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"content": "\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11957505/campesinos-denunciaron-a-un-vinedo-por-abusos-laborales-y-ganaron\">Leer en español\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"#correction\">This story contains a correction.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>[dropcap]M[/dropcap]auritson Farms Inc. in Sonoma County will pay $328,077 to \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">21 of its former workers\u003c/a> as part of a \u003ca href=\"https://s3.documentcloud.org/documents/23885712/settlement-agreement-june-2023.pdf\">settlement\u003c/a> with the California Agricultural Labor Relations Board (ALRB) — the largest monetary settlement the agency has reached at its Santa Rosa office. ALRB officials, along with dozens of labor advocates and farmworkers, announced the settlement at a press conference Monday evening in Healdsburg.\u003c/p>\n\u003cp>Mauritson Farms Inc., which manages vineyards, is a separate and distinct business from \u003ca href=\"https://www.mauritsonwines.com/About-Us/Our-Team\">Mauritson Wines\u003c/a>. Both businesses are owned by the Mauritson family.\u003c/p>\n\u003cp>Following an investigation spurred by the farmworkers’ complaints, ALRB officials determined that Mauritson Farms retaliated against an entire crew of former employees because some of them organized at the end of the 2021 growing season to speak out against unsafe working conditions in Mauritson’s vineyards.\u003c/p>\n\u003cp>“We must recognize that this is a victory started by workers to defend not just their rights, but their dignity as well,” said organizer Davin Cárdenas at Monday’s conference. Cárdenas is the director of organizing at North Bay Jobs With Justice (NBJWJ), a labor rights group that supported the former Mauritson employees through the ALRB investigation.\u003c/p>\n\u003cp>“This is a case that sets a precedent for other workers in the region,” he said.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Miguel Ángel Bravo Silva, one of the six laborers who spoke up about their treatment at Mauritson\"]‘After so much abuse, I think it’s fair that our rights are respected and we are respected for who we are.’[/pullquote]The workers involved were immigrants from Oaxaca, Mexico, and were in the country on an H-2A visa, which lets agricultural workers stay in the U.S. for limited periods of time. KQED first reported last year that despite promises from company leadership, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">none of the workers who spoke out were called back from Oaxaca for the 2022 season\u003c/a>. In its complaint filed against Mauritson this past March, the ALRB \u003ca href=\"https://s3.documentcloud.org/documents/23885711/alrb-complaint-march-2023.pdf\">determined that Mauritson not rehiring these laborers constituted an illegal labor practice\u003c/a>.\u003c/p>\n\u003cp>“When I got the news, I thanked God it went this way, because this was not at all easy. We were very afraid to speak up. It was a complicated process but you have to let go of that fear,” said Martín Sandoval Rivera, one of the workers who spoke up against the conditions at Mauritson Farms. He’s currently in Oaxaca, working several jobs to support his wife who is expecting their first child.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Sandoval Rivera and his colleagues said they experienced verbal harassment from their supervisor, were denied shade while working in the fields on days hotter than 90 degrees and did not receive their break and lunch periods on a few occasions — all of which violates California labor regulations. Six of the workers, including Sandoval Rivera, sought the support of labor rights group North Bay Jobs With Justice (NBJWJ) to mediate the situation. NBJWJ arranged a meeting with the workers and company higher-ups in October 2021.\u003c/p>\n\u003cp>At that meeting, vineyard manager Cameron Mauritson promised that conditions would improve and assured the workers that he would hire them again in 2022 — relieving the workers’ biggest worry: being denied future employment for speaking up. Then the company — which workers said had previously handled the recruitment process directly using social media — chose to contract with a third-party recruiter, CIERTO Global, to handle hiring for the 2022 season.\u003c/p>\n\u003cp>The group from Oaxaca never had a real chance to come back. According to the ALRB complaint, CIERTO Global recruits exclusively from a completely different state in Mexico for grape-growing companies. On top of that, screengrabs from a Facebook group the Oaxacan workers shared with KQED showed that Mauritson management shared incorrect information on how workers should contact CIERTO for future employment. CIERTO representatives confirmed to KQED that Mauritson’s instructions to either submit a form at a specific location on CIERTO’s website or to email a given email address were false.\u003c/p>\n\u003cp>“These instructions do not reflect our practices involving any of the workers we serve,” a CIERTO representative said in an emailed response. “Mauritson’s instructions were not cleared or disseminated by CIERTO.”\u003c/p>\n\u003cp>[aside postID=news_11918317]When the workers realized what was happening, they alerted NBJWJ. In February 2022, organizers filed a claim with the ALRB on behalf of the six workers who attended the meeting with Mauritson. Six initially spoke up — but in its investigation, the ALRB found that Mauritson retaliated against the entire 21-person team the six workers belonged to.\u003c/p>\n\u003cp>The $328,077 settlement, which will benefit all 21 laborers, represents what the workers lost by missing the 2022 growing season, according to calculations from the ALRB. A hearing with an administrative law judge had been scheduled for later this summer, but the settlement concludes this process.\u003c/p>\n\u003cp>In a statement emailed to KQED, Mauritson Farms declared that it “strongly believes that [it was] not in any violation of the Agricultural Labor Relations Act (ALRA). This settlement is strictly a business decision that allows us to resolve this issue without the need for further litigation.”\u003c/p>\n\u003cfigure id=\"attachment_11956408\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11956408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED.jpg\" alt='A group of people sit together holding signs reading \"La Unión Hace La Fuerza\" in an outdoor setting.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Farmworkers Antonio Flores (left) and his son Mateo, Rosalba Gutierrez (center) and Valentina Sosa (right) sit at the NBJWJ press conference announcing the settlement with Mauritson at Healdsburg Plaza on Monday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“After so much abuse, I think it’s fair that our rights are respected and we are respected for who we are,” said Miguel Ángel Bravo Silva, one of the six laborers who met with Mauritson. During the past year and a half, he’s hustled to work any job he can find in his rural Oaxacan community to support his wife and two children, and at the same time, kept in touch with ALRB officials who were investigating the situation.\u003c/p>\n\u003cp>For months, the ALRB worked to track down the 21 workers who were not rehired. After the 2021 season ended, many returned to remote villages in Oaxaca, where access to the internet and cell phone reception is extremely limited and for some, non-existent. Tracking folks down was one challenge, said ALRB regional director Jessica Arciniega. The other was establishing trust.\u003c/p>\n\u003cp>“With many of our cases, there’s challenges in maintaining communication with workers,” she said. “They [could be] unfamiliar with our process, they [could be] unfamiliar with us, as a government agency. and what we actually do. So they may not always feel 100% ready or comfortable to share all of this information.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Ana Salgado, former farmworker and member of the NBJWJ board\"]‘So many [H-2A laborers] are afraid of losing the opportunity they have… They may be experiencing many abuses but they do not want to say anything because they are afraid of losing what they consider to be a privilege.’[/pullquote]Workers are not just afraid of experiencing further retaliation from the same employer, but \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">as KQED reported last year, many H-2A employers use a network of recruiters to block workers who speak up from finding a job\u003c/a> in other agricultural industries. In that same story, KQED shared the story of Kevin and Samuel, two former Mauritson employees who were among the six that initially spoke up.\u003c/p>\n\u003cp>Kevin and Samuel were actually aliases for Sandoval Rivera and Bravo Silva, respectively.\u003c/p>\n\u003cp>At the time, both men were very afraid of what the repercussions would be if they shared their identities publicly during the ALRB investigation. As weeks turned into months, Sandoval Rivera felt less and less confident that there would be an answer from officials, especially as his family’s economic situation worsened. “Necessity makes you think many things,” he said.\u003c/p>\n\u003cp>Nevertheless, he and Bravo Silva are glad they waited for the results of the investigation and the settlement. This won’t just benefit them, Bravo Silva says, “but also the immigrant workers who are now working at that company, so that they are respected more and they don’t feel alone. There are laws that protect agricultural workers.”\u003c/p>\n\u003ch2>Celebrating a hard-won victory\u003c/h2>\n\u003cp>With banners and signs — many of them emblazoned with Emiliano Zapata’s quote “La tierra es de quien la trabaja,” or “The land belongs to those who work it with their hands” — farmworkers and NBJWJ organizers filled up part of Healdsburg’s main plaza for Monday’s press conference.\u003c/p>\n\u003cp>“You represent the farmworkers who are not able to be here today but whose courage has left us this legacy: that by fighting and finding allies, we, as workers, can achieve many things,” said Ana Salgado former farmworker, community organizer and member of the NBJWJ board.\u003c/p>\n\u003cfigure id=\"attachment_11956412\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11956412\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED.jpg\" alt='A person wearing earrings speaks in front of others holding signs reading \"La Unión Hace la Fuerza\" and \"Farmworkers Deserve Disaster Pay\" in an outdoor setting.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">NBJWJ board member and former farmworker Ana Salgado (center) speaks at Monday’s press conference at Healdsburg Plaza. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Only a few blocks away from that plaza is the community center where Salgado originally met several of the men then working for Mauritson. She remembers the first conversations she had with the laborers.\u003c/p>\n\u003cp>“I looked at one of them and saw the worry in his face,” she said in Spanish, “I reached out to hold his hands and told him, ‘you can open up now, you’re in a safe space.’”\u003c/p>\n\u003cp>“So many [H-2A laborers] are afraid of losing the opportunity they have because employers tell them that it is a privilege to be brought from Mexico with a visa,” she explained. “They may be experiencing many abuses but they do not want to say anything because they are afraid of losing what they consider to be a privilege.”\u003c/p>\n\u003ch2>‘Just law on paper’\u003c/h2>\n\u003cp>The H-2A visa program is the successor of the Bracero Program, \u003ca href=\"https://www.npr.org/sections/thesalt/2018/07/31/634442195/when-the-u-s-government-tried-to-replace-migrant-farmworkers-with-high-schoolers\">which brought Mexican workers to American farms during the 1940s\u003c/a>. The current H-2A system now brings laborers from all over the world to work in the U.S. and as part of the program, employers must provide housing, transportation and meals — giving businesses an incredible amount of power over the personal lives of their workers.\u003c/p>\n\u003cp>And just like the Bracero Program, \u003ca href=\"https://prismreports.org/2023/04/14/h2a-visa-wage-theft-exploitation/\">the H-2A system is rife with wage theft, physical and mental abuse of employees and retaliation from employers for workers who speak up\u003c/a>, according to an 18-month investigation by Prism, Futuro Investigates, and Latino USA published in April.\u003c/p>\n\u003cfigure id=\"attachment_11956409\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11956409\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED.jpg\" alt='A person with a shaved head speaks in front of others holding signs reading \"Farmworkers Deserve Disaster Pay\" in an outdoor setting.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">NBJWJ Director Davin Cárdenas speaks at Monday’s press conference at Healdsburg Plaza. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Both the federal government and California have beefed up their labor laws since the 1940s, so why does abuse of H-2A laborers persist?\u003c/p>\n\u003cp>One reason is that regulatory agencies need more personnel and resources to enforce labor standards, says Josephine Weinberg, attorney with California Rural Legal Assistance (CRLA), a nonprofit law firm that represents farmworkers who have experienced retaliation and workplace abuse.\u003c/p>\n\u003cp>“We have agencies in place. We have a lot of the rules in place. But the mechanisms to really enforce those rules and monitor are really lacking. So it really is just law on paper,” she said.\u003c/p>\n\u003cp>About 1 in 3 positions remain vacant at the California Labor Commissioner’s Office, one of the agencies tasked with investigating wage theft and retaliation across all industries in the state. Such understaffing leaves current staff overburdened with cases, which means workers who file a complaint often have to wait years for a result. \u003ca href=\"https://www.kqed.org/news/11955920/california-wage-theft-investigators-staffing-crisis\">Dozens of agency employees implored lawmakers to take action in a letter obtained by KQED earlier this month\u003c/a>, arguing that “we are failing in our mission if we cannot hire and retain the necessary staff.”\u003c/p>\n\u003cp>[aside postID=news_11955920]Over at the ALRB, regional director Arciniega points out that her agency has five offices spread over several agricultural regions, “but California is a humongous state and there’s a lot of farmworkers throughout the state.”\u003c/p>\n\u003cp>“We don’t have offices in all of the agricultural regions,” she said, “so we do our best in this large state to cover wherever workers are.” She adds that the department works closely with community and labor organizations, like NBJWJ, to connect with laborers.\u003c/p>\n\u003cp>But labor advocates insist that more must be done to better enforce labor standards and improve the H-2A program as a whole. Weinberg with the CRLA adds that regulators need to monitor farms more closely, with randomized visits during the growing season. And on the flip side, employers must make it easier for agencies and labor groups to speak to farmworkers in an unrestricted manner.\u003c/p>\n\u003cp>The way the H-2A program was designed, where businesses have direct control over their employees’ housing, transportation, immigration status and even food, makes it incredibly difficult for laborers to speak freely.\u003c/p>\n\u003cp>“They don’t have access to a place where they feel that they can speak confidentially or anonymously about what’s going on,” Weinberg said.\u003c/p>\n\u003cp>On July 19, Gov. Gavin Newsom \u003ca href=\"https://www.kqed.org/news/11956315/some-migrant-farmworkers-to-get-free-legal-help-with-immigration\">announced a $4.5 million pilot program to provide free immigration legal services to farmworkers who are involved in state labor investigations\u003c/a>. This would include case review services, legal advice and representation by an attorney to laborers in California who have a pending case with either the ALRB, the Labor Commissioner’s Office or Cal/OSHA.\u003c/p>\n\u003cp>[aside postID=news_11956315]The goal of this program, officials say, is to address one of the fears that prevents employees from speaking up — the fear of losing their visa or not being rehired — by connecting them to immigration experts who could help them find ways to stay in this country. And earlier this year, \u003ca href=\"https://www.kqed.org/news/11940316/fear-of-deportation-keeps-some-workers-from-reporting-labor-abuses-a-new-biden-program-aims-to-change-that\">the Biden administration unveiled a new, streamlined “deferred action” initiative\u003c/a> that allows workers to apply for a work permit and two years of protection from deportation, if they are cooperating with a labor rights investigation.\u003c/p>\n\u003cp>But above all, what really helps folks feel safe enough to speak up, Salgado from NBJWJ says, is knowing that there are cases when the system works in favor of workers. “Without a doubt, the outcome from the Mauritson case, reaffirms the faith amongst ourselves, but also the credibility of the work we do when we go out to talk to the workers.”\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"correction\">\u003c/a>Editor’s note: The original version of this story mischaracterized Mauritson Farms, Inc. as a winery. The story has been updated to clarify the relationship between Mauritson Farms, Inc. and Mauritson Wines.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Farida Jhabvala Romero and Tyche Hendricks.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Mauritson Farms Inc. will pay $328,077 to 21 former workers from Oaxaca after California regulators found the Healdsburg company retaliated against them.",
