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Farmworker Rights| Wage Theft | Living Wage Campaigns | Solidarity | Take Action
WAGE THEFT
In many industries – meat processing, retail, restaurants, garment assembly and construction to name a few – there is a rampant crisis of wage theft. Simply put, workers are having legal wages stolen by unscrupulous employers trying to gain a competitive edge (advantage) over their law abiding competitors.
Governor Paterson signs Wage Theft Prevention Act
The governor signed the the Wage Theft Prevention Act (WTPA) into law on Dec. 13, 2010! According to his news release, the law "will enact a wide-ranging series of measures to provide information to workers on the wages they are owed, and to heighten sanctions on those who fail to pay their workers the compensation to which they are entitled." The law will go into effect on April 12, 2011.
"New York Wage Theft Law Raises the Bar," an article from the Labor Notes blog on Dec. 17, 2010, includes interviews with proponents of the law and information on its most significant provisions. The WTPA will allow a court or the NYS Labor Department to force employers to pay back wages plus another 100% in damages, up from 25 percent currently, according to the Albany Times Union. Read more at http://www.nysenate.gov/print/73856
"Wages belong to the workers," a commentary published in the Albany Times Union, explains its importance. Scroll down to learn more about wage theft.
Actions by local LRCs
Syracuse Coalition fights for workers abused by NY State Fair vendor
Click to view a 2:40 min. video from the Central NY LRC news conference on Nov. 18, 2010, the National Day of Action Against Wage Theft. It features the Rev.Kevin Agee of the Hopps Memorial Christian Methodist Episcopal Church in Syracuse speaking about the biblical imperative that directs employers to pay workers fairly at the end of the day.
The CNYLRC has asked for a meeting with State Fair officials to ensure that workplace standards are enforced.
Rebecca Fuentes, coordinator of the LRC affiliated Workers' Center of Central NY, described her meeting with guest workers from Mexico who were employed by NY State Fair vendor Pantelis Darageorgis and his company Peter's Fine Greek Food. She also spoke during the national telephone press conference to kick off the National Day of Action.
"A Shocking State Fair Scandal, Wage Theft Epidemic, Spur Nationwide Protests," [PDF] from In These Times provides information about the class-action lawsuit against the food service contractor at the New York State Fair who is charged with keeping workers in near-slavery conditions.
In decorated vehicles and in costume, Adirondack & Albany coalitions mobilize for worker rights Volunteers in the Glens Falls area learned about wage theft and other common violations of worker rights and protections and then organized two Car Caravans for Worker Justice on consecutive Saturdays in August 2010 to spread the word in Washington and Warren Counties. They started conversations with workers in laundromats and other settings, posted information and distributed a new worker rights brochure along with materials provided by the NYS Department of Labor, the US Department of Labor and OSHA. The caravans were a joint project of the Adirondack and Capital District Labor-Religion Coalitions in partnership with the NYS Department of Labor and the Albany office of OSHA (Occupational Safety and Health Administration). Representatives from eleven sponsoring groups participated in planning and outreach. See caravan photos and an update in the September issue of the CDLRC E-Newsletter. Caravan sponsors: |
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More about Wage Theft
View terrific coverage of the Wage Theft National Day of Action on Nov. 18, 2010, which included events in Syracuse and New York City.
Interfaith Worker Justice has also posted a YouTube video, WAGE THEFT: The Crime No One Talks About (4:53 min.).
Rabbi Michael Feinberg, Executive Director of the Greater New York Labor-Religion Coaition has written "Judaism and the Imperative of Ending Wage Theft," part of a series on wage theft from Interfaith Worker Justice.
The US Department of Labor's "We Can Help" campaign includes Spanish/ English public service announcements, a new Web site and a toll-free hotline, 866-4US-WAGE (487-9243). See US Labor Secretary sends message to America's under-paid and under-protected: 'We Can Help' (April 1, 2010)
Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in America’s Cities (September 2009) from the National Employment Law Project . Look for the three-page summary. Also see "Broken Laws, Unprotected Workers" from The American Prospect
The Wage Theft Online Resource Center provides clear information for workers and for worker advocates.
Can My Boss Do That? is an easy-to-use information source for workers with a special section for workers facing job loss.
Both these sites are connected with the national organization, Interfaith Worker Justice where wage theft resources include bulletin inserts and a Congregational Study Guide for Wage Theft In America—Why Millions of Working Americans are Not Getting Paid and What We Can Do About It, by IWJ director Kim Bobo.
IWJ's 23-page Thou Shalt Not Steal: Toolkit on Wage Theft is available in English and Spanish, o Hurtarás Herramientas Sobre el Robo de Salarios [PDF].
More on wage theft in New York state
The governor signed the the Wage Theft Prevention Act (WTPA) into law on Dec. 13, 2010 following its passage in the NY Assembly on Nov. 30, 2010. It was introduced in the NY Legislature in March 2010 by Sen. Diane Savino, D-Brooklyn-Staten Island (S 07050) and Assemblyman Carl Heastie, D-Bronx (A10163). See "Workers deserve to be paid," [PDF] in the Albany Times Union on April 5, 2010. Use the legislature's bill search feature.
In New York state, former Labor Commissioner Patricia Smith significantly stepped up enforcement of wage and hour violations: for example, when employers have not paid workers for the total number of hours they have worked, or not paid for overtime. Enforcement of wage violations is especially important for minimum wage workers who earn $7.25 an hour and depend upon every dollar to pay for food, clothing, shelter and transportation.
Governor Paterson announces record level of recovered wages returned to New Yorkers in 2009 (Dec. 31, 2009)
Targeted Labor Department investigation finds Ithaca restaurant workers victimized by wage theft (Dec. 10, 2009)
See the site of the Tompkins County Workers' Center for information about wage theft in several industries and strategies to help individuals recover what they are owed.
What is wage theft?
"Millions of workers in the U.S. suffer from wage theft – when they are not paid the wages they are legally owed. Wage theft also occurs whenever a worker is paid below the minimum wage; does not receive time and a half for overtime work; has to work 'off the clock'; is misclassified as an 'independent contractor' so that he receives a lump sum without overtime pay or benefits; or when a worker is not paid at all.” - Kim Bobo
During the 2009 FAST, the LRC invited congregations to focus on the issue of wage theft in light of the seventh commandment, Thou shalt not steal.
Media coverage on the issue of wage theft in connection with the 2009 FAST:
"WHEN A WORKER'S SALARY IS LIGHTER: Many employees are involved in wage theft, an unspoken nationwide crime wave," by Kim Bobo and Brian O'Shaughnessy. Perspective section, Sunday, Times Union, Albany, NY, March 29, 2009.
Albany Times Union, "Help wanted: Long hours, no pay"
Legislative Gazette, "Fast calls attention to wage theft" [go to p. 18 of issue as PDF]
New York Teacher, "Labor must take stand against wage theft"
CSEA Workforce, cover and article, "Wage theft: It's a bigger problem than you might think!"
Last Updated:12/20/2010
© Labor-Religion Coalition of New York State
