The San Francisco Chronicle reports that sociological research has motivated Los Angeles city Councilman Richard Alarcón to take action to make nonpayment of wages illegal.
The issue:
“People think that just because they pick up somebody on the street or at a day laborer center that they don’t have the responsibility to pay them if they don’t like the work,” Alarcón said. “This would make it illegal for somebody to do that.”
Los Angeles would join a handful of cities, including Denver and Austin, Texas, that hold employers criminally responsible for not paying their employees. State and federal laws govern overtime, minimum wage and other labor standards, but the penalties typically are civil. A local ordinance would enable city prosecutors to file misdemeanor charges against employers.
The research:
Alarcón said he was motivated by a recent study that showed many low-wage workers in Los Angeles, New York and Chicago often don’t receive minimum wage or overtime pay. The study, based on interviews with more than 4,300 workers, found that 26 percent of workers weren’t paid minimum wage the week before and that 76 percent of those who worked overtime the previous week weren’t paid the proper overtime rate. According to the report, the violations were widespread and occurred in various industries, including construction, child care and apparel.
“We were shocked ourselves,” said Ruth Milkman, a University of California, Los Angeles sociology professor and one of the authors of the study.
Milkman said employers need to know the laws – and that there are consequences for not following them. “If criminal penalties are what is needed, there is no reason not to try that.”
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