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"title": "How Workers Took on a Sonoma County Vineyard Company Over Abuses — and Won | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003ca href=\"https://www.kqed.org/news/11957505/campesinos-denunciaron-a-un-vinedo-por-abusos-laborales-y-ganaron\">Leer en español\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"#correction\">This story contains a correction.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">M\u003c/span>\u003c/p>\u003cp>auritson Farms Inc. in Sonoma County will pay $328,077 to \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">21 of its former workers\u003c/a> as part of a \u003ca href=\"https://s3.documentcloud.org/documents/23885712/settlement-agreement-june-2023.pdf\">settlement\u003c/a> with the California Agricultural Labor Relations Board (ALRB) — the largest monetary settlement the agency has reached at its Santa Rosa office. ALRB officials, along with dozens of labor advocates and farmworkers, announced the settlement at a press conference Monday evening in Healdsburg.\u003c/p>\n\u003cp>Mauritson Farms Inc., which manages vineyards, is a separate and distinct business from \u003ca href=\"https://www.mauritsonwines.com/About-Us/Our-Team\">Mauritson Wines\u003c/a>. Both businesses are owned by the Mauritson family.\u003c/p>\n\u003cp>Following an investigation spurred by the farmworkers’ complaints, ALRB officials determined that Mauritson Farms retaliated against an entire crew of former employees because some of them organized at the end of the 2021 growing season to speak out against unsafe working conditions in Mauritson’s vineyards.\u003c/p>\n\u003cp>“We must recognize that this is a victory started by workers to defend not just their rights, but their dignity as well,” said organizer Davin Cárdenas at Monday’s conference. Cárdenas is the director of organizing at North Bay Jobs With Justice (NBJWJ), a labor rights group that supported the former Mauritson employees through the ALRB investigation.\u003c/p>\n\u003cp>“This is a case that sets a precedent for other workers in the region,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The workers involved were immigrants from Oaxaca, Mexico, and were in the country on an H-2A visa, which lets agricultural workers stay in the U.S. for limited periods of time. KQED first reported last year that despite promises from company leadership, \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">none of the workers who spoke out were called back from Oaxaca for the 2022 season\u003c/a>. In its complaint filed against Mauritson this past March, the ALRB \u003ca href=\"https://s3.documentcloud.org/documents/23885711/alrb-complaint-march-2023.pdf\">determined that Mauritson not rehiring these laborers constituted an illegal labor practice\u003c/a>.\u003c/p>\n\u003cp>“When I got the news, I thanked God it went this way, because this was not at all easy. We were very afraid to speak up. It was a complicated process but you have to let go of that fear,” said Martín Sandoval Rivera, one of the workers who spoke up against the conditions at Mauritson Farms. He’s currently in Oaxaca, working several jobs to support his wife who is expecting their first child.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Sandoval Rivera and his colleagues said they experienced verbal harassment from their supervisor, were denied shade while working in the fields on days hotter than 90 degrees and did not receive their break and lunch periods on a few occasions — all of which violates California labor regulations. Six of the workers, including Sandoval Rivera, sought the support of labor rights group North Bay Jobs With Justice (NBJWJ) to mediate the situation. NBJWJ arranged a meeting with the workers and company higher-ups in October 2021.\u003c/p>\n\u003cp>At that meeting, vineyard manager Cameron Mauritson promised that conditions would improve and assured the workers that he would hire them again in 2022 — relieving the workers’ biggest worry: being denied future employment for speaking up. Then the company — which workers said had previously handled the recruitment process directly using social media — chose to contract with a third-party recruiter, CIERTO Global, to handle hiring for the 2022 season.\u003c/p>\n\u003cp>The group from Oaxaca never had a real chance to come back. According to the ALRB complaint, CIERTO Global recruits exclusively from a completely different state in Mexico for grape-growing companies. On top of that, screengrabs from a Facebook group the Oaxacan workers shared with KQED showed that Mauritson management shared incorrect information on how workers should contact CIERTO for future employment. CIERTO representatives confirmed to KQED that Mauritson’s instructions to either submit a form at a specific location on CIERTO’s website or to email a given email address were false.\u003c/p>\n\u003cp>“These instructions do not reflect our practices involving any of the workers we serve,” a CIERTO representative said in an emailed response. “Mauritson’s instructions were not cleared or disseminated by CIERTO.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>When the workers realized what was happening, they alerted NBJWJ. In February 2022, organizers filed a claim with the ALRB on behalf of the six workers who attended the meeting with Mauritson. Six initially spoke up — but in its investigation, the ALRB found that Mauritson retaliated against the entire 21-person team the six workers belonged to.\u003c/p>\n\u003cp>The $328,077 settlement, which will benefit all 21 laborers, represents what the workers lost by missing the 2022 growing season, according to calculations from the ALRB. A hearing with an administrative law judge had been scheduled for later this summer, but the settlement concludes this process.\u003c/p>\n\u003cp>In a statement emailed to KQED, Mauritson Farms declared that it “strongly believes that [it was] not in any violation of the Agricultural Labor Relations Act (ALRA). This settlement is strictly a business decision that allows us to resolve this issue without the need for further litigation.”\u003c/p>\n\u003cfigure id=\"attachment_11956408\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11956408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED.jpg\" alt='A group of people sit together holding signs reading \"La Unión Hace La Fuerza\" in an outdoor setting.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67230_20230724-NBJWJPresser-10-JY-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Farmworkers Antonio Flores (left) and his son Mateo, Rosalba Gutierrez (center) and Valentina Sosa (right) sit at the NBJWJ press conference announcing the settlement with Mauritson at Healdsburg Plaza on Monday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“After so much abuse, I think it’s fair that our rights are respected and we are respected for who we are,” said Miguel Ángel Bravo Silva, one of the six laborers who met with Mauritson. During the past year and a half, he’s hustled to work any job he can find in his rural Oaxacan community to support his wife and two children, and at the same time, kept in touch with ALRB officials who were investigating the situation.\u003c/p>\n\u003cp>For months, the ALRB worked to track down the 21 workers who were not rehired. After the 2021 season ended, many returned to remote villages in Oaxaca, where access to the internet and cell phone reception is extremely limited and for some, non-existent. Tracking folks down was one challenge, said ALRB regional director Jessica Arciniega. The other was establishing trust.\u003c/p>\n\u003cp>“With many of our cases, there’s challenges in maintaining communication with workers,” she said. “They [could be] unfamiliar with our process, they [could be] unfamiliar with us, as a government agency. and what we actually do. So they may not always feel 100% ready or comfortable to share all of this information.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Workers are not just afraid of experiencing further retaliation from the same employer, but \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">as KQED reported last year, many H-2A employers use a network of recruiters to block workers who speak up from finding a job\u003c/a> in other agricultural industries. In that same story, KQED shared the story of Kevin and Samuel, two former Mauritson employees who were among the six that initially spoke up.\u003c/p>\n\u003cp>Kevin and Samuel were actually aliases for Sandoval Rivera and Bravo Silva, respectively.\u003c/p>\n\u003cp>At the time, both men were very afraid of what the repercussions would be if they shared their identities publicly during the ALRB investigation. As weeks turned into months, Sandoval Rivera felt less and less confident that there would be an answer from officials, especially as his family’s economic situation worsened. “Necessity makes you think many things,” he said.\u003c/p>\n\u003cp>Nevertheless, he and Bravo Silva are glad they waited for the results of the investigation and the settlement. This won’t just benefit them, Bravo Silva says, “but also the immigrant workers who are now working at that company, so that they are respected more and they don’t feel alone. There are laws that protect agricultural workers.”\u003c/p>\n\u003ch2>Celebrating a hard-won victory\u003c/h2>\n\u003cp>With banners and signs — many of them emblazoned with Emiliano Zapata’s quote “La tierra es de quien la trabaja,” or “The land belongs to those who work it with their hands” — farmworkers and NBJWJ organizers filled up part of Healdsburg’s main plaza for Monday’s press conference.\u003c/p>\n\u003cp>“You represent the farmworkers who are not able to be here today but whose courage has left us this legacy: that by fighting and finding allies, we, as workers, can achieve many things,” said Ana Salgado former farmworker, community organizer and member of the NBJWJ board.\u003c/p>\n\u003cfigure id=\"attachment_11956412\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11956412\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED.jpg\" alt='A person wearing earrings speaks in front of others holding signs reading \"La Unión Hace la Fuerza\" and \"Farmworkers Deserve Disaster Pay\" in an outdoor setting.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67238_20230724-NBJWJPresser-16-JY-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">NBJWJ board member and former farmworker Ana Salgado (center) speaks at Monday’s press conference at Healdsburg Plaza. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Only a few blocks away from that plaza is the community center where Salgado originally met several of the men then working for Mauritson. She remembers the first conversations she had with the laborers.\u003c/p>\n\u003cp>“I looked at one of them and saw the worry in his face,” she said in Spanish, “I reached out to hold his hands and told him, ‘you can open up now, you’re in a safe space.’”\u003c/p>\n\u003cp>“So many [H-2A laborers] are afraid of losing the opportunity they have because employers tell them that it is a privilege to be brought from Mexico with a visa,” she explained. “They may be experiencing many abuses but they do not want to say anything because they are afraid of losing what they consider to be a privilege.”\u003c/p>\n\u003ch2>‘Just law on paper’\u003c/h2>\n\u003cp>The H-2A visa program is the successor of the Bracero Program, \u003ca href=\"https://www.npr.org/sections/thesalt/2018/07/31/634442195/when-the-u-s-government-tried-to-replace-migrant-farmworkers-with-high-schoolers\">which brought Mexican workers to American farms during the 1940s\u003c/a>. The current H-2A system now brings laborers from all over the world to work in the U.S. and as part of the program, employers must provide housing, transportation and meals — giving businesses an incredible amount of power over the personal lives of their workers.\u003c/p>\n\u003cp>And just like the Bracero Program, \u003ca href=\"https://prismreports.org/2023/04/14/h2a-visa-wage-theft-exploitation/\">the H-2A system is rife with wage theft, physical and mental abuse of employees and retaliation from employers for workers who speak up\u003c/a>, according to an 18-month investigation by Prism, Futuro Investigates, and Latino USA published in April.\u003c/p>\n\u003cfigure id=\"attachment_11956409\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11956409\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED.jpg\" alt='A person with a shaved head speaks in front of others holding signs reading \"Farmworkers Deserve Disaster Pay\" in an outdoor setting.' width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/RS67234_20230724-NBJWJPresser-13-JY-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">NBJWJ Director Davin Cárdenas speaks at Monday’s press conference at Healdsburg Plaza. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Both the federal government and California have beefed up their labor laws since the 1940s, so why does abuse of H-2A laborers persist?\u003c/p>\n\u003cp>One reason is that regulatory agencies need more personnel and resources to enforce labor standards, says Josephine Weinberg, attorney with California Rural Legal Assistance (CRLA), a nonprofit law firm that represents farmworkers who have experienced retaliation and workplace abuse.\u003c/p>\n\u003cp>“We have agencies in place. We have a lot of the rules in place. But the mechanisms to really enforce those rules and monitor are really lacking. So it really is just law on paper,” she said.\u003c/p>\n\u003cp>About 1 in 3 positions remain vacant at the California Labor Commissioner’s Office, one of the agencies tasked with investigating wage theft and retaliation across all industries in the state. Such understaffing leaves current staff overburdened with cases, which means workers who file a complaint often have to wait years for a result. \u003ca href=\"https://www.kqed.org/news/11955920/california-wage-theft-investigators-staffing-crisis\">Dozens of agency employees implored lawmakers to take action in a letter obtained by KQED earlier this month\u003c/a>, arguing that “we are failing in our mission if we cannot hire and retain the necessary staff.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Over at the ALRB, regional director Arciniega points out that her agency has five offices spread over several agricultural regions, “but California is a humongous state and there’s a lot of farmworkers throughout the state.”\u003c/p>\n\u003cp>“We don’t have offices in all of the agricultural regions,” she said, “so we do our best in this large state to cover wherever workers are.” She adds that the department works closely with community and labor organizations, like NBJWJ, to connect with laborers.\u003c/p>\n\u003cp>But labor advocates insist that more must be done to better enforce labor standards and improve the H-2A program as a whole. Weinberg with the CRLA adds that regulators need to monitor farms more closely, with randomized visits during the growing season. And on the flip side, employers must make it easier for agencies and labor groups to speak to farmworkers in an unrestricted manner.\u003c/p>\n\u003cp>The way the H-2A program was designed, where businesses have direct control over their employees’ housing, transportation, immigration status and even food, makes it incredibly difficult for laborers to speak freely.\u003c/p>\n\u003cp>“They don’t have access to a place where they feel that they can speak confidentially or anonymously about what’s going on,” Weinberg said.\u003c/p>\n\u003cp>On July 19, Gov. Gavin Newsom \u003ca href=\"https://www.kqed.org/news/11956315/some-migrant-farmworkers-to-get-free-legal-help-with-immigration\">announced a $4.5 million pilot program to provide free immigration legal services to farmworkers who are involved in state labor investigations\u003c/a>. This would include case review services, legal advice and representation by an attorney to laborers in California who have a pending case with either the ALRB, the Labor Commissioner’s Office or Cal/OSHA.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The goal of this program, officials say, is to address one of the fears that prevents employees from speaking up — the fear of losing their visa or not being rehired — by connecting them to immigration experts who could help them find ways to stay in this country. And earlier this year, \u003ca href=\"https://www.kqed.org/news/11940316/fear-of-deportation-keeps-some-workers-from-reporting-labor-abuses-a-new-biden-program-aims-to-change-that\">the Biden administration unveiled a new, streamlined “deferred action” initiative\u003c/a> that allows workers to apply for a work permit and two years of protection from deportation, if they are cooperating with a labor rights investigation.\u003c/p>\n\u003cp>But above all, what really helps folks feel safe enough to speak up, Salgado from NBJWJ says, is knowing that there are cases when the system works in favor of workers. “Without a doubt, the outcome from the Mauritson case, reaffirms the faith amongst ourselves, but also the credibility of the work we do when we go out to talk to the workers.”\u003c/p>\n\u003cp>\u003cem>\u003ca id=\"correction\">\u003c/a>Editor’s note: The original version of this story mischaracterized Mauritson Farms, Inc. as a winery. The story has been updated to clarify the relationship between Mauritson Farms, Inc. and Mauritson Wines.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED’s Farida Jhabvala Romero and Tyche Hendricks.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Some Migrant Farmworkers to Get Free Legal Help With Immigration",
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"content": "\u003cp>California will begin paying for free legal help with immigration for undocumented farmworkers who are involved in state investigations of wage theft or other labor violations, Gov. Gavin Newsom’s office announced last week.\u003c/p>\n\u003cp>The $4.5 million pilot program will provide qualifying farmworkers with referrals for legal help with their immigration status. \u003c/p>\n\u003cp>Roughly half of California’s farmworker population is believed to be undocumented. Fear of deportation and difficulties finding jobs \u003ca href=\"https://www.kqed.org/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation\">can discourage workers from filing labor complaints\u003c/a> or serving as witnesses in cases alleging unsafe work temperatures, wage theft, or employer retaliation for unionizing, officials said. \u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Maria Elena De La Garza, executive director, Community Action Board of Santa Cruz County\"]‘The time is now for us to ensure that immigrant labor rights are upheld and respected.’[/pullquote]“Farmworkers are the backbone of our economy, and we won’t stand by as bad actors use the threat of deportation as a form of exploitation,” Newsom \u003ca href=\"https://www.gov.ca.gov/2023/07/19/california-providing-free-legal-services-for-undocumented-farmworkers/\">said in a press release\u003c/a>. “In the absence of Congress modernizing our broken, outdated immigration system, California continues our efforts to support immigrant families.”\u003c/p>\n\u003cp>State labor investigations into wage theft and other violations often take years to resolve, a \u003ca href=\"https://calmatters.org/california-divide/2022/11/california-wage-theft-workers/?series=unpaid-wages-california-workers\">CalMatters investigation revealed last year\u003c/a>. \u003c/p>\n\u003cp>Sometimes workers give up the battle.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>Respecting immigrant rights\u003c/h2>\n\u003cp>Farmworkers in labor investigations who qualify for the new state program will receive a direct referral to legal services organizations that already offer immigration services, such as the Community Action Board of Santa Cruz County or the United Farm Workers Foundation, which spoke in support of the program. \u003c/p>\n\u003cp>[aside postID=news_11918317 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/06/FarmworkersIlloVignet-1020x659.jpg']The free legal services workers could receive include case review, legal advice and representation by an attorney, according to Newsom’s office.\u003c/p>\n\u003cp>“The time is now for us to ensure that immigrant labor rights are upheld and respected,” said Maria Elena De La Garza, executive director of the Community Action Board of Santa Cruz County. “We commend the state for supporting this pilot, which will help ensure that legal services are available and accessible through partnerships with trusted community-based organizations across California.”\u003c/p>\n\u003cp>State officials did not answer questions about when the program would begin this year, which community organizations it would partner with, or how many cases the pilot program is expected to process.\u003c/p>\n\u003cp>Funding for the pilot program will come from the $45 million the state annually allocates for immigration services from the California Department of Social Services, said Erin Hickey, spokesperson for the California Labor & Workforce Development Agency. The state is still completing contracts with selected immigration service providers, she said. \u003c/p>\n\u003ch2>Deferred deportation\u003c/h2>\n\u003cp>State officials said the pilot program aligns with a \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations\">new Biden administration policy\u003c/a> that makes it easier for undocumented workers who are victims of labor rights violations to request deferred action from deportation. Because the federal Department of Homeland Security can’t respond to all immigration violations, it exercises “prosecutorial discretion” to decide who to try to deport.\u003c/p>\n\u003cp>\u003ca href=\"https://www.dir.ca.gov/dlse/dhs_deferred_action_FAQ.htm\">State officials said\u003c/a> they won’t ask for workers’ immigration status, but noncitizens granted this deferred action may be eligible for work authorization.\u003c/p>\n\u003cp>[aside postID=\"news_11955359,news_11955083,news_11940316\" label=\"Related Stories\"]This year, California labor department officials \u003ca href=\"https://www.dir.ca.gov/dlse/dhs_deferred_action_FAQ.htm\">began supporting\u003c/a> undocumented workers’ \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations\">requests for prosecutorial discretion\u003c/a> or deferred action from federal immigration officials, including when employers threaten workers with immigration enforcement to prevent workers from cooperating with state investigators. \u003c/p>\n\u003cp>“The Department of Industrial Relations’ Labor Commissioner’s Office … was the first state agency to request deferred action from DHS for employees in an active investigation, and that request was successful,” Hickey said. “This is an important process for undocumented workers to be aware of.” \u003c/p>\n\u003cp>A point person assigned to the pilot program will help connect farmworkers with legal service providers. Other state labor agencies already have staffers working with federal immigration officials on prosecutorial discretion cases.