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

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.

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California Labor Commissioner Collects Over $2.6 Million in Wages for 100 Workers on a Public Works Project

CA Dept. of Industrial Relations | NEWS RELEASE
Release Number: 2021-122
Date: December 16, 2021

Long Beach— The Labor Commissioner’s Office collected $2,631,876 in wages and $37,672 in apprenticeship training funds resulting from a prevailing wage assessment against Torrance-based general contractor TOBO Construction, Inc. The wages collected will compensate 100 workers for unpaid prevailing wages and overtime while working on a construction project on El Camino Community College’s campus in Torrance.

“Contractors on publicly-funded construction projects must pay workers a prevailing wage,” said Labor Commissioner Lilia García-Brower. “TOBO Construction, Inc. cheated these workers out of millions of dollars in pay and benefits.”

El Camino Community College District hired TOBO Construction, Inc., a general building, engineering and electrical contractor, as prime contractor to build a $35 million Student Services Center building. Workers hired included bricklayers, carpenters, drywall installers, laborers, ironworkers, steel framers and other trades workers.

The Labor Commissioner’s Office opened its investigation in May 2018 after receiving a report of public works violations from the Carpenters Contractors Cooperation Committee and the Painters and Allied Trades Compliance Administrative Trust. The investigation included interviews with over 40 workers and an audit of payroll records, which were turned over only after the investigators served subpoenas on TOBO Construction, Inc.

The investigation determined that TOBO Construction had maintained false payroll records over a 31-month period to cover up the wage theft. The contractor hired brokers to provide staffing for the construction project, and those brokers paid the workers in cash or personal checks $100 to $160 per day. Investigators reviewed thousands of falsified checks that were not issued to workers, many of them signed by the same person.

Additionally, investigators found that TOBO Construction failed to comply with apprenticeship requirements for a public works project. TOBO Construction failed to provide contract award information to all applicable apprenticeship committees, and failed to hire apprentices in the required ratio of one hour of apprentice work for every five hours performed by journeypersons in the applicable craft or trade.

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Wage Theft Ordinance Passes

KC Labor Beacon
Nov. 24, 2021

Another success in our ongoing fight against wage theft! Recently, Kansas City, Mo city council passed its first ever Wage Theft ordinance to hold cheating contractors accountable. Members of organized labor joined Councilman Kevin O’Neill after  the first ever Wage Theft ordinance was passed\. The ordinance will criminalize those contractors who use labor brokers, 1099s, pay cash without certified payrolls and other forms of illegal payments to workers. The new Civil Rights and Equal Opportunity Department will enforce prevailing wage, wage theft and city tax evaders by monitoring all worksites that are either contracted with the city or have city incentives tied to their project. In addition, changes were made to the Fairness in Construction Board which will include four new members. The board will include a member from organized labor, one from the Associated General Contractors and two from the community.

Gov. Newsom Signs Assemblywoman Gonzalez’ Wage Theft Criminalization Bill

By City News Service
September 28, 2021

The new law specifies that the intentional theft of wages or tips by employers is punishable as grand theft

A bill that could jail employers for intentionally committing wage theft was signed into law Monday by Gov. Gavin Newsom.

Assembly Bill 1003, written by Assemblywoman Lorena Gonzalez, D-San Diego, specifies that the intentional theft of wages or tips by employers is punishable as grand theft.

“I’ve never understood why we don’t hold employers who steal from their workers responsible for their crimes, the same way we treat any other serious theft,” Gonzalez said. “I’m hopeful this bill will finally change that and make bad actors think twice before treating wage theft like a simple business decision.

“This law sends a clear message: if you intentionally steal workers’ hard-earned wages, you can actually go to prison,” she said.

In California, minimum wage violations cost workers close to $2 billion annually. AB 1003 makes the intentional theft of wages, tips, benefits or compensation — over $950 for one employee and over $2,350 for two or more employees in any 12 consecutive month period — punishable as grand theft. Prosecutors would have the authority to decide whether to charge an employer with a misdemeanor or felony.

According to a report released in May by the Economic Policy Institute, laws that made the crime of wage theft a felony increased the likelihood that district attorneys would pursue more cases and provided prosecutors a more effective means to go after egregious employer crimes.

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LYNN WAGE THEFT ADVISORY COMMITTEE: WAGE THEFT ‘IS GOING TO HAPPEN’ (MA)

BY DAVID MCLELLAN | March 11, 2020

LYNN – There are hundreds of construction workers who are or will be working at Lynn’s many current and future development sites. According to the Lynn Wage Theft Advisory Committee, it’s virtually guaranteed a chunk of them will get ripped off.

“It’s going to happen. It’s a slam dunk. It’s just so easy to get away with,” said Robert Reynolds, a member of the Wage Theft Advisory Committee who gave a talk on wage theft to the Greater Lynn Chamber of Commerce Government Affairs Committee Wednesday morning.

“This is something the whole community has a stake in. This harms everyone,” Reynolds said.

