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Billions stolen in wage theft from US workers

theguardian.com

11–20 of 457 posts

Re: Billions stolen in wage theft from US workers

#11
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

> misclassifying

Re: Billions stolen in wage theft from US workers

#12
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

> some people are perfectly happy to be independent contractors.

Literally nobody is denying that. The issue is that many companies are also happy to use the classification to their advantage when the roles don't meet the legal standard their society has put forth as the requirement for someone to be an independent contractor (largely e.g. genuine independence in their work).

Re: Billions stolen in wage theft from US workers

#13
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

Whether you are happy to be a contractor or not, there is a legal definition of contractor vs employee and it is often misrepresented to the detriment of the eponymous contractor.

Re: Billions stolen in wage theft from US workers

#14
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

> misclassifying

Another one is misclassifying non exempt employees as exempt, and not paying them for more than 40 hours per week. Big in immigrant circles where one or two people will operate a 24/7 or near 24/7 business and be called “managers” when they have no management autonomy.

Re: Billions stolen in wage theft from US workers

#15
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

Usually people are happy to be independent contractors because of the autonomy it brings.

The issue with misclassification is that a number of jobs don't actually have the level of autonomy needed to be legally classified as an independent contractor, and yet the company classifies them as one anyway to skimp out on benefits.

Re: Billions stolen in wage theft from US workers

#17
post #5

Earlier quoted context omitted.

My wife took a former employer to small claims court. It was as straight forward as it gets.

> “The process for filing a wage-theft complaint form is very onerous and cumbersome, so there’s an immediate obstacle in the process itself. But once that form is filed, it takes months if not years for the department of labor to even investigate it.”

It's different if you're just trying to get what you're obviously owed (especially if small-claims covers it) vs trying to stop the employer from pulling the same shit over and over.

Re: Billions stolen in wage theft from US workers

#18
post #5

Earlier quoted context omitted.

My wife took a former employer to small claims court. It was as straight forward as it gets.

> “The process for filing a wage-theft complaint form is very onerous and cumbersome, so there’s an immediate obstacle in the process itself. But once that form is filed, it takes months if not years for the department of labor to even investigate it.”

So we have here an anecdote vs. a biased narrative hmmm

Re: Billions stolen in wage theft from US workers

#19
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

They don't mean "Uber driver" or "Tech Consultant", they mean when businesses hire someone as a contractor for a set of roles and responsibilities that are legally a job, usually followed up by exploiting that distinction to pay less than minimum wage or flout other federal labor laws. Here is the latest ruling on how the distinction is made:

https://www.federalregister.gov/documents/2024/01/10/2024-00...

Re: Billions stolen in wage theft from US workers

#20
post #8

From the article: >> There are numerous forms of wage theft, from employers not compensating workers for time worked, violating minimum wage and overtime laws, misclassifying employees as independent contractors, not providing legally required meal breaks, confiscating worker tips, or illegally taking deductions from worker wages. Yeah, one of those isn't like the others. I know unions and the tax people hate it, but…

Plenty of jobs will pay you the state/federal minimum wage on a 1099. And if that is the case you aren't a contractor because a real contractor knows there is running costs to dba that aren't factored into those low pay rates. And as labor court has determined repeatedly, if you can't choose pay, hours, or location you aren't a contractor.
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