\u003c/p>\n\u003cp>Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/esmeralda-soria-1982/\">Esmerelda Soria\u003c/a>, a Merced Democrat and new chairperson of the Assembly Agriculture Committee, said this is a welcome way to ensure farmworkers among her Central Valley constituents won’t be exploited. Although other organizations serving farmworkers provide similar types of legal aid, she said, funding rarely matches the need.\u003c/p>\n\u003cp>“I think that in the absence of comprehensive immigration reform, California acknowledges that we have a broken system,” Soria told CalMatters. “Especially in the region that I represent, farmworkers are really the backbone of one of the largest agricultural economies in the country.”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Farmworkers are the backbone of our economy, and we won’t stand by as bad actors use the threat of deportation as a form of exploitation,” Newsom \u003ca href=\"https://www.gov.ca.gov/2023/07/19/california-providing-free-legal-services-for-undocumented-farmworkers/\">said in a press release\u003c/a>. “In the absence of Congress modernizing our broken, outdated immigration system, California continues our efforts to support immigrant families.”\u003c/p>\n\u003cp>State labor investigations into wage theft and other violations often take years to resolve, a \u003ca href=\"https://calmatters.org/california-divide/2022/11/california-wage-theft-workers/?series=unpaid-wages-california-workers\">CalMatters investigation revealed last year\u003c/a>. \u003c/p>\n\u003cp>Sometimes workers give up the battle.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The free legal services workers could receive include case review, legal advice and representation by an attorney, according to Newsom’s office.\u003c/p>\n\u003cp>“The time is now for us to ensure that immigrant labor rights are upheld and respected,” said Maria Elena De La Garza, executive director of the Community Action Board of Santa Cruz County. “We commend the state for supporting this pilot, which will help ensure that legal services are available and accessible through partnerships with trusted community-based organizations across California.”\u003c/p>\n\u003cp>State officials did not answer questions about when the program would begin this year, which community organizations it would partner with, or how many cases the pilot program is expected to process.\u003c/p>\n\u003cp>Funding for the pilot program will come from the $45 million the state annually allocates for immigration services from the California Department of Social Services, said Erin Hickey, spokesperson for the California Labor & Workforce Development Agency. The state is still completing contracts with selected immigration service providers, she said. \u003c/p>\n\u003ch2>Deferred deportation\u003c/h2>\n\u003cp>State officials said the pilot program aligns with a \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations\">new Biden administration policy\u003c/a> that makes it easier for undocumented workers who are victims of labor rights violations to request deferred action from deportation. Because the federal Department of Homeland Security can’t respond to all immigration violations, it exercises “prosecutorial discretion” to decide who to try to deport.\u003c/p>\n\u003cp>\u003ca href=\"https://www.dir.ca.gov/dlse/dhs_deferred_action_FAQ.htm\">State officials said\u003c/a> they won’t ask for workers’ immigration status, but noncitizens granted this deferred action may be eligible for work authorization.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>This year, California labor department officials \u003ca href=\"https://www.dir.ca.gov/dlse/dhs_deferred_action_FAQ.htm\">began supporting\u003c/a> undocumented workers’ \u003ca href=\"https://www.dhs.gov/news/2023/01/13/dhs-announces-process-enhancements-supporting-labor-enforcement-investigations\">requests for prosecutorial discretion\u003c/a> or deferred action from federal immigration officials, including when employers threaten workers with immigration enforcement to prevent workers from cooperating with state investigators. \u003c/p>\n\u003cp>“The Department of Industrial Relations’ Labor Commissioner’s Office … was the first state agency to request deferred action from DHS for employees in an active investigation, and that request was successful,” Hickey said. “This is an important process for undocumented workers to be aware of.” \u003c/p>\n\u003cp>A point person assigned to the pilot program will help connect farmworkers with legal service providers. Other state labor agencies already have staffers working with federal immigration officials on prosecutorial discretion cases.\u003c/p>\n\u003cp>Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/esmeralda-soria-1982/\">Esmerelda Soria\u003c/a>, a Merced Democrat and new chairperson of the Assembly Agriculture Committee, said this is a welcome way to ensure farmworkers among her Central Valley constituents won’t be exploited. Although other organizations serving farmworkers provide similar types of legal aid, she said, funding rarely matches the need.\u003c/p>\n\u003cp>“I think that in the absence of comprehensive immigration reform, California acknowledges that we have a broken system,” Soria told CalMatters. “Especially in the region that I represent, farmworkers are really the backbone of one of the largest agricultural economies in the country.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>About 1 in 3 positions at the \u003ca href=\"https://www.kqed.org/news/11906889/california-workers-face-years-long-waits-for-justice-in-wage-theft-cases-state-data-shows\">California Labor Commissioner’s Office\u003c/a>, the agency tasked with investigating wage theft and other labor law violations, remain unfilled. The vacancy “crisis” is leading to burnout, low morale and the hemorrhaging of staffers, according to a letter by dozens of department employees obtained by KQED.\u003c/p>\n\u003cp>This comes as tens of thousands of Californians, who claim their employers shorted them on their paychecks, are forced to contend with \u003ca href=\"https://www.kqed.org/news/11913910/despite-record-budget-surplus-california-unlikely-to-fix-massive-wage-theft-claim-delays-anytime-soon\">massive delays\u003c/a> in seeing their cases resolved by the state.\u003c/p>\n\u003cp>In their letter, the nearly 80 rank-and-file employees of the Labor Commissioner’s Office implored lawmakers to address major barriers such as an “unreasonably slow” hiring process and low compensation, which they say prevent the agency from achieving a fully staffed department that can efficiently tackle the growing backlog of cases.\u003c/p>\n\u003cp>Staffing vacancies have reached 30% to 40% in various units of the agency, they added.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We are failing in our mission if we cannot hire and retain the necessary staff,” they wrote. “The high vacancy rate naturally leads to higher caseloads, additional work responding to members of the public inquiring about the status of their claims, lower morale due to historic backlogs and increased stress.”\u003c/p>\n\u003cp>The July 9 message to the Joint Legislative Audit Committee offers a rare behind-the-scenes perspective of agency employees who are struggling to respond to an increasing volume of new wage-theft complaints exacerbated by hundreds of unfilled positions the state has budgeted for.[pullquote size=\"medium\" align=\"right\" citation=\"Joint statement, California Labor Commissioner’s Office employees\"]‘The high vacancy rate naturally leads to higher caseloads, additional work responding to members of the public inquiring about the status of their claims, lower morale due to historic backlogs and increased stress.’[/pullquote]The Labor Commissioner employees requested an audit focusing on how to make salaries at their agency more competitive — and how to fix a “crippling inability” to hire and retain staff by the California Human Resources Department (CalHR) and human resources at the Department of Industrial Relations, which oversees the agency.\u003c/p>\n\u003cp>State government tends to offer lower wages when compared to the private sector, while hiring tends to be slower as well, according to experts. But salaries at the Labor Commissioner’s Office lag by nearly 30% compared to public-sector peers, said the employees, and the hiring process is so slow and inefficient that qualified candidates end up taking jobs elsewhere.\u003c/p>\n\u003cp>Those inefficiencies include making candidates apply multiple times for the same job after CalHR or the Department of Industrial Relations decides a new job posting is required, said the staffers, who include hearing officers, attorneys and investigators throughout the state.\u003c/p>\n\u003cp>All those hoops constitute extra work for Labor Commissioner employees, too. They worried that sometimes the HR departments decide “ … after our staff [spends] countless hours interviewing and vetting candidates, that the candidates … from the list HR itself provided, do not meet minimum qualifications for the positions,” the letter stated.\u003c/p>\n\u003ch2>Over 200 vacant positions\u003c/h2>\n\u003cp>Nearly 240 positions were vacant at the Labor Commissioner’s Office in May 2022, according to public testimony by agency officials. Even in years when Gov. Gavin \u003ca href=\"https://www.kqed.org/news/11913910/despite-record-budget-surplus-california-unlikely-to-fix-massive-wage-theft-claim-delays-anytime-soon\">Newsom proposed expanding the agency’s budget\u003c/a> to hire more employees, the agency remained severely understaffed.\u003c/p>\n\u003cp>The Department of Industrial Relations did not respond to requests for comment. A spokesperson for CalHR said the department is trying to improve the hiring process.\u003c/p>\n\u003cp>“CalHR is working on a number of strategies to help eliminate barriers to hiring and retaining employees,” said Camille Travis, deputy director of communications at CalHR, in a statement.\u003c/p>\n\u003cp>“They include the Work for California recruitment campaign which kicked off in February, increasing the number of hiring events with our department partners (virtual and in-person), and improvements to CalCareers that will make it easier for candidates to navigate the state hiring process,” Travis wrote.[aside postID=news_11944515 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/03/CMWorkers01-1020x680.jpg']The Labor Commissioner’s wage claim process was created as a faster and free alternative for workers who lack the resources to hire an attorney and pursue their claim in court. Many of the workers who seek help from the state agency are living paycheck to paycheck.\u003c/p>\n\u003cp>Workers rights advocates and labor officials agree that the longer a wage claim languishes without resolution, the harder it tends to be for workers who win their cases to ultimately recover any money. That’s in part because many businesses close, go bankrupt or move assets to avoid paying.\u003c/p>\n\u003cp>But workers are often forced to wait years before receiving a hearing and a final decision from the state on their wage-theft cases.\u003c/p>\n\u003cp>As of May 2022, about half of the 36,000 pending claims for unpaid wages at the agency had taken longer than a year to resolve, according to Labor Commissioner figures obtained and analyzed by KQED. Nearly 4,000 of those cases had languished for three years or more.\u003c/p>\n\u003ch2>‘I feel betrayed’\u003c/h2>\n\u003cp>Landscaper Juan Carlos Alas has yet to receive a final decision on the complaint he began with the Labor Commissioner’s Office in September 2020, after his employer filed for bankruptcy and failed to pay him and co-workers the last of their wages. The father of two said he fell behind on rent payments and bills.\u003c/p>\n\u003cp>“It was hard because we needed the money they stole from us,” said Alas, 36, who lives in Redwood City. “If we work, we have the right to get paid for that work.”\u003c/p>\n\u003cp>But collecting any of the $22,000 in unpaid wages, overtime and penalties Alas claims may now be “difficult if not impossible,” said Jennifer Smith, Alas’ attorney at the nonprofit Community Legal Services in East Palo Alto. The defendant has since moved away and can’t be located, she said.[pullquote size=\"medium\" align=\"right\" citation=\"Juan Carlos Alas, landscaper\"]‘I feel betrayed. We trusted California’s laws, and up to now, we haven’t seen any results.’[/pullquote]The nearly three-year wait has frustrated Alas, who argues the agency is supposed to help workers like him gain some justice.\u003c/p>\n\u003cp>“I feel betrayed,” said Alas, who is originally from El Salvador. “We trusted California’s laws, and up to now, we haven’t seen any results.”\u003c/p>\n\u003cp>The chair of the Joint Legislative Audit Committee, Assemblymember David Alvarez, told KQED the Labor Commissioner employee letter was “alarming” and that staffers’ concerns would inform a \u003ca href=\"https://legaudit.assembly.ca.gov/sites/legaudit.assembly.ca.gov/files/2023-104%20%20California%20Labor%20Commissioner%E2%80%99s%20Office%E2%80%94Backlog%20of%20Wage%20Theft%20Cases%20%28Sen.%20Glazer%29.pdf\">proposed audit (PDF)\u003c/a> into the backlog of wage-theft cases that is expected to begin in September.\u003c/p>\n\u003cp>Alvarez, a Democrat who represents parts of San Diego County, said he would communicate with the State Auditor’s Office to ensure they take into account the staffers’ concerns. The state needs to take a close look at how the hiring process and employee compensation can be improved, he said, so that vulnerable workers get timely decisions on their wage-theft claims.\u003c/p>\n\u003cp>“We don’t believe anyone should be waiting anywhere in the magnitude of years. That is not acceptable,” said Alvarez. “That is why we approved the audit … because everybody is concerned that workers are not getting their due pay.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>About 1 in 3 positions at the \u003ca href=\"https://www.kqed.org/news/11906889/california-workers-face-years-long-waits-for-justice-in-wage-theft-cases-state-data-shows\">California Labor Commissioner’s Office\u003c/a>, the agency tasked with investigating wage theft and other labor law violations, remain unfilled. The vacancy “crisis” is leading to burnout, low morale and the hemorrhaging of staffers, according to a letter by dozens of department employees obtained by KQED.\u003c/p>\n\u003cp>This comes as tens of thousands of Californians, who claim their employers shorted them on their paychecks, are forced to contend with \u003ca href=\"https://www.kqed.org/news/11913910/despite-record-budget-surplus-california-unlikely-to-fix-massive-wage-theft-claim-delays-anytime-soon\">massive delays\u003c/a> in seeing their cases resolved by the state.\u003c/p>\n\u003cp>In their letter, the nearly 80 rank-and-file employees of the Labor Commissioner’s Office implored lawmakers to address major barriers such as an “unreasonably slow” hiring process and low compensation, which they say prevent the agency from achieving a fully staffed department that can efficiently tackle the growing backlog of cases.\u003c/p>\n\u003cp>Staffing vacancies have reached 30% to 40% in various units of the agency, they added.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We are failing in our mission if we cannot hire and retain the necessary staff,” they wrote. “The high vacancy rate naturally leads to higher caseloads, additional work responding to members of the public inquiring about the status of their claims, lower morale due to historic backlogs and increased stress.”\u003c/p>\n\u003cp>The July 9 message to the Joint Legislative Audit Committee offers a rare behind-the-scenes perspective of agency employees who are struggling to respond to an increasing volume of new wage-theft complaints exacerbated by hundreds of unfilled positions the state has budgeted for.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Labor Commissioner employees requested an audit focusing on how to make salaries at their agency more competitive — and how to fix a “crippling inability” to hire and retain staff by the California Human Resources Department (CalHR) and human resources at the Department of Industrial Relations, which oversees the agency.\u003c/p>\n\u003cp>State government tends to offer lower wages when compared to the private sector, while hiring tends to be slower as well, according to experts. But salaries at the Labor Commissioner’s Office lag by nearly 30% compared to public-sector peers, said the employees, and the hiring process is so slow and inefficient that qualified candidates end up taking jobs elsewhere.\u003c/p>\n\u003cp>Those inefficiencies include making candidates apply multiple times for the same job after CalHR or the Department of Industrial Relations decides a new job posting is required, said the staffers, who include hearing officers, attorneys and investigators throughout the state.\u003c/p>\n\u003cp>All those hoops constitute extra work for Labor Commissioner employees, too. They worried that sometimes the HR departments decide “ … after our staff [spends] countless hours interviewing and vetting candidates, that the candidates … from the list HR itself provided, do not meet minimum qualifications for the positions,” the letter stated.\u003c/p>\n\u003ch2>Over 200 vacant positions\u003c/h2>\n\u003cp>Nearly 240 positions were vacant at the Labor Commissioner’s Office in May 2022, according to public testimony by agency officials. Even in years when Gov. Gavin \u003ca href=\"https://www.kqed.org/news/11913910/despite-record-budget-surplus-california-unlikely-to-fix-massive-wage-theft-claim-delays-anytime-soon\">Newsom proposed expanding the agency’s budget\u003c/a> to hire more employees, the agency remained severely understaffed.\u003c/p>\n\u003cp>The Department of Industrial Relations did not respond to requests for comment. A spokesperson for CalHR said the department is trying to improve the hiring process.\u003c/p>\n\u003cp>“CalHR is working on a number of strategies to help eliminate barriers to hiring and retaining employees,” said Camille Travis, deputy director of communications at CalHR, in a statement.\u003c/p>\n\u003cp>“They include the Work for California recruitment campaign which kicked off in February, increasing the number of hiring events with our department partners (virtual and in-person), and improvements to CalCareers that will make it easier for candidates to navigate the state hiring process,” Travis wrote.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Labor Commissioner’s wage claim process was created as a faster and free alternative for workers who lack the resources to hire an attorney and pursue their claim in court. Many of the workers who seek help from the state agency are living paycheck to paycheck.\u003c/p>\n\u003cp>Workers rights advocates and labor officials agree that the longer a wage claim languishes without resolution, the harder it tends to be for workers who win their cases to ultimately recover any money. That’s in part because many businesses close, go bankrupt or move assets to avoid paying.\u003c/p>\n\u003cp>But workers are often forced to wait years before receiving a hearing and a final decision from the state on their wage-theft cases.\u003c/p>\n\u003cp>As of May 2022, about half of the 36,000 pending claims for unpaid wages at the agency had taken longer than a year to resolve, according to Labor Commissioner figures obtained and analyzed by KQED. Nearly 4,000 of those cases had languished for three years or more.\u003c/p>\n\u003ch2>‘I feel betrayed’\u003c/h2>\n\u003cp>Landscaper Juan Carlos Alas has yet to receive a final decision on the complaint he began with the Labor Commissioner’s Office in September 2020, after his employer filed for bankruptcy and failed to pay him and co-workers the last of their wages. The father of two said he fell behind on rent payments and bills.\u003c/p>\n\u003cp>“It was hard because we needed the money they stole from us,” said Alas, 36, who lives in Redwood City. “If we work, we have the right to get paid for that work.”\u003c/p>\n\u003cp>But collecting any of the $22,000 in unpaid wages, overtime and penalties Alas claims may now be “difficult if not impossible,” said Jennifer Smith, Alas’ attorney at the nonprofit Community Legal Services in East Palo Alto. The defendant has since moved away and can’t be located, she said.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The nearly three-year wait has frustrated Alas, who argues the agency is supposed to help workers like him gain some justice.\u003c/p>\n\u003cp>“I feel betrayed,” said Alas, who is originally from El Salvador. “We trusted California’s laws, and up to now, we haven’t seen any results.”\u003c/p>\n\u003cp>The chair of the Joint Legislative Audit Committee, Assemblymember David Alvarez, told KQED the Labor Commissioner employee letter was “alarming” and that staffers’ concerns would inform a \u003ca href=\"https://legaudit.assembly.ca.gov/sites/legaudit.assembly.ca.gov/files/2023-104%20%20California%20Labor%20Commissioner%E2%80%99s%20Office%E2%80%94Backlog%20of%20Wage%20Theft%20Cases%20%28Sen.%20Glazer%29.pdf\">proposed audit (PDF)\u003c/a> into the backlog of wage-theft cases that is expected to begin in September.\u003c/p>\n\u003cp>Alvarez, a Democrat who represents parts of San Diego County, said he would communicate with the State Auditor’s Office to ensure they take into account the staffers’ concerns. The state needs to take a close look at how the hiring process and employee compensation can be improved, he said, so that vulnerable workers get timely decisions on their wage-theft claims.\u003c/p>\n\u003cp>“We don’t believe anyone should be waiting anywhere in the magnitude of years. That is not acceptable,” said Alvarez. “That is why we approved the audit … because everybody is concerned that workers are not getting their due pay.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "'Deplorable, Heartbreaking': Officials Pledge to Investigate Labor Conditions at Mushroom Farms Targeted in Half Moon Bay Shootings",