Wage theft is a term that encompasses a variety of legal infractions committed by employers, including failure to pay overtime wages, failure to pay a minimum wage, or otherwise not paying an employee the full amount to which they are legally or contractually entitled.

It harms the workers themselves, but also the larger community, Reynolds said. Tax revenue is lost, workers’ compensation and unemployment funds are lost, and honest businesses are disadvantaged.

According to Reynolds, construction is the No. 1 industry in terms of wage theft prevalence, followed by the food industry. Lynn officials should be paying extra attention to potential wage theft, given the amount of current or upcoming development in the city, he said.

“It’s almost guaranteed that that’s going on at every construction site,” he said. “You want a big banner hanging over the General Edwards Bridge saying, ‘If you’re going to engage in that stuff, we don’t want you here. And if you do engage in that stuff, we’re going to come after you.'”

With the recent increase in development – including at least six major waterfront developments adding thousands of new apartment units – the Wage Theft Advisory Committee is educating the public.

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Matthew Fritz-Mauer: The hollow promise of workers’ rights in DC (DC)

March 4, 2020

It might seem like working people in the District of Columbia have a lot to celebrate. In fact, researchers at Oxfam not long ago named DC the most worker-friendly place in the country. Over the past few years, the DC Council has raised the minimum wage, guaranteed paid sick days, and created a paid family leave program.

But despite these accomplishments, there’s something wrong in our city: Employers frequently violate basic workplace laws, and DC is failing to protect workers’ rights. The name of the problem is wage theft, and it wreaks havoc on the lives of working people. Wage theft occurs when a worker is denied the wages or benefits to which he or she is legally entitled. Common forms include not paying minimum wage or overtime, denying paid leave, and failing to pay for all hours worked.

In too many cases, employers steal from their workers. One study estimated that low-wage workers lose 15% of their income to wage theft; another estimated that nationwide minimum wage violations alone cost low-wage workers $15 billion per year. Across the country, millions of people have their basic workplace rights violated every year.

Research commissioned by the DC Department of Employment Services (DOES) estimates that nearly 40,000 workers per year experience minimum wage violations here in DC. Those of us who work with the low-wage community hear stories of wage theft over and over again. My research, which involves detailed interviews with low-income people, found that wage theft is a persistent and devastating problem in their lives.

Wage theft makes it hard to pay rent, buy food, go to the doctor, and keep on the heat and water. Many workers feel angry, depressed and helpless over it. For some, the strain becomes too much, and they think about or even attempt to die by suicide. Wage theft weakens families and communities, strains the social safety net, and makes it hard for legitimate employers to compete against companies that cut costs by defrauding employees.

How can this be the case? In 2014, DC passed a law specifically designed to attack wage theft. The Wage Theft Prevention Amendment Act increased civil and criminal penalties, expanded the authority of DOES, incentivized lawyers to take on claims, and issued a clear statement about our city’s values. It is one of the most robust and progressive anti-wage theft laws in the country.

But that law is, in many ways, failing.

Today, workers who suffer wage theft have four options: They can go to the DC Office of the Attorney General (OAG), find a private lawyer, file a lawsuit themselves, or file a wage-theft claim with DOES. Realistically, though, DOES has to be the primary enforcer of basic workplace laws. Both the OAG and private-sector attorneys have increased enforcement activities, but resources are limited. The vast majority of people can’t get a lawyer to represent them, and filing a lawsuit on their own is too intimidating and confusing. Going to DOES should be a quick, easy and effective way to fight back against wage theft. In reality, it’s anything but.

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New bill targets wage theft by forcing construction managers to foot the bill (NY)

The legislation seeks to make it easier for workers to recoup wages

By Kathryn Brenzel
March 12, 2020

A new bill seeks to crack down on construction wage theft in New York by shifting more responsibility to construction managers.

The legislation would leave general contractors on the hook for any outstanding wages or benefits owed to subcontractors on a project. Typically, workers can file a lawsuit against their employer – often a subcontractor – to recoup wages. But state legislators feel this leaves too many opportunities for companies to evade paying their workers.

“This is a major issue in the construction industry where, oftentimes, such direct employer is an unscrupulous subcontractor or labor broker willing to hide assets, change corporate identity and take part in other unscrupulous practices to avoid liability and make themselves judgment proof from a wage theft action,” a memo for the bill states.

The memo adds that making the “prime contractor” of a construction project (the company that inks a contract with the owner of a project) liable for the actions of their subcontractors would allow construction workers to collect unpaid wages more quickly and serve as “an incentive for the construction industry to better self-police itself.”

Sen. Jessica Ramos, who is the prime sponsor of the bill alongside Assembly member Marcos Crespo, said she’s been working with Laborers’ International Union of North America on the bill. She hopes the legislation will help hold companies accountable, given that construction is an industry where the hierarchy of labor can sometimes enable companies to defer responsibility. All too often, she said, companies think of construction workers as “disposable.”

“I want you to know what human beings you are employing,” she said.

