< Library - Employment Law
Employee Rights    

LABOR VIOLATIONS USUALLY VICTIMIZE LOW-WAGE WORKERS

     A recently released study provides the most comprehensive examination of current wage-law violations. The report, entitled Broken Laws, Unprotected Workers, was based on a survey of some 4,387 workers in various low-wage industries from three of the country’s largest cities: New York, Los Angeles, and Chicago. According to the study, 39 percent of those surveyed were illegal immigrants, 31 percent legal immigrants and 30 percent native-born Americans.

     The study found that “workplace violations are severe and widespread” and that “many employment and labor laws are regularly and systematically violated, impacting a significant part of the low-wage labor force in the nation’s largest cities.” The study went on to detail some of the key violations, an excerpted summary of which can be found below:

     Minimum wage violations – Of the 4,387 workers sampled, 26% were paid less than the legally required minimum wage in the previous work week. Ultimately, the minimum wage violations resulted in 60% of workers being underpaid by more than $1 per hour.

     Overtime violations – More than 25% of the sampled workers were required to work more than 40 hours per week. Of these, 76% were not paid the legally required overtime rate by their employers. In the study, the unpaid overtime worker worked 11 hours of overtime that were either underpaid or not paid at all.

     “Off-the-clock” violations – About 25% of the sampled workers came in early or stayed late after their shift. Of these workers, 70% did not receive any pay at all for the work they performed outside their regular shift. (An off-the-clock violation is actually a type of overtime violation.)

     Meal Break violations – The large majority of the sampled workers (86%) worked enough hours to entitle them to at least one meal break during their shift. Of these workers, about 69% received no break at all, had their break shortened, were interrupted by their employer, or worked during their break – all of which constitute a violation of the meal break law.

     Pay stub violations and illegal deductions – In California, Illinois and New York, workers are required to receive documentation of their earnings and deductions, regardless of whether they are paid in cash or by check. However, 57% of the sampled workers did not receive this mandatory documentation. Additionally, employers are generally not permitted to take deductions from a worker’s pay for damage or loss, work-related tools, materials, or transportation. But 41% of the sampled workers reported these types of illegal deductions from their pay.

     Tipped job violations – Of the tipped workers in the sample, about 30% were not paid the tipped worker minimum wage. Additionally, 12% of the tipped workers experienced having their tips stolen by their employer or supervisor, which is illegal.

     Illegal employer retaliation – The study found that about 43% of the sampled workers who complained about their working conditions or tried to organize a union experienced illegal retaliation from their employer or supervisor. For example, employers fired or suspended workers, threatened to call immigration authorities, or threatened to cut worker’s hour or pay. About 20% of the workers said they did not complain even though they experienced serious problems such as dangerous working conditions or not being paid minimum wage. 50% of those who did not complain were afraid of losing their jobs, about 10% were afraid their hours or wages will be cut, and 36% thought filing a complaint would not make a difference.

     Workers’ compensation violations – The study found that the workers’ compensation system was not functioning effectively in the low-wage labor market. Of the workers sampled, only 8% filed a workers’ compensation claim. When workers told their employers about their work-related injuries, 50% experienced an illegal employer reaction, including firing the worker, calling immigration authorities, or instructing the worker not to file a claim. About 50% of workers injured on the job had to pay their bills out of pocket (33%) or use their health insurance (22%).

     Workers exempt from workplace laws – The study also surveyed one group of workers considered exempt from employment and labor laws: the “in-home” child care workers who provide care in private homes. About 89% of these workers earned less than the minimum wage.

     The above records of employer violations highlight the importance of protecting employee rights. Employees who believe that their rights have been violated should consult with an experienced employment attorney.

 

© Law Offices C. Joe Sayas, Jr.