"headTitle": "‘Deplorable, Heartbreaking’: Officials Pledge to Investigate Labor Conditions at Mushroom Farms Targeted in Half Moon Bay Shootings | KQED",
"content": "\u003cp>California and local officials say they plan to investigate potential wage theft and safety violations at the two Half Moon Bay farms where a gunman murdered seven of his co-workers on Monday.\u003c/p>\n\u003cp>“The workers were living in very, very poor conditions. Some were in very old trailers and others were living in shacks without running water or electricity,” San Mateo District Attorney Steve Wagstaffe told KQED, after his staff this week toured workers’ living quarters at California Terra Garden, the site of the first shooting, and where the suspect lived. “Really a type of living circumstance that I don’t think any of us think should exist in this country.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cynthia Rice, California Rural Legal Assistance\"]‘Once an employer provides a worker housing, the worker becomes dependent on them not only for their wages but for their housing security and the security of their families.’[/pullquote]Wagstaffe noted that he was familiar only with living conditions at that farm, and not at Concord Farms, the site of the second shooting.\u003c/p>\n\u003cp>But, he said, San Mateo County officials would look into potential labor violations at both farm sites.\u003c/p>\n\u003cp>Speaking to reporters on Tuesday, Gov. Gavin Newsom called out the appalling living conditions of the mostly Latino and Asian immigrant agricultural workers on the two farms, some of whom, he said, live in on-site shipping containers and make as little as $9 an hour.\u003c/p>\n\u003cp>“Some of you should see where these folks are living, the conditions they are living in, in shipping containers. Folks getting $9 an hour with no health care, no support, no services,” Newsom said. “But they’re taking care of our health and providing a service to us each and every day.”\u003c/p>\n\u003cp>Following his visit to California Terra Garden this week, San Mateo County Supervisor Ray Mueller tweeted photos of worker housing, describing the conditions as “deplorable” and “heartbreaking.”\u003c/p>\n\u003cp>https://twitter.com/Ray_Mueller_/status/1618694092506152960\u003c/p>\n\u003cp>Despite Half Moon Bay’s location less than 30 miles south of San Francisco, agriculture remains a major part of the local economy, where lush flower farms dot the rolling hills above the ocean, and Brussels sprouts, artichokes and pumpkins are among the area’s highest-yielding crops.\u003c/p>\n\u003cp>Some \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">60% of California’s agricultural workers are undocumented immigrants\u003c/a>, according to the latest available data from the U.S. Department of Labor. Fears of deportation or workplace retaliation, farmworker advocates say, often keep workers from speaking out about unfair and sometimes illegal labor practices.\u003c/p>\n\u003cp>In 2021, \u003ca href=\"https://www.bls.gov/oes/current/oes452092.htm\">the average agricultural worker in California was paid just $15.28 an hour, and earned a yearly wage of $31,770\u003c/a>, according to data from the U.S. Bureau of Labor Statistics.\u003c/p>\n\u003cp>Farmworkers earning such low wages often have few housing options, particularly in the Bay Area, one of the most expensive regions in the state, said Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance. And if they choose to live where they work to save money on housing, they are often more vulnerable to wage theft and other abuses, she said.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"half-moon-bay\"]“Once an employer provides a worker housing, the worker becomes dependent on them not only for their wages but for their housing security and the security of their families,” Rice said.\u003c/p>\n\u003cp>A spokesperson for the California Division of Occupational Safety and Health — also known as Cal/OSHA — and the state Labor Commissioner’s office, which investigates wage theft complaints, said the state’s inspection will “ensure that employees are being afforded all the protections of California labor laws.”\u003c/p>\n\u003cp>The spokesperson also emphasized that most workers in California, including agricultural workers, are “protected by the state’s labor laws and workplace safety and health regulations, regardless of their immigration status.”\u003c/p>\n\u003cp>District Attorney Wagstaffe also said that his office could potentially prosecute the owners of the farms, if evidence of serious violations was uncovered.\u003c/p>\n\u003cp>It would be familiar territory for Wagstaffe, who in 2021 prosecuted a Texas-based owner of a hemp farm in Half Moon Bay for withholding workers’ wages for six weeks.\u003c/p>\n\u003cp>Local labor advocates and city officials are hopeful the current focus on working conditions at farm sites in the area will spur positive changes.\u003c/p>\n\u003cp>“We have exposed how our farmworker community is living, let’s not ignore that. The mental health support they need, let’s not ignore that,” Half Moon Bay Vice Mayor Joaquin Jiménez Ureña told reporters. “Many come to this community for the pumpkin [festival] and ignore the farmworkers. Not today.”\u003c/p>\n\u003cp>Rice, of California Rural Legal Assistance, stressed that it shouldn’t take a mass shooting to bring light to the inequality that many farmworkers endure on a regular basis.\u003c/p>\n\u003cp>“It’s horrifying to think that it takes the death of so many people who are grouped together by virtue of the fact that they work to put food on our tables,” Rice said. “It will be another tragedy if there is no follow-up by enforcement agencies or others who can help these workers out.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California and local officials say they plan to investigate potential wage theft and safety violations at the two Half Moon Bay farms where a gunman murdered seven of his co-workers on Monday.\u003c/p>\n\u003cp>“The workers were living in very, very poor conditions. Some were in very old trailers and others were living in shacks without running water or electricity,” San Mateo District Attorney Steve Wagstaffe told KQED, after his staff this week toured workers’ living quarters at California Terra Garden, the site of the first shooting, and where the suspect lived. “Really a type of living circumstance that I don’t think any of us think should exist in this country.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Wagstaffe noted that he was familiar only with living conditions at that farm, and not at Concord Farms, the site of the second shooting.\u003c/p>\n\u003cp>But, he said, San Mateo County officials would look into potential labor violations at both farm sites.\u003c/p>\n\u003cp>Speaking to reporters on Tuesday, Gov. Gavin Newsom called out the appalling living conditions of the mostly Latino and Asian immigrant agricultural workers on the two farms, some of whom, he said, live in on-site shipping containers and make as little as $9 an hour.\u003c/p>\n\u003cp>“Some of you should see where these folks are living, the conditions they are living in, in shipping containers. Folks getting $9 an hour with no health care, no support, no services,” Newsom said. “But they’re taking care of our health and providing a service to us each and every day.”\u003c/p>\n\u003cp>Following his visit to California Terra Garden this week, San Mateo County Supervisor Ray Mueller tweeted photos of worker housing, describing the conditions as “deplorable” and “heartbreaking.”\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Despite Half Moon Bay’s location less than 30 miles south of San Francisco, agriculture remains a major part of the local economy, where lush flower farms dot the rolling hills above the ocean, and Brussels sprouts, artichokes and pumpkins are among the area’s highest-yielding crops.\u003c/p>\n\u003cp>Some \u003ca href=\"https://www.dol.gov/agencies/eta/national-agricultural-workers-survey/research/data-tables\">60% of California’s agricultural workers are undocumented immigrants\u003c/a>, according to the latest available data from the U.S. Department of Labor. Fears of deportation or workplace retaliation, farmworker advocates say, often keep workers from speaking out about unfair and sometimes illegal labor practices.\u003c/p>\n\u003cp>In 2021, \u003ca href=\"https://www.bls.gov/oes/current/oes452092.htm\">the average agricultural worker in California was paid just $15.28 an hour, and earned a yearly wage of $31,770\u003c/a>, according to data from the U.S. Bureau of Labor Statistics.\u003c/p>\n\u003cp>Farmworkers earning such low wages often have few housing options, particularly in the Bay Area, one of the most expensive regions in the state, said Cynthia Rice, director of litigation, advocacy and training at California Rural Legal Assistance. And if they choose to live where they work to save money on housing, they are often more vulnerable to wage theft and other abuses, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“Once an employer provides a worker housing, the worker becomes dependent on them not only for their wages but for their housing security and the security of their families,” Rice said.\u003c/p>\n\u003cp>A spokesperson for the California Division of Occupational Safety and Health — also known as Cal/OSHA — and the state Labor Commissioner’s office, which investigates wage theft complaints, said the state’s inspection will “ensure that employees are being afforded all the protections of California labor laws.”\u003c/p>\n\u003cp>The spokesperson also emphasized that most workers in California, including agricultural workers, are “protected by the state’s labor laws and workplace safety and health regulations, regardless of their immigration status.”\u003c/p>\n\u003cp>District Attorney Wagstaffe also said that his office could potentially prosecute the owners of the farms, if evidence of serious violations was uncovered.\u003c/p>\n\u003cp>It would be familiar territory for Wagstaffe, who in 2021 prosecuted a Texas-based owner of a hemp farm in Half Moon Bay for withholding workers’ wages for six weeks.\u003c/p>\n\u003cp>Local labor advocates and city officials are hopeful the current focus on working conditions at farm sites in the area will spur positive changes.\u003c/p>\n\u003cp>“We have exposed how our farmworker community is living, let’s not ignore that. The mental health support they need, let’s not ignore that,” Half Moon Bay Vice Mayor Joaquin Jiménez Ureña told reporters. “Many come to this community for the pumpkin [festival] and ignore the farmworkers. Not today.”\u003c/p>\n\u003cp>Rice, of California Rural Legal Assistance, stressed that it shouldn’t take a mass shooting to bring light to the inequality that many farmworkers endure on a regular basis.\u003c/p>\n\u003cp>“It’s horrifying to think that it takes the death of so many people who are grouped together by virtue of the fact that they work to put food on our tables,” Rice said. “It will be another tragedy if there is no follow-up by enforcement agencies or others who can help these workers out.”\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cp>It took two shifts to clean the five-story central Los Angeles office building where Edith Lopez worked as a janitor.\u003c/p>\n\u003cp>From morning to dusk she vacuumed, wiped down kitchens and took out trash, and her employer, Pacific Commercial Co., paid her like a regular employee. Then from 5 p.m. to 10 p.m. she did the same but Pacific classified her as an independent contractor and paid for those hours with personal checks that left out typical payroll deductions such as income tax or Social Security withholding, she said.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11916303,news_11924013,news_11929398\"]Over her eight years working for Pacific Commercial, the company sometimes paid her late and cut her hours, she said, and she didn’t receive any time-and-a-half overtime premiums. Lopez, a single mother who emigrated from Durango, Mexico, fell behind on rent and worried about supporting her three daughters. A doctor warned the 52-year-old that stress was causing her blood pressure to spike.\u003c/p>\n\u003cp>In September, she got a break. She received $30,000 in restitution, the result of the successful criminal prosecution of her former boss, Moon Hyuk Hahn, by the Los Angeles District Attorney’s Office in partnership with the state’s Labor Commissioner, the California Department of Insurance and a janitorial industry watchdog group called the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“It feels like retribution for the suffering that this company has put me through,” Lopez said. “This company has caused me to lose out on time with my family and made my family suffer.”\u003c/p>\n\u003ch2>Rare criminal charges\u003c/h2>\n\u003cp>Hahn, who owns Pacific Commercial, faced\u003ca href=\"http://www.janitorialwatch.org/2020/10/23/principal-of-mid-wilshire-area-janitorial-contractor-pacific-commercial-faces-26-felony-counts-at-upcoming-criminal-trial/\"> more than a dozen counts of grand theft of wages\u003c/a> and other allegations. He pleaded guilty to a count of insurance fraud and wage theft and has agreed to pay \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Restitution-Order-Moon-Hyuk-Hahn-Case-No.-BA488745_Redacted-1.pdf\">$1.6 million in restitution (PDF)\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He declined to comment to CalMatters, but his attorney, Keith Kim, said the plea was a “safer route” than going to trial.\u003c/p>\n\u003cp>Most of California’s \u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\">wage theft cases\u003c/a> aren’t handled this way.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cbsnews.com/sacramento/news/are-you-a-wage-theft-victim/\">Wage theft\u003c/a> has been a federal crime for decades, but in California, \u003ca href=\"https://calmatters.org/california-divide/2022/10/agency-battling-wage-theft/?series=unpaid-wages-california-workers\">where felony cases are punishable by up to three years in jail\u003c/a>, prosecutors across the state rarely file criminal charges based solely on wage theft.\u003c/p>\n\u003cfigure id=\"attachment_11930103\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930103\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg\" alt=\"an older Latina woman in a red shirt stands in front of a mural\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1536x1025.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Edith Lopez, 57, stands for a portrait at Eugene A. Obregon Park in East Los Angeles on Oct. 20, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some prosecutors say that is beginning to change.\u003c/p>\n\u003cp>Since 2015, the state’s Labor Commissioner’s Office has investigated 16 labor violation cases that resulted in criminal charges, spokesperson Paola Laverde said in an email. Eleven of those cases involved wage theft.\u003c/p>\n\u003cp>Few local prosecutors contacted across the state could tell CalMatters how many wage theft cases they’ve brought charges for since 2015.\u003c/p>\n\u003cp>By contrast, the Labor Commissioner’s Office conducted investigations of worksites and issued 141 minimum wage violation citations and 102 overtime violation citations in the 2019-2020 fiscal year. Those wage theft citations were handled administratively or in civil court.\u003c/p>\n\u003cp>Also workers who think their wages were stolen usually file claims with the Labor Commissioner’s Office, rather than reporting it to law enforcement. Last year California employees \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/?series=unpaid-wages-california-workers\">filed 19,000 unpaid wage claims\u003c/a> for a total of $320 million, which also are usually handled administratively.\u003c/p>\n\u003ch2>Prosecutors’ attention\u003c/h2>\n\u003cp>As California continues to grapple with the scope of wage theft, prosecutors say criminal charges could become more common. Several prosecutors offices in recent years have announced units that will focus on labor violations such as wage theft.\u003c/p>\n\u003cp>“The goal here is to increase our prosecutorial attention to wage theft,” said George Gascón, LA’s district attorney, who last year agreed to take referrals and investigate wage theft alongside the Labor Commissioner’s Office. “This (wage theft) is bad for the entire community.”\u003c/p>\n\u003cp>The initiatives coincide with an increase in what some call “\u003ca href=\"https://calmatters.org/politics/2022/06/chesa-boudin-criminal-justice-reform/\">progressive prosecutors\u003c/a>,” who seek to refocus their offices’ attention on issues that disproportionately affect lower-income residents and residents of color, such as labor violations and human trafficking. Studies show that wage theft primarily affects the most vulnerable workers: those who make low wages, who are often people of color or immigrants.\u003c/p>\n\u003cp>These efforts often draw on law enforcement that already is targeting related forms of white-collar crime, such as workers’ compensation fraud or tax evasion — where victims are other businesses or the government, rather than workers.\u003c/p>\n\u003cp>“Wage theft affects far more individual people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on,” said Chesa Boudin, a former San Francisco district attorney who created a unit investigating workplace crimes in 2020.\u003c/p>\n\u003cp>Five years ago, the criminal investigation unit in the Labor Commissioner’s Office forwarded three cases to prosecutors. So far this year, it has referred more than a dozen, Laverde said.\u003c/p>\n\u003ch2>‘More scary’\u003c/h2>\n\u003cp>Nationally there is \u003ca href=\"https://www.epi.org/publication/fighting-workplace-abuses-criminal-prosecutions-of-wage-theft-and-other-employer-crimes-against-workers/\">a rise in criminal prosecutions of labor abuses\u003c/a>, according to a report released last year by the left-leaning Economic Policy Institute. The study noted that since 2017, prosecutors in 15 states have brought new criminal cases against employers.\u003c/p>\n\u003cp>“My strong sense was that the employer community really responded differently to criminal versus civil cases,” said Terri Gerstein, the report’s author and a former labor bureau chief in New York’s Attorney General’s office. “It felt different when there was a criminal case. It was much more scary.”