A RECENTLY released study by the UCLA Institute for Research on Labor and Employment provides the most comprehensive examination of current wage-law violations in Los Angeles. The report, entitled Wage Theft & Workplace Violations in Los Angeles (a city-specific report contained in a national report called Broken Laws, Unprotected Workers, which we had discussed in a previous article), was based on a survey of some 1,815 workers in various low-wage industries in Los Angeles County, including illegal immigrants.
The study found that "low wage workers in Los Angeles regularly experience violations of basic laws that mandate a minimum wage and overtime pay and are frequently forced to work off the clock or during their breaks." The study noted that in almost all cases, the violations rates are higher in Los Angeles than in New York and Chicago (two other cities where a similar study was conducted). The study went on to detail some of the key violations, an excerpted summary of which can be found below:
Minimum wage violations – Almost 30% of the LA workers surveyed were paid less than the minimum wage. This is a higher violation rate than in New York City. Of the 30%, more than half (or about 63%) were underpaid by more than $1 per hour.
Overtime violations – Among all LA respondents, 21.3% worked more than 40 hours for a one employer during the work week. Over 79% of these workers were not paid the legally required overtime rate by their employers. Viewed as a whole, the overtime violations, like the minimum wage violations, were significant. The LA workers had worked an average of 10 overtime hours during the work week.
"Off-the-clock" violations – About 1 in 5 LA workers surveyed (or about 18%) worked before and/or after their regular shifts during the work week. Of this group, over 71% were not paid at all for the work they performed outside their regular shifts.
Meal Break violations – Among all LA workers, more than 89% worked enough consecutive hours to be legally entitled to a meal break. However, more than 80% of these workers experienced a meal break violation during the work week.
Rest Breaks violations – California law mandates that an employee must receive a 10-minute rest period for every 4 hours of work or two ten-minute rest break in an eight-hour shift. However, this law is often violated. The survey found that more than 81% of workers eligible for rest breaks were either denied a break entirely or had a shortened break during the work week.
Pay stub violations and illegal deductions – California law requires that all workers are required to receive documentation of their earnings and deductions, regardless of whether they are paid in cash or by check. However, more than 63% 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 more than 45% of the sampled workers were subjected to illegal deductions from their pay.
Tipped job violations – It is illegal for employers or managers to take any portion of the tips provided by customers in restaurants or other settings where tips are customary. However, of the tipped Los Angeles workers in the sample, over 19% experienced "tip stealing" during the work week. This rate is much higher than the rates of tip stealing in New York and Chicago.
Illegal employer retaliation – The study found that over 47% of the sampled workers who complained about their working conditions or tried to organize a union experienced illegal retaliation from their employer or supervisor. 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. Over 59% of those who did not complain were afraid of losing their jobs, about 14% were afraid their hours or wages will be cut, and 31% thought filing a complaint would not make a difference.
Workers’ compensation violations – The study revealed that the workers compensation system is rarely used by low-wage workers. Only 4.3% of LA workers who experienced a serious injury at work filed a claim for their injuries. Of the seriously injured workers, more than 42% said they were required to work despite their injury, an additional 30% said their employer refused to help them with their injury, and over 12% were fired shortly after the injury.
The study observed that the many forms of nonpayment or underpayment of wages "take a heavy toll on workers and their families." Los Angeles workers, who experienced a pay-based violation during the work week, would eventually lose an average of $2,070 per worker during the year. In today’s economic downturn, this amount is significant for the average working man or woman.
Combating overtime and other wage violations requires legal action. The laws are there to protect the employees who assert their rights. With limited government resources, enforcement of employment laws can be done through the help of attorneys who are experienced in employment and class actions.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayaslaw.com or contact his office by telephone at (818) 291-0088.
( Published February 20, 2010 in Asian Journal Los Angeles p. C3 )
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