Labor laws since the New Deal aren't working. They're not enforced, have been greatly weakened, are out of date, exempt some industries and occupations partially or entirely, and leave the most vulnerable, like immigrants, minorities and women, subject to exploitation.
Violations found in the week prior to the survey included:
-- 26% got below minimum wage pay;
-- 73% experiencing an overtime violation got only their regular hourly rate;
-- 19% were unpaid for overtime, and 8% were underpaid or promised "comp time;"
-- 17% weren't paid for off-the-clock work;
-- 18% were denied meal breaks;
-- 11% experienced meal break interruptions by employers or supervisors;
-- 12% worked through their meal breaks;
-- 43% got shorter than legally required meal breaks;
-- 4% were paid late;
-- 57% got no pay stub;
-- 2% had illegal pay deductions;
-- 2% had tips stolen;
-- 6% of tipped workers were paid below their legal minimum wage; and
-- 77% of Los Angeles workers were denied or got a shortened rest break.
Violations in the previous 12-month period included:
-- 28% worked off-the-clock without pay;
-- 25% were paid late;
-- 17% were paid less than owed;
-- 6% weren't paid at all;
-- 3% were subjected to repeated verbal abuses;
-- 5% experienced employer retaliation for complaining or attempting to organize a union;
-- 5% were denied worker compensation for the most recent on-the-job injury; and
-- 6% of tipped workers were paid below their legal minimum wage.
Minimum Wage Violations
Employers must pay all workers (full or part-time, documented or undocumented) at or above federal or state minimum wages, whichever is higher. Yet 26% of those surveyed were underpaid, and the amounts weren't trivial as 60% lost on average $1.43 per hour.
Overtime Violations
The Fair Labor Standards Act (FLSA) mandates "time and a half" pay for all covered employees for weekly hours worked exceeding 40. Yet 73% of "at risk" workers weren't paid the legally required rate, and 19% overall were unpaid or underpaid for overtime.
"Off-the-Clock" Violations
This is work taking place before or after regular shifts. Employers are legally required to pay for all hours worked. Yet often they take advantage and don't.
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