\u003c/p>\n\u003cfigure id=\"attachment_11930102\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930102\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg\" alt=\"a young white man with a beard stands in a blue suit outside a gray building\" width=\"800\" height=\"551\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-1020x702.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-160x110.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former District Attorney Chesa Boudin is seen outside the Hall of Justice in San Francisco on Dec. 30, 2020. As DA, he created a unit investigating workplace crimes. \u003ccite>(Paul Chinn/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some labor experts question whether criminal prosecution is an effective tool for recovering money. After all, many workers who win civil wage judgments against their bosses still end up collecting nothing, and some businesses operating in the so-called underground economy don’t even have liquid assets, workers’ attorneys say.\u003c/p>\n\u003cp>When a business owner gets convicted, “if they’re behind bars, they’re definitely not paying their workers,” said Tia Koonse, legal and policy research manager at the UCLA Labor Center.\u003c/p>\n\u003cp>Others say the threat of jail time and the negative press associated with criminal charges are stronger deterrents than other labor enforcement methods.\u003c/p>\n\u003cp>The prospect of jail also can force a business owner to pay restitution, said Joel McComb, deputy district attorney in San Mateo County.\u003c/p>\n\u003cp>Recently a Half Moon Bay hemp farmer paid $128,000 in restitution to 31 former employees whom, authorities say, he had stopped paying in December 2020 and January 2021. Initially the farmer faced 33 felony counts of theft of labor, but he pleaded no contest to two counts and was \u003ca href=\"https://www.smcgov.org/da/news/hemp-farm-owner-sentenced-theft-labor-tax-evasion-and-failure-maintain-workers-0\">sentenced to a year in jail\u003c/a>, to serve concurrently with a two-year sentence in an unrelated case, McComb said.\u003c/p>\n\u003ch2>Risks and benefits\u003c/h2>\n\u003cp>In the Pacific Commercial case in Los Angeles, Lopez and 16 other workers received a total of $240,000 in restitution. The money came from $522,000 the California Department of Insurance seized from the company during the investigation. The state kept the rest for back taxes.\u003c/p>\n\u003cp>Hahn still owes about $1 million, to be split among the state and two insurance companies authorities say he defrauded, a spokesperson for Gascón’s office said.\u003c/p>\n\u003cp>In that investigation, Gascón said, his office focused on returning money to victims, and the cash seizure created a “clear path” for repayment.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"George Gascón, Los Angeles district attorney\"]‘We want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well.’[/pullquote]But a cash payout isn’t always possible in wage theft cases, he said, and prosecutors have to weigh the risks and benefits of criminal charges.\u003c/p>\n\u003cp>The threat of losing a business is a “substantial deterrent” to wage theft, he said.\u003c/p>\n\u003cp>“But we’re also cognizant of the fact that there are many people working in this company that depend on this work for their livelihood,” he said. “And then the evaluation is, we want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well. So it’s really striking a balance.”\u003c/p>\n\u003ch2>The human toll\u003c/h2>\n\u003cp>As a Santa Clara County district attorney’s investigator focused on insurance fraud, Michael Whittington said he often saw employers paying employees off the books or shorting their wages.\u003c/p>\n\u003cp>But few workers were willing to come forward to testify as victims, he said, so his office was charging wage theft “intermittently, when we could identify it.”\u003c/p>\n\u003cp>In the wake of nationwide protests for racial equity in the criminal legal system, the Santa Clara County District Attorney’s Office announced in 2020 it was forming a Worker Exploitation Task Force, bringing together state and federal labor agencies to refer wage theft cases to the prosecutor’s office.\u003c/p>\n\u003cp>“We truly turned our focus to finding what we called the human toll of fraud investigations, and focusing on wage theft first,” said Whittington, captain of the office’s Bureau of Investigation. He said the partnership has helped encourage workers to come forward and cooperate with law enforcement; now he hears from workers who want to report cases directly to him.\u003c/p>\n\u003ch2>The right thing\u003c/h2>\n\u003cp>Alongside the task force launch, the DA’s office announced charges against Robert Foster, then a San José police officer, and his wife, whom they accused of running an off-the-books private security business. Prosecutors said the business engaged in insurance fraud, tax evasion and money laundering and that Foster failed to pay workers overtime, underreported worker injuries, and \u003ca href=\"https://countyda.sccgov.org/news/news-release/san-jose-police-officer-charged-worker-exploitation-multi-million-dollar-fraud\">threatened employees\u003c/a>.\u003c/p>\n\u003cp>He pleaded no contest in January and this March was \u003ca href=\"https://countyda.sccgov.org/news/news-release/former-san-jose-police-officer-sentenced-jail-multi-million-dollar-fraud-scheme\">sentenced to three years in jail\u003c/a>.\u003c/p>\n\u003cp>His attorney, Ronald Richards, said Foster has paid full restitution, including money owed to workers and $1.13 million to the state and to insurance companies.\u003c/p>\n\u003cp>Richards said his client got caught up in his bookkeeper’s business decisions and “wanted to rectify the situation and do the right thing.” The case hinged on whether the workers could be classified as contractors rather than employees, he said.\u003c/p>\n\u003ch2>When to charge the crime\u003c/h2>\n\u003cp>Richards opined that Foster should have had a chance to pay a penalty and settle the matter outside of criminal court.\u003c/p>\n\u003cp>“He wasn’t stealing any wages,” Richards said. “A lot of times people pay after an audit. Why are you going to discourage people from paying? If you charge them criminally, they’re just going to pay the criminal lawyer.”[pullquote align=\"right\" size=\"medium\" citation=\"Chesa Boudin, former San Francisco district attorney\"]‘Wage theft affects more people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on.’[/pullquote]Similarly, in San Diego County, District Attorney Summer Stephan last year \u003ca href=\"https://www.sdcda.org/content/office/newsroom/tempDownloads/33d8e703-5a68-4ef5-8c54-3d19888df233_Workplace%20Justice%20News%20Release%202-22-2021.pdf\">launched a Workplace Justice Unit (PDF)\u003c/a> dedicated to investigating wage and hour violations and labor trafficking.\u003c/p>\n\u003cp>Before, the office had charged wage theft when it was secondary to insurance fraud or tax evasion cases.\u003c/p>\n\u003cp>So far, the unit has secured a guilty plea in one wage theft case, a spokesperson said.\u003c/p>\n\u003cp>Several prosecutors said there aren’t general rules about when to file criminal charges in wage theft cases; they decide on a case-by-case basis.\u003c/p>\n\u003cp>Criminal cases come with a higher burden of proof than civil ones; prosecutors must prove an employer is guilty beyond a “reasonable doubt.” And to convict an employer of wage theft under California law, a prosecutor also must prove that nonpayment was intentional, not merely an oversight.\u003c/p>\n\u003ch2>More victims\u003c/h2>\n\u003cp>Last year California lawmakers gave law enforcement additional flexibility when charging wage theft as a felony.\u003c/p>\n\u003cp>While the state’s felony grand theft statute already includes stolen wages of at least $950 from a single worker in a one-year period, the new statute allows charges if multiple workers lose at least $2,350 in unpaid wages combined.\u003c/p>\n\u003cp>The new law “allows us to aggregate the losses of multiple employees of the same company,” said Tanya Sierra, spokesperson for the San Diego County district attorney. “This would allow us to prosecute cases where an employer steals a little bit from many employees rather than a large sum from just one employee.”\u003c/p>\n\u003cp>Several DA offices and the California District Attorneys Association said they know of no cases filed under the new law, which went into effect in January.\u003c/p>\n\u003cp>Boudin said his office in San Francisco was conducting multiple investigations under the new statute prior to his recall by voters last spring.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>A spokesperson for Gascón’s office in Los Angeles said officials expect to file at least one case under the new statute by the end of the year.\u003c/p>\n\n",
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"excerpt": "To help fight wage theft, some prosecutors are partnering with the state on more cases, or forming special units to pursue labor abuses as crimes. A new felony law could also help, they say.",
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"title": "Though Wage Theft Is a Crime, Few California DAs File Charges for It | KQED",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/jeanne-kuang/\">Jeanne Kuang\u003c/a> and \u003ca href=\"https://calmatters.org/author/lil-kalish/\">Lil Kalish\u003c/a>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>It took two shifts to clean the five-story central Los Angeles office building where Edith Lopez worked as a janitor.\u003c/p>\n\u003cp>From morning to dusk she vacuumed, wiped down kitchens and took out trash, and her employer, Pacific Commercial Co., paid her like a regular employee. Then from 5 p.m. to 10 p.m. she did the same but Pacific classified her as an independent contractor and paid for those hours with personal checks that left out typical payroll deductions such as income tax or Social Security withholding, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Over her eight years working for Pacific Commercial, the company sometimes paid her late and cut her hours, she said, and she didn’t receive any time-and-a-half overtime premiums. Lopez, a single mother who emigrated from Durango, Mexico, fell behind on rent and worried about supporting her three daughters. A doctor warned the 52-year-old that stress was causing her blood pressure to spike.\u003c/p>\n\u003cp>In September, she got a break. She received $30,000 in restitution, the result of the successful criminal prosecution of her former boss, Moon Hyuk Hahn, by the Los Angeles District Attorney’s Office in partnership with the state’s Labor Commissioner, the California Department of Insurance and a janitorial industry watchdog group called the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“It feels like retribution for the suffering that this company has put me through,” Lopez said. “This company has caused me to lose out on time with my family and made my family suffer.”\u003c/p>\n\u003ch2>Rare criminal charges\u003c/h2>\n\u003cp>Hahn, who owns Pacific Commercial, faced\u003ca href=\"http://www.janitorialwatch.org/2020/10/23/principal-of-mid-wilshire-area-janitorial-contractor-pacific-commercial-faces-26-felony-counts-at-upcoming-criminal-trial/\"> more than a dozen counts of grand theft of wages\u003c/a> and other allegations. He pleaded guilty to a count of insurance fraud and wage theft and has agreed to pay \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Restitution-Order-Moon-Hyuk-Hahn-Case-No.-BA488745_Redacted-1.pdf\">$1.6 million in restitution (PDF)\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He declined to comment to CalMatters, but his attorney, Keith Kim, said the plea was a “safer route” than going to trial.\u003c/p>\n\u003cp>Most of California’s \u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\">wage theft cases\u003c/a> aren’t handled this way.\u003c/p>\n\u003cp>\u003ca href=\"https://www.cbsnews.com/sacramento/news/are-you-a-wage-theft-victim/\">Wage theft\u003c/a> has been a federal crime for decades, but in California, \u003ca href=\"https://calmatters.org/california-divide/2022/10/agency-battling-wage-theft/?series=unpaid-wages-california-workers\">where felony cases are punishable by up to three years in jail\u003c/a>, prosecutors across the state rarely file criminal charges based solely on wage theft.\u003c/p>\n\u003cfigure id=\"attachment_11930103\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930103\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg\" alt=\"an older Latina woman in a red shirt stands in front of a mural\" width=\"800\" height=\"534\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7-1536x1025.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/102022_Edith_Lopez_PU_CM_7.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Edith Lopez, 57, stands for a portrait at Eugene A. Obregon Park in East Los Angeles on Oct. 20, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some prosecutors say that is beginning to change.\u003c/p>\n\u003cp>Since 2015, the state’s Labor Commissioner’s Office has investigated 16 labor violation cases that resulted in criminal charges, spokesperson Paola Laverde said in an email. Eleven of those cases involved wage theft.\u003c/p>\n\u003cp>Few local prosecutors contacted across the state could tell CalMatters how many wage theft cases they’ve brought charges for since 2015.\u003c/p>\n\u003cp>By contrast, the Labor Commissioner’s Office conducted investigations of worksites and issued 141 minimum wage violation citations and 102 overtime violation citations in the 2019-2020 fiscal year. Those wage theft citations were handled administratively or in civil court.\u003c/p>\n\u003cp>Also workers who think their wages were stolen usually file claims with the Labor Commissioner’s Office, rather than reporting it to law enforcement. Last year California employees \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/?series=unpaid-wages-california-workers\">filed 19,000 unpaid wage claims\u003c/a> for a total of $320 million, which also are usually handled administratively.\u003c/p>\n\u003ch2>Prosecutors’ attention\u003c/h2>\n\u003cp>As California continues to grapple with the scope of wage theft, prosecutors say criminal charges could become more common. Several prosecutors offices in recent years have announced units that will focus on labor violations such as wage theft.\u003c/p>\n\u003cp>“The goal here is to increase our prosecutorial attention to wage theft,” said George Gascón, LA’s district attorney, who last year agreed to take referrals and investigate wage theft alongside the Labor Commissioner’s Office. “This (wage theft) is bad for the entire community.”\u003c/p>\n\u003cp>The initiatives coincide with an increase in what some call “\u003ca href=\"https://calmatters.org/politics/2022/06/chesa-boudin-criminal-justice-reform/\">progressive prosecutors\u003c/a>,” who seek to refocus their offices’ attention on issues that disproportionately affect lower-income residents and residents of color, such as labor violations and human trafficking. Studies show that wage theft primarily affects the most vulnerable workers: those who make low wages, who are often people of color or immigrants.\u003c/p>\n\u003cp>These efforts often draw on law enforcement that already is targeting related forms of white-collar crime, such as workers’ compensation fraud or tax evasion — where victims are other businesses or the government, rather than workers.\u003c/p>\n\u003cp>“Wage theft affects far more individual people who are living on the margins and therefore is a greater impact on public safety than many of the categories of crime that DAs traditionally focus their resources on,” said Chesa Boudin, a former San Francisco district attorney who created a unit investigating workplace crimes in 2020.\u003c/p>\n\u003cp>Five years ago, the criminal investigation unit in the Labor Commissioner’s Office forwarded three cases to prosecutors. So far this year, it has referred more than a dozen, Laverde said.\u003c/p>\n\u003ch2>‘More scary’\u003c/h2>\n\u003cp>Nationally there is \u003ca href=\"https://www.epi.org/publication/fighting-workplace-abuses-criminal-prosecutions-of-wage-theft-and-other-employer-crimes-against-workers/\">a rise in criminal prosecutions of labor abuses\u003c/a>, according to a report released last year by the left-leaning Economic Policy Institute. The study noted that since 2017, prosecutors in 15 states have brought new criminal cases against employers.\u003c/p>\n\u003cp>“My strong sense was that the employer community really responded differently to criminal versus civil cases,” said Terri Gerstein, the report’s author and a former labor bureau chief in New York’s Attorney General’s office. “It felt different when there was a criminal case. It was much more scary.”\u003c/p>\n\u003cfigure id=\"attachment_11930102\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11930102\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg\" alt=\"a young white man with a beard stands in a blue suit outside a gray building\" width=\"800\" height=\"551\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-800x551.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-1020x702.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696-160x110.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1408774696.jpg 1024w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former District Attorney Chesa Boudin is seen outside the Hall of Justice in San Francisco on Dec. 30, 2020. As DA, he created a unit investigating workplace crimes. \u003ccite>(Paul Chinn/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some labor experts question whether criminal prosecution is an effective tool for recovering money. After all, many workers who win civil wage judgments against their bosses still end up collecting nothing, and some businesses operating in the so-called underground economy don’t even have liquid assets, workers’ attorneys say.\u003c/p>\n\u003cp>When a business owner gets convicted, “if they’re behind bars, they’re definitely not paying their workers,” said Tia Koonse, legal and policy research manager at the UCLA Labor Center.\u003c/p>\n\u003cp>Others say the threat of jail time and the negative press associated with criminal charges are stronger deterrents than other labor enforcement methods.\u003c/p>\n\u003cp>The prospect of jail also can force a business owner to pay restitution, said Joel McComb, deputy district attorney in San Mateo County.\u003c/p>\n\u003cp>Recently a Half Moon Bay hemp farmer paid $128,000 in restitution to 31 former employees whom, authorities say, he had stopped paying in December 2020 and January 2021. Initially the farmer faced 33 felony counts of theft of labor, but he pleaded no contest to two counts and was \u003ca href=\"https://www.smcgov.org/da/news/hemp-farm-owner-sentenced-theft-labor-tax-evasion-and-failure-maintain-workers-0\">sentenced to a year in jail\u003c/a>, to serve concurrently with a two-year sentence in an unrelated case, McComb said.\u003c/p>\n\u003ch2>Risks and benefits\u003c/h2>\n\u003cp>In the Pacific Commercial case in Los Angeles, Lopez and 16 other workers received a total of $240,000 in restitution. The money came from $522,000 the California Department of Insurance seized from the company during the investigation. The state kept the rest for back taxes.\u003c/p>\n\u003cp>Hahn still owes about $1 million, to be split among the state and two insurance companies authorities say he defrauded, a spokesperson for Gascón’s office said.\u003c/p>\n\u003cp>In that investigation, Gascón said, his office focused on returning money to victims, and the cash seizure created a “clear path” for repayment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But a cash payout isn’t always possible in wage theft cases, he said, and prosecutors have to weigh the risks and benefits of criminal charges.\u003c/p>\n\u003cp>The threat of losing a business is a “substantial deterrent” to wage theft, he said.\u003c/p>\n\u003cp>“But we’re also cognizant of the fact that there are many people working in this company that depend on this work for their livelihood,” he said. “And then the evaluation is, we want to make sure that we are not creating a situation where … you’re gonna have a whole bunch of unemployed people as well. So it’s really striking a balance.”