protecting workers and advocating for their rights,” said Daniel J. Galvin, a Northwestern University professor who studied enforcement of the law across the states. “They’re in the business of employer assistance.”

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Lake County commissioners OK updated responsible contractor checklist

By Andrew Cass, The News-Herald
POSTED: 04/30/18, 3:22 PM EDT

A sizable group of labor union representatives packed into the Lake County commissioners’ chambers to show support for a resolution updating the county’s responsible contractor checklist for infrastructure projects

Commissioner John Hamercheck said the resolution was part of a yearlong process, gaining steam in the past three months. It passed unanimously at the board’s most recent meeting.

“It sets the rules for how we’re going to do capital improvements at the county level,” Commissioner Daniel P. Troy said.

Troy also said he thinks that it ensures that the taxpayers – who are paying for the projects, be it through federal, state or local funds – are getting the best return on their investment.

“The way I look at it, it’s putting this in place so we’re not sitting here trying to determine who is the lowest bidder and who is the best bidder,” he said. “It’s still the law, but sometimes that becomes very difficult.”

Basically, he added, they’re setting criteria that is going to help ensure they pay “the right people the right amount of money to do the job the right way the first time.”

“What we’re looking for in this responsible contract language is furnishing of records as to that contractor’s performance on other projects, how they have complied with statutes that we have to comply with in terms of prevailing wage, payments of benefits etc.,” he said.

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City of Cincinnati, labor group win key lawsuit over contracting

By Chris Wetterich
Jan 5, 2018, 2:57pm

Under federal law, it is OK for the city of Cincinnati to require bidders on contracts to have apprenticeship programs and health and retirement plans, the U.S. Court of Appeals for the Sixth Circuit has ruled, a major victory for Cincinnati City Council Democrats and the Laborers International Union, which pushed for the requirements.

The so-called “responsible bidder” ordinance has been the subject of lawsuits and long-running disputes between council’s progressive and conservative members since it was enacted in 2013.

In the case, Allied sued the city. A U.S. District Court judge ruled against the city but was reversed on appeal.

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Allied Construction Industries v. City Of Cincinnati, Laborers International Union of North America, Local 265 (United States Court of Appeals for the Sixth Circuit)

January 4, 2018

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0004p-06.pdf

“We hold that the City was acting as a market participant in enacting the Ordinance, and therefore these provisions are not preempted by ERISA. … Cincinnati enacted Ordinance No. 282-2012 … to provide guidelines for selecting the “lowest and best bidder” on certain projects of the “Department of Sewers” …

[It] lists fifteen factors to be considered in selecting the lowest and best bidder, two of which are at issue here. Section 320-3(j) requires the bidder to certify whether:

  • it provides, or contributes to, a health care plan for those employees working on the project and shall provide a copy of the health plan upon request…
  • it contributes to an employee pension or retirement program, including, but not limited to, a 401K, a defined benefit plan, or similar plan, for its field employees working on the project and shall provide a copy of the plan upon request…
  • [it] imposes an apprenticeship standard, requiring each bidder to certify that “[f]or the duration of the project, the bidder will maintain or participate in an apprenticeship program for the primary apprenticeable occupation on the project,” and that that apprenticeship program must have graduated at least one apprentice for each of the past five years. …
  • [it] requires the winning contractor to pay $.10 per hour per worker into a preapprenticeship training fund, managed by the City. …

The City and the Union argue that the Ordinance cannot be preempted by ERISA because the City was acting as a market participant, rather than as a regulator, by codifying in the Ordinance its preferences for bidders… [T]he goal of “efficient procurement” does not restrict a state or municipality to selecting the cheapest possible bidder. To the contrary, “just as private entities serve their purposes by taking into account factors other than price in their procurement decision,” so too can a municipality…

In his report submitted in this case, Dr. Dale Belman, a professor at Michigan State University, explained:

“[p]rivate sector owners who undertake construction projects for their own use are concerned with factors beyond the bid price for a project. This reflects a purpose of minimizing the long term costs of a construction project where quality, timeliness, safety and predictability are as important as bid price in determining the capital and operating costs of a construction project. In adopting the ordinance, the [City] acted in a manner similar to other large owners who are building for their own purposes.”

[A] municipality might reasonably conclude that a contractor who provides these benefits is less likely to experience significant employee turnover, improving the stability and overall quality of a project. This is consistent with the City’s stated goal to find contractors who are committed to the City’s “safety, quality, time, and budgetary concerns.” …Moreover, the apprenticeship requirements in §§ 320-5 and 320-7 are connected to the City’s reasonable concern over a possible shortfall of trained workers who would be available for City projects in the future. … The City has a strong proprietary interest in developing a skilled workforce for its many future projects….

The City was acting as a market participant in enacting the Ordinance, and thus, the Ordinance is not subject to ERISA preemption… [W]e REVERSE … and direct the district court to enter judgment in favor of the City of Cincinnati.”

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State lawmakers should avoid any right-to-work proposal like the plague (OH)

Brigid Kelly, Opinion contributor
Published 12:00 p.m. ET Jan. 3, 2018

While everyone is getting into the holiday spirit of giving, a colleague of mine in the Ohio House is circulating six dangerous and divisive amendments to our Constitution. Amendments that would only take away from working families.

These radical changes to the Ohio Constitution and anti-family ideas are corroded with the fingerprints of the billionaire Koch brothers and anti-American propaganda organizations Americans for Prosperity and the American Legislative Exchange Council (ALEC). These special interest groups are driven by greed and power. It makes absolutely no sense that people with that much money would spend so much time, effort and resources trying to deprive working people of food on their table, roofs over their heads, and day-to-day dignity and security.

The six proposed amendments to the Ohio Constitution are all related to a nefarious and deceptive concept known as “right to work.” Time and time again, we’ve seen that right-to-work experiment leads to lower wages, more injuries and deaths in the workplace and employees are stripped of their voice and rights. But failed experiments don’t seem to get in the way of destructive ideology.

The bottom line is this: lawmakers elected by Ohio citizens should not sign on to an agenda directed by out-of-state special interests who don’t care about the people we are elected to serve.

We’ve been down this road before. In 2011, the out-of-state interests pushed lawmakers to ramrod Senate Bill 5 through the process in order to deny employees of their collective bargaining rights. We successfully fought back by collecting 1.3 million signatures, amassing 17,000 volunteers and vetoing SB 5 by a 62-38 percent margin. In 2011, SB 5 was unfair, unsafe and hurt us all. Today is no different.

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