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Wage Claims, Overtime & Other Employee Compensation

OVERTIME AND OTHER WAGE VIOLATIONS ARE RAMPANT IN LOS ANGELES (Part 3)
Who Are Affected and How to Restore Worker Protections

     The UCLA Institute for Research on Labor and Employment conducted a study entitled Wage Theft & Workplace Violations in Los Angeles. The study, which surveyed some 1,815 workers in various low-wage industries in Los Angeles County, found that wage-law violations are common in Los Angeles. These violations often involved minimum wage, overtime, off-the-clock work, meal and rest periods, and illegal retaliation, among others.

     We also discussed the study’s findings on which types of businesses commit higher rates of the violations and which classes of workers are often victimized. For example, the study found that the following businesses have higher rates of overtime violations: domestic service, retail, garment manufacturing, building services, and restaurants and hotels. Also, in terms of overtime violations, the following workers are often victimized: home health care workers/maids/housekeepers, garment workers, cashiers/retail workers/tellers/stock or office clerks, security guards/janitors/grounds maintenance workers, cooks/dishwashers/food preparers, and production/packaging/warehouse workers.

     Another aspect of the study is the finding that the violations rates are influenced by the worker’s gender, race/ethnicity, and immigration status. For example, of the Los Angeles workers surveyed, minimum wage violations were greater for women (36%) than for men (21%). Immigrants (36%) also experienced more minimum wage violations than U.S.-born workers (16%). The very highest minimum wage violations are experienced by female unauthorized immigrant workers.

     Even though minimum wage violations affect certain demographics more than others, the violations involving overtime, off-the-clock, and meal breaks varied little across the demographic categories. In other words, it did not matter whether the workers were male or female, immigrant or U.S.-born, or authorized or unauthorized immigrant. They all equally suffered from employer violations relating to overtime, off-the-clock work, and meal breaks.

     The study noted that: “When low-wage workers and their families struggle in poverty and face constant economic insecurity, the strength and resilience of local communities suffer. When responsible employers are forced to compete with unscrupulous employers who violate the law by paying subminimum wages or by cost-cutting at the expense of worker safety, the result is a race to the bottom that threatens to bring down standards throughout the labor market. And when large numbers of workers are illegally underpaid, tax revenues are lost to the wider community.”

     Some recommendations on how to restore worker protections were made, focusing on the need to change public policy. One of the policy changes must be on strengthening government enforcement of labor laws. It is not enough that government agencies react to labor complaints; they must prevent these complaints to begin with. To this end, government agencies could be better served by partnering with immigrant worker centers, unions, community organizations, social service providers, legal advocates and responsible employers. The penalties for labor violations should also be increased, making it more expensive for employers to violate the law.

     Another public policy change that was addressed is the status of immigrants in the workplace. The study noted that while unauthorized immigrant workers are theoretically covered by most employment and labor laws, in practice, these same workers are deprived of their rights because they lack legal status, they fear deportation, and too many employers are willing to exploit their vulnerability. Apart from including the issue of labor in immigration reform, immigration agencies and labor enforcement agencies must keep themselves separate and “maintain a firewall between themselves” so that workers will not fear deportation when bringing a wage claim or grievance. This issue is critically important to Los Angeles, the city and county with the largest unauthorized immigrant population in the U.S.

     The report called on public policy to foster the efforts of worker centers and unions to represent workers and enhance the capacity of legal service organizations to assist workers. Finally, it indicated the need to facilitate the efforts of private attorneys who bring important lawsuits that ultimately protect the rights of employees.
 

    
 © Law Offices C. Joe Sayas, Jr.