\u003c/p>\n\u003ch2>The human toll\u003c/h2>\n\u003cp>As a Santa Clara County district attorney’s investigator focused on insurance fraud, Michael Whittington said he often saw employers paying employees off the books or shorting their wages.\u003c/p>\n\u003cp>But few workers were willing to come forward to testify as victims, he said, so his office was charging wage theft “intermittently, when we could identify it.”\u003c/p>\n\u003cp>In the wake of nationwide protests for racial equity in the criminal legal system, the Santa Clara County District Attorney’s Office announced in 2020 it was forming a Worker Exploitation Task Force, bringing together state and federal labor agencies to refer wage theft cases to the prosecutor’s office.\u003c/p>\n\u003cp>“We truly turned our focus to finding what we called the human toll of fraud investigations, and focusing on wage theft first,” said Whittington, captain of the office’s Bureau of Investigation. He said the partnership has helped encourage workers to come forward and cooperate with law enforcement; now he hears from workers who want to report cases directly to him.\u003c/p>\n\u003ch2>The right thing\u003c/h2>\n\u003cp>Alongside the task force launch, the DA’s office announced charges against Robert Foster, then a San José police officer, and his wife, whom they accused of running an off-the-books private security business. Prosecutors said the business engaged in insurance fraud, tax evasion and money laundering and that Foster failed to pay workers overtime, underreported worker injuries, and \u003ca href=\"https://countyda.sccgov.org/news/news-release/san-jose-police-officer-charged-worker-exploitation-multi-million-dollar-fraud\">threatened employees\u003c/a>.\u003c/p>\n\u003cp>He pleaded no contest in January and this March was \u003ca href=\"https://countyda.sccgov.org/news/news-release/former-san-jose-police-officer-sentenced-jail-multi-million-dollar-fraud-scheme\">sentenced to three years in jail\u003c/a>.\u003c/p>\n\u003cp>His attorney, Ronald Richards, said Foster has paid full restitution, including money owed to workers and $1.13 million to the state and to insurance companies.\u003c/p>\n\u003cp>Richards said his client got caught up in his bookkeeper’s business decisions and “wanted to rectify the situation and do the right thing.” The case hinged on whether the workers could be classified as contractors rather than employees, he said.\u003c/p>\n\u003ch2>When to charge the crime\u003c/h2>\n\u003cp>Richards opined that Foster should have had a chance to pay a penalty and settle the matter outside of criminal court.\u003c/p>\n\u003cp>“He wasn’t stealing any wages,” Richards said. “A lot of times people pay after an audit. Why are you going to discourage people from paying? If you charge them criminally, they’re just going to pay the criminal lawyer.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Similarly, in San Diego County, District Attorney Summer Stephan last year \u003ca href=\"https://www.sdcda.org/content/office/newsroom/tempDownloads/33d8e703-5a68-4ef5-8c54-3d19888df233_Workplace%20Justice%20News%20Release%202-22-2021.pdf\">launched a Workplace Justice Unit (PDF)\u003c/a> dedicated to investigating wage and hour violations and labor trafficking.\u003c/p>\n\u003cp>Before, the office had charged wage theft when it was secondary to insurance fraud or tax evasion cases.\u003c/p>\n\u003cp>So far, the unit has secured a guilty plea in one wage theft case, a spokesperson said.\u003c/p>\n\u003cp>Several prosecutors said there aren’t general rules about when to file criminal charges in wage theft cases; they decide on a case-by-case basis.\u003c/p>\n\u003cp>Criminal cases come with a higher burden of proof than civil ones; prosecutors must prove an employer is guilty beyond a “reasonable doubt.” And to convict an employer of wage theft under California law, a prosecutor also must prove that nonpayment was intentional, not merely an oversight.\u003c/p>\n\u003ch2>More victims\u003c/h2>\n\u003cp>Last year California lawmakers gave law enforcement additional flexibility when charging wage theft as a felony.\u003c/p>\n\u003cp>While the state’s felony grand theft statute already includes stolen wages of at least $950 from a single worker in a one-year period, the new statute allows charges if multiple workers lose at least $2,350 in unpaid wages combined.\u003c/p>\n\u003cp>The new law “allows us to aggregate the losses of multiple employees of the same company,” said Tanya Sierra, spokesperson for the San Diego County district attorney. “This would allow us to prosecute cases where an employer steals a little bit from many employees rather than a large sum from just one employee.”\u003c/p>\n\u003cp>Several DA offices and the California District Attorneys Association said they know of no cases filed under the new law, which went into effect in January.\u003c/p>\n\u003cp>Boudin said his office in San Francisco was conducting multiple investigations under the new statute prior to his recall by voters last spring.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A spokesperson for Gascón’s office in Los Angeles said officials expect to file at least one case under the new statute by the end of the year.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>For decades, California’s lawmakers and regulators have taken aim at \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/?series=unpaid-wages-california-workers\">employers who rob their workers\u003c/a> of pay, overtime premiums, tips and other forms of compensation.\u003c/p>\n\u003cp>Just last year, legislators made \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1003\">certain instances of wage theft a felony\u003c/a>. They also fixed their sights on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB62\">wage theft in the garment industry\u003c/a>, eliminating some long-standing pay practices that often resulted in workers being paid below the minimum wage.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11916303,news_11913910,news_11925744\"]Earlier this month, California Labor Commissioner Lilia García-Brower \u003ca href=\"https://www.dir.ca.gov/DIRNews/2022/2022-81.html\">recovered $282,000 in stolen wages\u003c/a> and penalties for 22 workers of a Long Beach car wash using a law enacted in January that empowers her office to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB572\">place liens on the property of problematic worksites\u003c/a>.\u003c/p>\n\u003cp>California’s laws targeting wage theft — which is the failure by bosses to pay workers what they are owed — make it a leader among states, national labor experts say. But enforcing those laws has not been easy.\u003c/p>\n\u003cp>State officials and lawmakers say the Labor Commissioner’s office, the California agency overseeing wage and hour violations, has been too short-staffed to do its job, a problem that worsened during the pandemic and subsequent labor shortage.\u003c/p>\n\u003cp>Last year alone, California workers filed nearly 19,000 individual claims totaling more than $338 million in stolen wages. Many claims take three times longer than the legal minimum of 135 days to resolve, data provided by the Labor Commissioner’s office shows.\u003c/p>\n\u003ch2>‘Three strikes’\u003c/h2>\n\u003cp>Assemblymember Ash Kalra, a San José Democrat who chairs the Assembly’s labor committee, said the Labor Commissioner does not have enough agents or other workers to process all the wage claims made by California workers effectively.\u003c/p>\n\u003cp>Nearly a third of the Labor Commissioner’s positions were vacant in May, officials told a state Senate budget committee. In August, a spokesperson for the Labor Commissioner’s office told CalMatters \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/\">the office had hired 288 people since January 2021\u003c/a>, but not how many people had left the office during that period.\u003c/p>\n\u003cp>The Labor Commissioner’s budget this year is $166 million, enough funding for nearly 840 positions.\u003c/p>\n\u003cp>“We need to put more urgency into it,” Kalra said, ”and that could include having hiring bonuses, whatever it takes to increase the staffing, because it’s unacceptable — the current state of affairs. If we really care about these workers, we need to show it.”\u003c/p>\n\u003cfigure id=\"attachment_11929428\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1430447016.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11929428 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1430447016.jpg\" alt=\"a woman in a blue blazer speaks behind a podium at a press conference\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Labor Commissioner Lilia García-Brower speaks during a press conference in Long Beach on Tuesday, Oct. 4, 2022. The state Labor Commissioner’s Office returned more than $200,000 in stolen wages to 22 Long Beach car wash workers. The wages were recovered through a new law, SB 572. But insiders say issues with staffing and retention at the Commissioner’s office have made the law hard to enforce. \u003ccite>(Brittany Murray/MediaNews Group/Long Beach Press-Telegram via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Experts and legislators say California’s bureaucratic hiring processes and below-market salaries are complicating its hiring efforts.\u003c/p>\n\u003cp>When it comes to recruiting workers, “it’s three strikes against them right now, just the government in general,” said Patrick Murphy, director of resource equity and public finance at The Opportunity Institute, a nonprofit that studies poverty and racial inequality in California. “It’s the nature of government, the tight labor market, and then the specialization that goes with these jobs.”\u003c/p>\n\u003cp>The state’s hiring and retention issues at agencies enforcing labor laws have existed for years. The Little Hoover Commission, California’s bipartisan oversight agency, studied wage theft in 2015 as part of \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/226/Report226.pdf\">an investigation of California’s underground economy\u003c/a>.\u003c/p>\n\u003ch2>Hiring frustrations\u003c/h2>\n\u003cp>The study found that state investigators across agencies are paid less than those in police forces and often required to have more training and education. The state’s hiring process for such jobs can take up to a year, the report found, making hiring frustrating for all parties.\u003c/p>\n\u003cp>“We’re just not a competitive employer,” said Krystal Beckham, project manager with the commission, who led the study. “You can see that when it comes to enforcement in the underground economy.”\u003c/p>\n\u003cp>California stands out among states for \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/#89a79d79-151c-4aa7-856c-919c81bdb37f\">its efforts and policies to tackle wage theft given its union density\u003c/a>, number of worker centers and public dollars committed to combating the problem, said David Cooper, a researcher who has studied wage theft at the left-leaning Economic Policy Institute, which is based in Washington, D.C.\u003c/p>\n\u003cp>\u003ca href=\"https://www.bls.gov/regions/west/news-release/unionmembership_california.htm\">Union members accounted for 15.9% of wage and salary workers in California\u003c/a>, compared to 10.3% nationally. That higher-than-average membership helps workers identify wage theft, Cooper said.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Assemblymember Ash Kalra, D-San José\"]‘We need to put more urgency into it, and that could include having hiring bonuses, whatever it takes to increase the staffing, because it’s unacceptable.’[/pullquote]\u003ca href=\"https://mitsloan.mit.edu/sites/default/files/2022-06/Report%20on%20Worker%20Organizing%20Landscape%20in%20US%20by%20Kochan%20Fine%20Bronfenbrenner%20Naidu%20et%20al%20June%202022.pdf\">The state also has 47 worker centers\u003c/a>, more than any other, according to a recent report by the Worker Empowerment Research Network, a national collection of labor experts. Worker centers are community-based organizations providing training and support for lower-income workers. California’s labor offices have partnered with a coalition of 17 centers to bring wage theft investigations in certain industries.\u003c/p>\n\u003cp>Also, workers can file lawsuits against employers through California’s Private Attorneys General Act (PAGA), which gives workers the same powers as the state to sue employers and recover penalties on behalf of co-workers. Last year the Department of Industrial Relations received 6,501 notices of new PAGA suits, according to data provided to CalMatters in response to a records request.\u003c/p>\n\u003ch2>Abusive practices\u003c/h2>\n\u003cp>The size of California’s economy, its diversity and its demographics also give cover to abusive practices by employers, experts said. The state has a vast service economy, a robust agricultural sector and one of the nation’s largest immigrant populations, including about \u003ca href=\"https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/CA\">1.7 million undocumented workers\u003c/a>, according to the Migration Policy Institute.\u003c/p>\n\u003cp>Wage theft typically affects society’s most vulnerable workers: those with the least education and financial means and the fewest legal protections. Often those workers are immigrants.\u003c/p>\n\u003cp>“California has far more immigrants than a lot of other places, and we know that immigrants, and people of color generally, tend to more likely be victims of wage theft,” said Cooper, director of the institute’s Economic Analysis and Research Network, which coordinates nearly 60 state and local research and advocacy efforts nationally.\u003c/p>\n\u003cp>“Immigrants who are either undocumented, or may have family who are undocumented, are not going to speak up as vocally if their rights are being violated,” he said.\u003c/p>\n\u003cp>Cooper said the thousands of wage theft claims filed in California each year are likely an undercount of stolen-pay cases.\u003c/p>\n\u003ch2>‘Good faith dispute’\u003c/h2>\n\u003cp>On the other hand, the California Chamber of Commerce said those claims represent only a fragment of a percent of California’s $1 trillion-a-year payroll, and the vast majority of claims are misunderstandings of California law.\u003c/p>\n\u003cp>CalChamber CEO Jennifer Barrera, who represented employers as an attorney before joining the business group, said wage theft claims at large employers often come down to a “good faith dispute” about whether a worker was properly classified. With small employers, there often was a lack of education about labor laws, she said.\u003c/p>\n\u003cp>“When you got into the smaller employers, it was just a lack of understanding of what actually the law required but thinking that they were doing things right,” she said.\u003c/p>\n\u003cp>California’s policymakers over the years have focused on accountability in cases of wage theft. The state, for instance, requires businesses in certain industries, such as car washes and garment manufacturers, to register with the state and post bonds with the state, so there are funds available to recoup stolen wages for workers.\u003c/p>\n\u003cp>The Legislature also has taken on the growing prevalence of contracting and subcontracting in various industries by passing laws that make the “parent” employer or company responsible for a contractor’s labor violations.\u003c/p>\n\u003cp>California’s former Labor Commissioner, Julie Su, instituted a statewide, multilingual “Wage Theft Is A Crime” public awareness campaign in 2014. Two years later she launched a strategy of partnering with various workers’ rights organizations throughout the state to bring targeted, high-profile enforcement actions against some large employers.\u003c/p>\n\u003ch2>Advocates, not umpires\u003c/h2>\n\u003cp>Experts credit much of California’s wage theft enforcement philosophy to Su’s advocacy.\u003c/p>\n\u003cp>“Su lifted up an entirely different way of thinking about the role of government and was not afraid to say, ‘We are not neutral. That is not our role. We are not umpires,’” said Janice Fine, professor of labor studies and employment relations at Rutgers University. “‘We are advocates for worker rights.’”\u003c/p>\n\u003cp>Su, now deputy secretary of labor in President Biden’s administration, through a spokesperson declined to comment.\u003c/p>\n\u003cp>Some experts have argued that gig economy companies such as Uber and Lyft have committed wholesale wage theft by classifying their workers as contractors rather than employees.\u003c/p>\n\u003cp>California, the birthplace of the gig economy, has been at the forefront of those battles.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Janice Fine, professor of labor studies and employment relations, Rutgers University\"]‘Su lifted up a different way of thinking about the role of government and was not afraid to say, ‘We are not neutral. That is not our role. We are not umpires.”[/pullquote]In 2019, Gov. Gavin Newsom signed \u003ca href=\"https://www.wsj.com/articles/california-enacts-law-to-classify-some-gig-workers-as-employees-11568831719\">legislation intended to classify some independent contractors as employees\u003c/a>. In response, Uber, Lyft and other gig giants spent more than $200 million on a successful ballot measure, Proposition 22, that exempted them from that law. The ballot measure was \u003ca href=\"https://www.sfchronicle.com/tech/article/Prop-22-the-gig-worker-exemption-for-Uber-and-16401915.php\">ruled unconstitutional last year\u003c/a> but remains in place while the case is being appealed.\u003c/p>\n\u003cp>In 2020, García-Brower’s office sued the ride-sharing companies, accusing them of “systemic wage theft” for misclassifying workers and failing to meet their obligations under California law, including paying minimum wage and overtime, providing rest breaks and other requirements. That suit also remains outstanding, but the debate over worker classification is now a national one: On October 11, the Biden administration released a proposal that would make it easier for contract workers to be classified as employees, giving them federal labor protections.\u003c/p>\n\u003ch2>505 days\u003c/h2>\n\u003cp>In California, García-Brower, who was appointed by Newsom, has continued the pro-worker philosophy of her agency. She was a former executive director of the Maintenance Cooperation Trust Fund, a Los Angeles-based organization that investigates wage theft and other abuses in the janitorial industry.\u003c/p>\n\u003cp>“My No. 1 goal is to improve our ability to enforce the law, to make workers’ protections real in a very practical way for the poorest workers, for those vulnerable communities,” García-Brower said in an interview with CalMatters last month.\u003c/p>\n\u003cp>Most pressing for García-Brower is addressing backlogs for those workers waiting to have their wage claims heard. For workers who don’t drop or settle their cases, \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/\">the state averages 505 days to decide an individual worker’s wage claim\u003c/a>, data from 2017 to 2021 shows. That is much longer than the 135-day maximum set by state law.\u003c/p>\n\u003cp>Kalra, the Assembly member, said California needs to quickly address those wait times by staffing the commissioner’s office.\u003c/p>\n\u003cp>“We’re having these massive budget surpluses. If we can’t give them the resources now, then it may just show that it’s not a priority,” he said. “I really hope that’s not the case.”\u003c/p>\n\u003cp>\u003cem>CalMatters staff reporters Lil Kalish and Grace Gedye contributed to this report. Julie Watts is an investigative journalist at CBS13 in Sacramento. \u003c/em>\u003c/p>\n\u003cp>\u003cem>This article is part of the \u003ca href=\"https://calmatters.org/projects/california-divide/\">California Divide\u003c/a> project examining income inequality and economic survival in California.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>For decades, California’s lawmakers and regulators have taken aim at \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/?series=unpaid-wages-california-workers\">employers who rob their workers\u003c/a> of pay, overtime premiums, tips and other forms of compensation.