Violations Abound

A 2008 survey of 4,387 workers within low-wage industries in Chicago, Los Angeles, and New York City revealed that many of the laws meant to protect workers are frequently violated. Here are a few examples of the violations:

• Minimum Wage: 26% of workers were paid less than minimum wage.
• Overtime: 25% worked over 40 hours the previous week, but 76% of them were either underpaid or not paid at all for the time.
• Off-The-Clock: Almost 25% came in early and/or stayed late but 70% received no pay for work performed outside of their shift.
• Meal Break: 86% were legally entitled to at least one meal break during the previous week; however, 69% of them received no break at all, had their break shortened, were interrupted by their employer, or worked during the break.
• Pay Stub: 57% didn’t receive a proper pay stub with their pay from the previous week.
• Pay Deductions: 41% had improper deductions in their pay for damage/loss, work-related tools/materials or transportation.
• Retaliation: 20% had made a complaint to their employer or attempted to form a union in the last year. 43% of those experienced at least one form of retaliation by their employer or supervisor, such as being threatened with a pay cut or reduced hours, threatened with calls to immigration, or fired or suspended.
• Fear of Retaliation: Another 20% of workers did not make a complaint in the past year about dangerous working conditions or being paid below minimum wage. 50% of them were afraid of losing their job, 10% were afraid of having their hours/wages cut, and 36% didn’t think making a complaint would make a difference.

Businesses with under 100 employees were found to be at greater risk of violations than larger businesses. The survey results suggest that it’s a company’s broader business strategy that results in decisions about legal compliance. Be prepared to see the government crack down on these violations.

This survey information is from Broken Laws, Unprotected Workers, by Bernhardt, A.; Milkman, R.; Theodore, N.; etal.