In last week’s article, we discussed a recent study entitled Wage Theft & Workplace Violations in Los Angeles (conducted by the UCLA Institute for Research on Labor and Employment). The study surveyed some 1,815 workers in various low-wage industries in Los Angeles County to find out just how rampant wage-law violations are in Los Angeles and which violations are usually committed.
The same study also discussed in details the various businesses and occupations where these violations are most commonly found. The study stated that workplace violations are the result of employer decisions on employee wages, or whether to give meal breaks or how to respond to employee complaints. The study further noted that some businesses and occupations tend to have higher rates of specific wage-law violations than other businesses or occupations. The most common violations are on minimum wage, overtime, off-the-clock work, and meal periods. Below are excerpts from the study:
Minimum wage violations – Of the workers surveyed, minimum wage violation rates are highest among the following businesses: garment manufacturing (58%), domestic service (35%), building services (32%), and department stores and miscellaneous retail (31%). The violation is also common among these other industries: auto repair and car wash (28%), food and furniture manufacturing (25%), grocery and drug stores (19%), restaurants and hotels (18%), residential construction (17%), home health care (12%), transportation, warehousing and wholesale (11%) and education and social assistance (7%).
Of the occupations surveyed, child care workers most often encounter minimum wage violations (75%). The following occupations are also at risk: garment workers (60%), grounds maintenance workers (39%), production workers (35%), maids and housekeepers (35%), retail salespersons (32%), janitors and building services workers (30%), cooks/dishwashers/food preparers (27%), packaging workers (25%), and home health care workers (20%).
Overtime violations – Of the workers surveyed, overtime violation rates are as follows among the following businesses: domestic service (92%), retail (82%), garment manufacturing (81%), building services (80%) and restaurants and hotels (67%).
Of the occupations surveyed, overtime violation rates are as follows: home health care workers/maids/housekeepers (96%), garment workers (93%), cashiers/retail workers/tellers/stock or office clerks (82%), security guards/janitors/grounds maintenance workers (80%), cooks/dishwashers/food preparers (64%), and production/packaging/warehouse workers (37%).
"Off-the-clock" violations – Of the workers surveyed, off-the-clock violations are common among the following businesses: home health care/education/social assistance (93%), domestic service (90%), building services (79%), restaurants and hotels (79%), retail (74%), residential construction (64%), transportation/warehousing/wholesale (52%), and garment manufacturing (48%).
Off-the-clock violations are also common among the following occupations: home health care workers (97%), maids/housekeepers (87%), cooks/dishwashers/food preparers (80%), security guards/janitors/grounds maintenance workers (78%), cashiers/retail workers/tellers/stock or office clerks (66%), construction workers (62%), production/packaging/warehouse workers (53%), and garment workers (50%).
Meal Break violations – Of the L.A. respondents surveyed, meal breaks violations are found in the following businesses: garment manufacturing (88%), domestic service (86%), food and furniture manufacturing (85%), transportation, warehousing and wholesale (83%), restaurants and hotels (82%), department stores and miscellaneous retail (79%), residential construction (79%), home health care/education/social assistance (71%), grocery and drug stores (69%) and building services (53%).
Meal break violations are also common among the following occupations: child care workers (96%), food service workers (93%), maids/housekeepers (93%), production workers (91%), security guards (88%), garment workers (87%), retail salespersons (84%), packaging/warehouse workers (83%), auto repair & car wash workers & parking lot attendants (83%), cashiers (83%), home health care workers (81%), cooks/dishwashers/food preparers (81%), grounds maintenance workers (81%), construction workers (77%), and tellers and stock or office clerks (69%).
The study revealed that workplace violation rates vary significantly by industry and occupation. It also stated that pay-related violations are often masked by non-hourly pay arrangements (for example: "flat rates" or "daily rates") or cash payments. Oftentimes, these payments are not accompanied by legally required pay stubs or earnings statements, which make it easier for employers to commit these violations. This, in turn, makes it harder for employees to assert their rights under the law.
Next week, we will discuss the study’s findings concerning which demographic (for example: gender, race/ethnicity, and immigration status) are most affected by these violations and what can be done to address them.
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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 27, 2010 in Asian Journal Los Angeles p. C3 )
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