\u003c/p>\n\u003cp>Just last year, legislators made \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB1003\">certain instances of wage theft a felony\u003c/a>. They also fixed their sights on \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB62\">wage theft in the garment industry\u003c/a>, eliminating some long-standing pay practices that often resulted in workers being paid below the minimum wage.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Earlier this month, California Labor Commissioner Lilia García-Brower \u003ca href=\"https://www.dir.ca.gov/DIRNews/2022/2022-81.html\">recovered $282,000 in stolen wages\u003c/a> and penalties for 22 workers of a Long Beach car wash using a law enacted in January that empowers her office to \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB572\">place liens on the property of problematic worksites\u003c/a>.\u003c/p>\n\u003cp>California’s laws targeting wage theft — which is the failure by bosses to pay workers what they are owed — make it a leader among states, national labor experts say. But enforcing those laws has not been easy.\u003c/p>\n\u003cp>State officials and lawmakers say the Labor Commissioner’s office, the California agency overseeing wage and hour violations, has been too short-staffed to do its job, a problem that worsened during the pandemic and subsequent labor shortage.\u003c/p>\n\u003cp>Last year alone, California workers filed nearly 19,000 individual claims totaling more than $338 million in stolen wages. Many claims take three times longer than the legal minimum of 135 days to resolve, data provided by the Labor Commissioner’s office shows.\u003c/p>\n\u003ch2>‘Three strikes’\u003c/h2>\n\u003cp>Assemblymember Ash Kalra, a San José Democrat who chairs the Assembly’s labor committee, said the Labor Commissioner does not have enough agents or other workers to process all the wage claims made by California workers effectively.\u003c/p>\n\u003cp>Nearly a third of the Labor Commissioner’s positions were vacant in May, officials told a state Senate budget committee. In August, a spokesperson for the Labor Commissioner’s office told CalMatters \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/\">the office had hired 288 people since January 2021\u003c/a>, but not how many people had left the office during that period.\u003c/p>\n\u003cp>The Labor Commissioner’s budget this year is $166 million, enough funding for nearly 840 positions.\u003c/p>\n\u003cp>“We need to put more urgency into it,” Kalra said, ”and that could include having hiring bonuses, whatever it takes to increase the staffing, because it’s unacceptable — the current state of affairs. If we really care about these workers, we need to show it.”\u003c/p>\n\u003cfigure id=\"attachment_11929428\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1430447016.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11929428 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/10/GettyImages-1430447016.jpg\" alt=\"a woman in a blue blazer speaks behind a podium at a press conference\" width=\"1024\" height=\"683\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016.jpg 1024w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/10/GettyImages-1430447016-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">California Labor Commissioner Lilia García-Brower speaks during a press conference in Long Beach on Tuesday, Oct. 4, 2022. The state Labor Commissioner’s Office returned more than $200,000 in stolen wages to 22 Long Beach car wash workers. The wages were recovered through a new law, SB 572. But insiders say issues with staffing and retention at the Commissioner’s office have made the law hard to enforce. \u003ccite>(Brittany Murray/MediaNews Group/Long Beach Press-Telegram via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Experts and legislators say California’s bureaucratic hiring processes and below-market salaries are complicating its hiring efforts.\u003c/p>\n\u003cp>When it comes to recruiting workers, “it’s three strikes against them right now, just the government in general,” said Patrick Murphy, director of resource equity and public finance at The Opportunity Institute, a nonprofit that studies poverty and racial inequality in California. “It’s the nature of government, the tight labor market, and then the specialization that goes with these jobs.”\u003c/p>\n\u003cp>The state’s hiring and retention issues at agencies enforcing labor laws have existed for years. The Little Hoover Commission, California’s bipartisan oversight agency, studied wage theft in 2015 as part of \u003ca href=\"https://lhc.ca.gov/sites/lhc.ca.gov/files/Reports/226/Report226.pdf\">an investigation of California’s underground economy\u003c/a>.\u003c/p>\n\u003ch2>Hiring frustrations\u003c/h2>\n\u003cp>The study found that state investigators across agencies are paid less than those in police forces and often required to have more training and education. The state’s hiring process for such jobs can take up to a year, the report found, making hiring frustrating for all parties.\u003c/p>\n\u003cp>“We’re just not a competitive employer,” said Krystal Beckham, project manager with the commission, who led the study. “You can see that when it comes to enforcement in the underground economy.”\u003c/p>\n\u003cp>California stands out among states for \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/#89a79d79-151c-4aa7-856c-919c81bdb37f\">its efforts and policies to tackle wage theft given its union density\u003c/a>, number of worker centers and public dollars committed to combating the problem, said David Cooper, a researcher who has studied wage theft at the left-leaning Economic Policy Institute, which is based in Washington, D.C.\u003c/p>\n\u003cp>\u003ca href=\"https://www.bls.gov/regions/west/news-release/unionmembership_california.htm\">Union members accounted for 15.9% of wage and salary workers in California\u003c/a>, compared to 10.3% nationally. That higher-than-average membership helps workers identify wage theft, Cooper said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://mitsloan.mit.edu/sites/default/files/2022-06/Report%20on%20Worker%20Organizing%20Landscape%20in%20US%20by%20Kochan%20Fine%20Bronfenbrenner%20Naidu%20et%20al%20June%202022.pdf\">The state also has 47 worker centers\u003c/a>, more than any other, according to a recent report by the Worker Empowerment Research Network, a national collection of labor experts. Worker centers are community-based organizations providing training and support for lower-income workers. California’s labor offices have partnered with a coalition of 17 centers to bring wage theft investigations in certain industries.\u003c/p>\n\u003cp>Also, workers can file lawsuits against employers through California’s Private Attorneys General Act (PAGA), which gives workers the same powers as the state to sue employers and recover penalties on behalf of co-workers. Last year the Department of Industrial Relations received 6,501 notices of new PAGA suits, according to data provided to CalMatters in response to a records request.\u003c/p>\n\u003ch2>Abusive practices\u003c/h2>\n\u003cp>The size of California’s economy, its diversity and its demographics also give cover to abusive practices by employers, experts said. The state has a vast service economy, a robust agricultural sector and one of the nation’s largest immigrant populations, including about \u003ca href=\"https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/CA\">1.7 million undocumented workers\u003c/a>, according to the Migration Policy Institute.\u003c/p>\n\u003cp>Wage theft typically affects society’s most vulnerable workers: those with the least education and financial means and the fewest legal protections. Often those workers are immigrants.\u003c/p>\n\u003cp>“California has far more immigrants than a lot of other places, and we know that immigrants, and people of color generally, tend to more likely be victims of wage theft,” said Cooper, director of the institute’s Economic Analysis and Research Network, which coordinates nearly 60 state and local research and advocacy efforts nationally.\u003c/p>\n\u003cp>“Immigrants who are either undocumented, or may have family who are undocumented, are not going to speak up as vocally if their rights are being violated,” he said.\u003c/p>\n\u003cp>Cooper said the thousands of wage theft claims filed in California each year are likely an undercount of stolen-pay cases.\u003c/p>\n\u003ch2>‘Good faith dispute’\u003c/h2>\n\u003cp>On the other hand, the California Chamber of Commerce said those claims represent only a fragment of a percent of California’s $1 trillion-a-year payroll, and the vast majority of claims are misunderstandings of California law.\u003c/p>\n\u003cp>CalChamber CEO Jennifer Barrera, who represented employers as an attorney before joining the business group, said wage theft claims at large employers often come down to a “good faith dispute” about whether a worker was properly classified. With small employers, there often was a lack of education about labor laws, she said.\u003c/p>\n\u003cp>“When you got into the smaller employers, it was just a lack of understanding of what actually the law required but thinking that they were doing things right,” she said.\u003c/p>\n\u003cp>California’s policymakers over the years have focused on accountability in cases of wage theft. The state, for instance, requires businesses in certain industries, such as car washes and garment manufacturers, to register with the state and post bonds with the state, so there are funds available to recoup stolen wages for workers.\u003c/p>\n\u003cp>The Legislature also has taken on the growing prevalence of contracting and subcontracting in various industries by passing laws that make the “parent” employer or company responsible for a contractor’s labor violations.\u003c/p>\n\u003cp>California’s former Labor Commissioner, Julie Su, instituted a statewide, multilingual “Wage Theft Is A Crime” public awareness campaign in 2014. Two years later she launched a strategy of partnering with various workers’ rights organizations throughout the state to bring targeted, high-profile enforcement actions against some large employers.\u003c/p>\n\u003ch2>Advocates, not umpires\u003c/h2>\n\u003cp>Experts credit much of California’s wage theft enforcement philosophy to Su’s advocacy.\u003c/p>\n\u003cp>“Su lifted up an entirely different way of thinking about the role of government and was not afraid to say, ‘We are not neutral. That is not our role. We are not umpires,’” said Janice Fine, professor of labor studies and employment relations at Rutgers University. “‘We are advocates for worker rights.’”\u003c/p>\n\u003cp>Su, now deputy secretary of labor in President Biden’s administration, through a spokesperson declined to comment.\u003c/p>\n\u003cp>Some experts have argued that gig economy companies such as Uber and Lyft have committed wholesale wage theft by classifying their workers as contractors rather than employees.\u003c/p>\n\u003cp>California, the birthplace of the gig economy, has been at the forefront of those battles.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In 2019, Gov. Gavin Newsom signed \u003ca href=\"https://www.wsj.com/articles/california-enacts-law-to-classify-some-gig-workers-as-employees-11568831719\">legislation intended to classify some independent contractors as employees\u003c/a>. In response, Uber, Lyft and other gig giants spent more than $200 million on a successful ballot measure, Proposition 22, that exempted them from that law. The ballot measure was \u003ca href=\"https://www.sfchronicle.com/tech/article/Prop-22-the-gig-worker-exemption-for-Uber-and-16401915.php\">ruled unconstitutional last year\u003c/a> but remains in place while the case is being appealed.\u003c/p>\n\u003cp>In 2020, García-Brower’s office sued the ride-sharing companies, accusing them of “systemic wage theft” for misclassifying workers and failing to meet their obligations under California law, including paying minimum wage and overtime, providing rest breaks and other requirements. That suit also remains outstanding, but the debate over worker classification is now a national one: On October 11, the Biden administration released a proposal that would make it easier for contract workers to be classified as employees, giving them federal labor protections.\u003c/p>\n\u003ch2>505 days\u003c/h2>\n\u003cp>In California, García-Brower, who was appointed by Newsom, has continued the pro-worker philosophy of her agency. She was a former executive director of the Maintenance Cooperation Trust Fund, a Los Angeles-based organization that investigates wage theft and other abuses in the janitorial industry.\u003c/p>\n\u003cp>“My No. 1 goal is to improve our ability to enforce the law, to make workers’ protections real in a very practical way for the poorest workers, for those vulnerable communities,” García-Brower said in an interview with CalMatters last month.\u003c/p>\n\u003cp>Most pressing for García-Brower is addressing backlogs for those workers waiting to have their wage claims heard. For workers who don’t drop or settle their cases, \u003ca href=\"https://calmatters.org/california-divide/2022/08/wage-theft-california-car-wash/\">the state averages 505 days to decide an individual worker’s wage claim\u003c/a>, data from 2017 to 2021 shows. That is much longer than the 135-day maximum set by state law.\u003c/p>\n\u003cp>Kalra, the Assembly member, said California needs to quickly address those wait times by staffing the commissioner’s office.\u003c/p>\n\u003cp>“We’re having these massive budget surpluses. If we can’t give them the resources now, then it may just show that it’s not a priority,” he said. “I really hope that’s not the case.”\u003c/p>\n\u003cp>\u003cem>CalMatters staff reporters Lil Kalish and Grace Gedye contributed to this report. Julie Watts is an investigative journalist at CBS13 in Sacramento. \u003c/em>\u003c/p>\n\u003cp>\u003cem>This article is part of the \u003ca href=\"https://calmatters.org/projects/california-divide/\">California Divide\u003c/a> project examining income inequality and economic survival in California.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Many California Workers Win Judgments for Wage Theft — But Still Don't Get Paid",
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"content": "\u003cp>Manuel Chavez, a former front-desk manager at the Stuart Hotel in Los Angeles’ MacArthur Park neighborhood, was elated when he won a wage claim victory of more than $200,000 against his old boss in 2017.\u003c/p>\n\u003cp>California’s Labor Commissioner ruled Chavez had worked thousands more hours than his employer paid him for over a three-year period — \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Chavez-v-Patel-Labor-Commissioner-ODA.pdf\">a clear case of wage theft\u003c/a>, the state decided after administrative hearings.\u003c/p>\n\u003cp>“I felt good, very content, after so much work and so much suffering,” Chavez said about his case.\u003c/p>\n\u003cp>Rather than paying Chavez, his former employer countersued, taking the case to appeals courts multiple times and trying and failing to get it heard by the U.S. Supreme Court — twice.\u003c/p>\n\u003cp>Chavez hasn’t been compensated. His experience may be unusual, but it underscores a plight common for thousands of California workers who win wage theft claims: Many bosses don’t pay, even after courts order them to.\u003c/p>\n\u003ch2>Paper victories\u003c/h2>\n\u003cp>Only 1 in 7 employers who were issued court judgments in wage claim cases in 2017 have paid their workers the full amount of the claims five years later, according to data from the Labor Commissioner.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>That’s the state’s best estimate; a disclaimer on the agency’s website reads, “Defendants often make payments to claimants directly without the knowledge of the Labor Commissioner’s Office.” In other words, the agency admits it doesn’t always know whether those judgments are paid, although state law says the office “shall make every reasonable effort to ensure that judgments are satisfied.”\u003c/p>\n\u003cp>What’s more, California’s wage claim system is so backlogged it takes nearly four times longer than state law permits for the average case to reach a decision, according to a CalMatters analysis of state data. Most workers drop or settle their claims before a hearing. Judgments are issued if a worker persists and wins.\u003c/p>\n\u003cp>Labor Commissioner Lilia García-Brower, through a spokesperson, refused to be interviewed about her office’s work on wage theft, which is the failure to pay employees what they’re legally owed.\u003c/p>\n\u003ch2>505 days\u003c/h2>\n\u003cp>Wage theft has been a significant focus of California policymakers for years given \u003ca href=\"https://www.kqed.org/news/11906414/did-the-pandemic-create-more-income-inequality-in-california\">the state’s high income inequality\u003c/a>.\u003c/p>\n\u003cp>When a worker files a \u003ca href=\"https://www.kqed.org/news/11920425/heres-how-californians-can-get-their-money-back-when-employers-steal-wages\">wage claim\u003c/a> with the California Department of Industrial Relations, the Labor Commissioner’s Office holds a settlement conference with the employer. If the claim isn’t settled, a deputy commissioner holds a hearing. If they decide the employer owes the worker wages and the employer doesn’t pay or appeal the decision, that debt becomes a judgment filed in court.\u003c/p>\n\u003cp>The Labor Commissioner, whom the governor appoints, does seek payment of wage judgments on behalf of some workers. In general, workers are directed to \u003ca href=\"https://wagetheftisacrime.com/Legal-Tools.html\">collect these debts on their own\u003c/a>, like any other creditor might.\u003c/p>\n\u003cp>But the power disparities between workers and employers means California’s worker-versus-employer claim system is flawed, said UCLA labor researcher Tia Koonse.\u003c/p>\n\u003cp>“You cannot play whack-a-mole with wage theft,” Koonse said. “It is not an effective strategy to go after every actor on a complaint basis.”\u003c/p>\n\u003cp>When Chavez filed his claim in 2015, he was making $425 a week, and working every day at the Stuart Hotel, case records show. It took him 16 months to get his case heard by a Labor Commissioner’s hearing officer and another six months to get a winning decision.\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/10646865/embed\" width=\"800\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003cbr>\nThe wait for the average California worker who files a wage theft claim has grown since then, according to Labor Commissioner data.\u003c/p>\n\u003cp>For workers who didn’t drop or settle their cases, the state averaged 505 days to decide an individual worker’s wage claim, data from 2017 to 2021 shows — a violation of the 135 days’ maximum set by law.\u003c/p>\n\u003ch2>Battling backlogs\u003c/h2>\n\u003cp>Erika Monterroza, a spokesperson for the Labor Commissioner, told CalMatters last month \u003ca href=\"https://www.kqed.org/news/11924013/wage-theft-car-wash-workers-still-await-millions-in-pay-3-years-later\">the office was addressing backlogs and had hired 288 people since January 2021\u003c/a>. She did not say how many people had left the office during that period. Nearly a third of the Labor Commissioner’s 733 positions were vacant as of May.\u003c/p>\n\u003cp>Paola Laverde, another spokesperson for the Labor Commissioner, wrote in an email that the office processes claims “diligently.”[pullquote align=\"right\" size=\"medium\" citation=\"Tia Koonse, labor researcher, UCLA\"]‘You cannot play whack-a-mole with wage theft. It is not an effective strategy to go after every actor on a complaint basis.’[/pullquote]During the pandemic, the commissioner’s office closed in-person operations and shifted to virtual hearings, labor advocates said. Workers’ attorneys said the office appears to be increasing the frequency of hearings this year.\u003c/p>\n\u003cp>Californians filed 19,000 individual wage claims against employers last year.