In January, Gov. Andrew Cuomo vetoed a bill that would have allowed employees of all industries to place a lien against their employers’ assets while a civil action is pending. The legislation was intended to prevent instances where a company or entity dissolves before an employee is able to recoup their wages through court action.

Instead, the governor signed a bill into law that targeted limited liability companies, making the 10 members with the largest ownership interest in such entities responsible for unpaid wages to employees (but without the lien option). …

At the state level, in 2017, the Department of Labor reclaimed $6 million owed to ironworkers and welders from November 2013 to December 2017, marking the largest monetary recovery of its kind at the time. According to Cuomo’s office, the state has recovered nearly $300 million in stolen wages since 2011. The U.S. Department of Labor estimates that $1 billion in wages, across various industries, are stolen each year in New York.

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Suffolk County DA: Businesses cheated workers, state (NY)

Wage and benefit fund theft, wage violations, and fraud in unemployment insurance & workers comp were among alleged crimes, prosecutors say.

Michael DeSantis
March 9, 2020

SUFFOLK COUNTY, NY – Eight people and nine businesses have been charged in a labor-related crackdown in Suffolk County.

The crimes collectively saw the theft of more than $250,000 in employees’ wages and benefits, nonpayment of more than $58,000 to the Department of Labor for unemployment insurance fund contributions, and failure to pay more than $133,000 to the state’s insurance fund for workers’ compensation insurance premiums, prosecutors said. Two defendants also illegally dumped polluted water into a public storm water drain, prosecutors said.

“Here in Suffolk County, we will not tolerate the exploitation of workers or our taxpayers by greedy corporations and business owners,” Suffolk County District Attorney Timothy D. Sini said in a news release. “That is why my Office, along with our partners, is aggressively identifying and prosecuting bad actors in the business community and holding them accountable. Indeed, not only will our efforts protect workers and taxpayers, they will also prevent these bad businesses from gaining an unfair competitive advantage against legitimate, law-abiding businesses.” …

“The Governor and the Department of Labor take the responsibility of enforcing labor and worker protections very seriously,” Roberta Reardon, New York State Department of Labor commissioner, said. “We have zero tolerance for those businesses who seek to defraud the system. Businesses who don’t play by the rules will be held accountable. We are fortunate to have law enforcement partners like the Suffolk County DA’s office to help us reinforce those protections.”

The investigations are ongoing. Sini urges anyone who worked for one of the companies and was underpaid or deprived of his or her wages to contact the Labor Crime Unit at 631-853-4232 or via email to InfoDA@SuffolkCountyNY.gov.

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Why Philadelphia Needs a Department of Labor (PA)

OSCAR PERRY ABELLO
MARCH 3, 2020

Nadia Hewka has been fighting against wage theft pretty much since the day she first came to work at Community Legal Services of Philadelphia – in 1997. Then, the term “wage theft” wasn’t yet the established term. The going phrase at the time was “underpayment of wages.”

“It just doesn’t capture what’s happening,” Hewka says. “People’s labor and hours and time are being stolen when their wages are stolen.”

Wage theft comes in a few different forms. Employers may refuse to pay workers, pay them less than minimum wage, refuse to pay overtime, undercount workers’ hours or otherwise fail to pay workers for hours that qualify as work under the law. Employers may require workers to work before and after their shifts or before or after they have clocked in, without compensation.

All those forms of wage theft are already illegal, by state or federal law, or both. But enforcing those laws has been another story. Enforcing worker rights, from wage theft and beyond, has long depended on victims taking employers to court. Often, employers don’t get caught because not every wage-theft victim has the time and resources to meet with lawyers, give extensive depositions and go through a legal battle in court.

Wage theft most affects low-wage workers. In a landmark 2015 study from the Sheller Center for Social Justice at Temple University Beasley School of Law, which looked at wage theft across Pennsylvania, researchers found that in the five-county Philadelphia metropolitan area alone, every year an estimated 128,476 low-wage workers experienced minimum wage violations, 105,458 experienced overtime nonpayment violations, and 83,344 experienced off-the-clock violations. That report helped fuel the campaign in 2016 to finally make wage theft illegal at the local level in Philadelphia.

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Bill aims at cracking down on companies committing wage theft (HI)

Representative Chris Lee says his bill would subject employers who willingly withhold money from their employees’ paychecks to criminal charges.

Thursday, February 27th 2020

Have you ever felt like you’ve been underpaid? A new bill could help prevent that from happening to you.
A bill moving through the capitol looks to crack down on companies that commit wage theft.

Representative Chris Lee says his bill would subject employers who willingly withhold money from their employees’ paychecks to criminal charges. Violators could face up to five years in prison and up to $10,000 in fines.

“In cases around the country we’ve seen employers intentionally dock wages from their employees, underpay their employees, pocket the money themselves, and in those cases they can be charged with a felony — which could be thousands of dollars, years in prison, because that is the same as someone going to a store nearby and robbing them of the same amount of money. So this protects workers from exploitation,” Lee said.

Under current law, the penalties for employers convicted of wage fraud ranges from a fine of $50 to up to a year in prison.

(See Article)