\u003c/p>\n\u003cp>Koonse and other advocates said an alternative approach to wage theft enforcement may be better for workers than the individual claims route. They said that, since 2016, the Labor Commissioner has partnered with labor and worker groups to initiate \u003ca href=\"https://www.kqed.org/news/11924013/wage-theft-car-wash-workers-still-await-millions-in-pay-3-years-later\">company-wide wage investigations\u003c/a> through the agency’s field enforcement division. Advocates say these result in large-scale, sometimes multimillion-dollar citations, sending messages of deterrence to employers in targeted low-wage industries.\u003c/p>\n\u003ch2>Accident or intent?\u003c/h2>\n\u003cp>Wage claim backlogs in general are a problem for businesses, too, said Jennifer Barrera, chief executive officer of the California Chamber of Commerce.\u003c/p>\n\u003cp>“We would like to see claims handled in the most efficient way possible,” Barrera said. “The employer, as well, wants to have these claims resolved and dealt with.”\u003c/p>\n\u003cp>Aside from wage claims, workers also can file lawsuits against their bosses through California’s Private Attorneys General Act — which gives workers the same powers as the state to sue and recover penalties on behalf of co-workers — and they can file class-action lawsuits and other kinds of suits using California’s regulations.[aside label=\"Related Stories\" tag=\"wage-theft\"]Barrera said only a fraction of California’s employers intentionally steal wages from their employees; many wage claims result from employers misunderstanding California’s evolving labor laws.\u003c/p>\n\u003cp>“We have the most complex labor and employment laws, I would argue, in the country,” Barrera said. “We don’t really do a great job, once the laws are passed, educating employers.”\u003c/p>\n\u003cp>Those who misinterpret labor laws shouldn’t be considered guilty of wage theft, she said, although their workers should be repaid.\u003c/p>\n\u003cp>“The enforcement really should be focused on the bad actors who are intentionally stealing wages from employees,” she said.\u003c/p>\n\u003ch2>A bit of satisfaction\u003c/h2>\n\u003cp>Despite its hurdles, the individual wage claim system still provides victories for some workers — often in the form of settlements.\u003c/p>\n\u003cp>Mayra Perez, a former San Francisco office janitor, initially hoped to win a wage theft claim she filed with the state in January 2020 against San Mateo-based Eat My Dust Inc. Perez, an immigrant from El Salvador, claimed more than $38,000 in unpaid hours, untaken breaks, vacation owed, out-of-pocket expenses and other violations for two years and four months that ended May 30, 2019.\u003c/p>\n\u003cp>In its written response to her claim, Eat My Dust contended Perez had refused to use the company’s time-tracking software and that the company had no records of her complaining about not getting breaks.\u003c/p>\n\u003cp>After the case dragged on for more than two years, Perez settled for $20,000 on June 3 of this year, she said.\u003c/p>\n\u003cp>An attorney for the company, Jeanine DeBacker, said it was an “amicable resolution.”\u003c/p>\n\u003cp>Perez said she is satisfied with the money, because she believes she would have gotten less had she joined a class-action suit other workers brought against the company that recently was nearly settled.\u003c/p>\n\u003cp>Nevertheless, she said, she would have liked to have faced her former direct manager at her wage theft hearing, but the pandemic robbed her of that opportunity; her hearing was scheduled as a Zoom call.\u003c/p>\n\u003cp>“I did want to see him and see the expression he had,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11925795\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11925795 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/Mayra-Perez-800x533.jpg\" alt=\"A woman with dark clothing stands out of focus on the right side of the frame with her back to the camera in the middle of a large, mostly dirt lot with small patches of grass. The sun, out of frame to the right, illuminates her brown hair. The woman faces towards toward the backside of a home roughly 100 feet in front of her with a fence blocking the view of the home's first floor. Behind the home, far in the distance, the San Francisco skyline peaks out over the top of the fence. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez.jpg 1980w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mayra Perez can see the financial district in San Francisco from outside her home on Treasure Island. \u003ccite>(Martin do Nascimento/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Manager’s hours\u003c/h2>\n\u003cp>Chavez had no such resolution after winning his case. The 60-year-old immigrant from Mexico had worked and lived at the Stuart Hotel since 2002, first working overnight and evening shifts, before becoming manager and working long days, he told CalMatters.\u003c/p>\n\u003cp>His duties included sweeping, cleaning rooms, collecting rent, making repairs and dealing with fights between tenants, he told the Labor Commissioner’s Office at his wage claim hearings.\u003c/p>\n\u003cp>In a recent interview, Chavez said there were always loiterers in the building and tenants coming and going.\u003c/p>\n\u003cp>“My son would tell me, ‘Don’t be stupid, Dad. You work too much, and they pay you too little, and you never rest,’” Chavez told CalMatters.\u003c/p>\n\u003cp>After Chavez filed his claim, hotel owner Balubhai Patel sued Chavez, accusing him of stealing from the business. Patel later dropped the suit. He said afterward, during a wage claim hearing, that Chavez did not work overtime and often spent time in his room.\u003c/p>\n\u003cp>The Labor Commissioner in 2017 ordered Patel and his company to pay Chavez $202,000: about $115,000 in wages for about 5,800 overtime hours, plus meal and rest breaks, and the rest in damages and penalties workers can claim under state law. The state also awarded Chavez $33,000 from Stuart Union, a company that managed the hotel for four months before Chavez left.\u003c/p>\n\u003ch2>‘A cottage industry’\u003c/h2>\n\u003cp>Neither Patel nor Stuart Union paid. Instead, a few months later, Patel and the new manager jointly sued Chavez and the Labor Commissioner in Los Angeles County Superior Court, alleging false testimony and civil rights violations. They sought $10 million as well as a reversal of the state’s decision.\u003c/p>\n\u003cp>In a recent phone interview, Patel said Chavez did not deserve the money because he didn’t work nearly the number of hours he claimed. The money would be a “donation,” Patel said.\u003c/p>\n\u003cp>“It’s damn lies,” Patel said. “I’ve been doing business a long time. I never cheat.”\u003c/p>\n\u003cp>Frank Weiser, a lawyer representing Patel, said his client is a leader among local Indian immigrant motel operators. He also called wage claims a “cottage industry” for workers.\u003c/p>\n\u003cp>“The laws are so skewed in favor of employees you do see some abuse,” Weiser said, though he acknowledged Chavez had won his case.\u003c/p>\n\u003cp>“We lost, fair and square,” Weiser said. Payment is still being disputed in court.\u003c/p>\n\u003cp>Chavez’s situation demonstrates how some employers choose to fight or ignore Labor Commissioner decisions.\u003c/p>\n\u003cp>The Labor Commissioner asks courts to enforce unpaid wage theft decisions, and the commissioner’s office maintains a public database reporting those judgments.\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/11125127/embed\" width=\"800\" height=\"650\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003cbr>\nAn analysis of five years of the agency’s public data (2017 through 2021) by CalMatters revealed that 9% of court judgments were recorded as satisfied, or paid in full. Another 16% of those judgments were paid in part or in installments.\u003c/p>\n\u003cp>Three-quarters of workers were recorded as receiving no payment.\u003c/p>\n\u003cp>Those employers who received judgments against them in 2017 — and therefore had five years to pay workers — paid in full 14% of the time, the data shows.\u003c/p>\n\u003cp>The commissioner’s office did not answer questions about the database nor about CalMatters’ analysis.\u003c/p>\n\u003ch2>State’s scorecard\u003c/h2>\n\u003cp>State law allows the agency to recover money on behalf of workers but doesn’t require it to do so in every judgment. In 2021, a Labor Commissioner unit dedicated to enforcing court judgments collected $2.8 million in wage claims on behalf of 311 workers, spokesperson Laverde wrote in an email. The same unit collected $6.2 million on behalf of the commissioner’s field enforcement division.\u003c/p>\n\u003cp>By comparison, the state recorded more than 2,300 wage judgments totaling $50.5 million that year.\u003c/p>\n\u003cp>If a business does not pay a judgment against it, the Labor Commissioner can file liens on an employer’s property and garnish money from the employer’s bank accounts on behalf of workers. The commissioner last year filed 1,328 levies, Laverde wrote.\u003cbr>\n[pullquote align=\"right\" size=\"medium\" citation=\"Jan Collatz, staff attorney, Wage Justice Center\"]‘There’s this assumption that once you get a judgment, you’ve won. Ultimately, a judgment is just a piece of paper.’[/pullquote]The commissioner’s office staff informs workers of this option, and they regularly offer assistance filing levies to workers who prevail in the wage claim adjudication process, Laverde wrote.\u003c/p>\n\u003cp>The agency also can order a business to stop operating if it doesn’t pay workers. But many businesses would not have the cash or assets to pay workers if they weren’t operating, said Jan Collatz, staff attorney at the Los Angeles-based Wage Justice Center, which assists workers and the Labor Commissioner in collecting wage claims.\u003c/p>\n\u003cp>Criminal cases also can complicate collections.\u003c/p>\n\u003cp>Eugene Lee, a Los Angeles attorney who represented Chavez, also won wage theft claims for 13 workers at a Los Angeles soccer merchandise store in 2018. Court dockets do not reflect any payments: Neither A-1 Soccer Warehouse, nor its owner, Enyinnaya Ojogho, have paid the workers despite court judgments against both, Lee said.\u003c/p>\n\u003cp>The California attorney general’s office has accused Ojogho of \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-becerra-announces-charges-against-business-owner-alleged-tax\">stiffing the state $1.6 million\u003c/a> in a pending felony tax evasion case. Ojogho has pleaded not guilty. His defense attorney Robert Schwartz declined to comment on the wage judgments or on whether his client is in a financial position to pay them.\u003c/p>\n\u003ch2>Fear of law\u003c/h2>\n\u003cp>The legal system is set up to decide commercial disputes, Collatz said, but it is stacked against people with lower incomes who often can’t afford to pay attorneys or court filing fees.\u003c/p>\n\u003cp>“There’s this assumption that once you get a judgment, you’ve won,” Collatz said. “Ultimately, a judgment is just a piece of paper.”\u003c/p>\n\u003cp>Assemblymember Ash Kalra, a San José Democrat who chairs his house’s labor committee, called the low payment of judgments unacceptable.\u003c/p>\n\u003cp>“The outcome of that is that employers don’t fear the law,” he said.\u003c/p>\n\u003cp>Kalra said he supports adding funding to the Labor Commissioner’s Office to increase staff. But in the face of the office’s current backlogs, he said workers may need to rely on local and county governments to enforce judgments.\u003c/p>\n\u003cp>Santa Clara County, for instance, threatened to revoke the food permits of restaurants that haven’t paid judgments. County officials said all eight of the restaurants that were cited have paid or are on a payment plan.\u003c/p>\n\u003ch2>A life on hold\u003c/h2>\n\u003cp>In the Stuart Hotel case, the years of countersuits and appeals have so far been “a long war of attrition,” said Lee, Chavez’s attorney. Chavez has prevailed in the trial and appellate courts, including getting the civil rights claims dismissed by the superior court. But Patel appealed all the way to the California Supreme Court, which declined to hear that case, and then he appealed to the U.S. Supreme Court, which also declined.\u003c/p>\n\u003cp>After another round of appeals, the Supreme Court declined to hear another part of Patel’s case this April.\u003c/p>\n\u003cp>Back in 2017, when Chavez first won his case, he told his son he might buy him a car or take him to Mexico to meet relatives.\u003c/p>\n\u003cp>These days he hardly mentions the money, Chavez said.\u003c/p>\n\u003cp>Recently he celebrated his 60th birthday. He lives with his son in Downey and earns a $15-an-hour minimum wage at a temp agency. The appeals have put his entire life on hold, he said.\u003c/p>\n\u003cp>“I just start thinking about it and I get sad,” Chavez said, “and then tell myself, ‘Oh, hopefully one day. Hopefully one day.’”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>CalMatters’ Lil Kalish and CBS News’ Julie Watts contributed reporting to this story.\u003c/em>\u003c/p>\n\n",
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"excerpt": "California workers filing wage theft claims report months-long delays for hearings, and even after workers are awarded a judgment, many employers ignore the debt or fight back.",
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"title": "Many California Workers Win Judgments for Wage Theft — But Still Don't Get Paid | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Manuel Chavez, a former front-desk manager at the Stuart Hotel in Los Angeles’ MacArthur Park neighborhood, was elated when he won a wage claim victory of more than $200,000 against his old boss in 2017.\u003c/p>\n\u003cp>California’s Labor Commissioner ruled Chavez had worked thousands more hours than his employer paid him for over a three-year period — \u003ca href=\"https://calmatters.org/wp-content/uploads/2022/06/Chavez-v-Patel-Labor-Commissioner-ODA.pdf\">a clear case of wage theft\u003c/a>, the state decided after administrative hearings.\u003c/p>\n\u003cp>“I felt good, very content, after so much work and so much suffering,” Chavez said about his case.\u003c/p>\n\u003cp>Rather than paying Chavez, his former employer countersued, taking the case to appeals courts multiple times and trying and failing to get it heard by the U.S. Supreme Court — twice.\u003c/p>\n\u003cp>Chavez hasn’t been compensated. His experience may be unusual, but it underscores a plight common for thousands of California workers who win wage theft claims: Many bosses don’t pay, even after courts order them to.\u003c/p>\n\u003ch2>Paper victories\u003c/h2>\n\u003cp>Only 1 in 7 employers who were issued court judgments in wage claim cases in 2017 have paid their workers the full amount of the claims five years later, according to data from the Labor Commissioner.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>That’s the state’s best estimate; a disclaimer on the agency’s website reads, “Defendants often make payments to claimants directly without the knowledge of the Labor Commissioner’s Office.” In other words, the agency admits it doesn’t always know whether those judgments are paid, although state law says the office “shall make every reasonable effort to ensure that judgments are satisfied.”\u003c/p>\n\u003cp>What’s more, California’s wage claim system is so backlogged it takes nearly four times longer than state law permits for the average case to reach a decision, according to a CalMatters analysis of state data. Most workers drop or settle their claims before a hearing. Judgments are issued if a worker persists and wins.\u003c/p>\n\u003cp>Labor Commissioner Lilia García-Brower, through a spokesperson, refused to be interviewed about her office’s work on wage theft, which is the failure to pay employees what they’re legally owed.\u003c/p>\n\u003ch2>505 days\u003c/h2>\n\u003cp>Wage theft has been a significant focus of California policymakers for years given \u003ca href=\"https://www.kqed.org/news/11906414/did-the-pandemic-create-more-income-inequality-in-california\">the state’s high income inequality\u003c/a>.\u003c/p>\n\u003cp>When a worker files a \u003ca href=\"https://www.kqed.org/news/11920425/heres-how-californians-can-get-their-money-back-when-employers-steal-wages\">wage claim\u003c/a> with the California Department of Industrial Relations, the Labor Commissioner’s Office holds a settlement conference with the employer. If the claim isn’t settled, a deputy commissioner holds a hearing. If they decide the employer owes the worker wages and the employer doesn’t pay or appeal the decision, that debt becomes a judgment filed in court.\u003c/p>\n\u003cp>The Labor Commissioner, whom the governor appoints, does seek payment of wage judgments on behalf of some workers. In general, workers are directed to \u003ca href=\"https://wagetheftisacrime.com/Legal-Tools.html\">collect these debts on their own\u003c/a>, like any other creditor might.\u003c/p>\n\u003cp>But the power disparities between workers and employers means California’s worker-versus-employer claim system is flawed, said UCLA labor researcher Tia Koonse.\u003c/p>\n\u003cp>“You cannot play whack-a-mole with wage theft,” Koonse said. “It is not an effective strategy to go after every actor on a complaint basis.”\u003c/p>\n\u003cp>When Chavez filed his claim in 2015, he was making $425 a week, and working every day at the Stuart Hotel, case records show. It took him 16 months to get his case heard by a Labor Commissioner’s hearing officer and another six months to get a winning decision.\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/10646865/embed\" width=\"800\" height=\"500\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003cbr>\nThe wait for the average California worker who files a wage theft claim has grown since then, according to Labor Commissioner data.\u003c/p>\n\u003cp>For workers who didn’t drop or settle their cases, the state averaged 505 days to decide an individual worker’s wage claim, data from 2017 to 2021 shows — a violation of the 135 days’ maximum set by law.\u003c/p>\n\u003ch2>Battling backlogs\u003c/h2>\n\u003cp>Erika Monterroza, a spokesperson for the Labor Commissioner, told CalMatters last month \u003ca href=\"https://www.kqed.org/news/11924013/wage-theft-car-wash-workers-still-await-millions-in-pay-3-years-later\">the office was addressing backlogs and had hired 288 people since January 2021\u003c/a>. She did not say how many people had left the office during that period. Nearly a third of the Labor Commissioner’s 733 positions were vacant as of May.\u003c/p>\n\u003cp>Paola Laverde, another spokesperson for the Labor Commissioner, wrote in an email that the office processes claims “diligently.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>During the pandemic, the commissioner’s office closed in-person operations and shifted to virtual hearings, labor advocates said. Workers’ attorneys said the office appears to be increasing the frequency of hearings this year.\u003c/p>\n\u003cp>Californians filed 19,000 individual wage claims against employers last year.\u003c/p>\n\u003cp>Koonse and other advocates said an alternative approach to wage theft enforcement may be better for workers than the individual claims route. They said that, since 2016, the Labor Commissioner has partnered with labor and worker groups to initiate \u003ca href=\"https://www.kqed.org/news/11924013/wage-theft-car-wash-workers-still-await-millions-in-pay-3-years-later\">company-wide wage investigations\u003c/a> through the agency’s field enforcement division. Advocates say these result in large-scale, sometimes multimillion-dollar citations, sending messages of deterrence to employers in targeted low-wage industries.\u003c/p>\n\u003ch2>Accident or intent?\u003c/h2>\n\u003cp>Wage claim backlogs in general are a problem for businesses, too, said Jennifer Barrera, chief executive officer of the California Chamber of Commerce.\u003c/p>\n\u003cp>“We would like to see claims handled in the most efficient way possible,” Barrera said. “The employer, as well, wants to have these claims resolved and dealt with.”\u003c/p>\n\u003cp>Aside from wage claims, workers also can file lawsuits against their bosses through California’s Private Attorneys General Act — which gives workers the same powers as the state to sue and recover penalties on behalf of co-workers — and they can file class-action lawsuits and other kinds of suits using California’s regulations.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Barrera said only a fraction of California’s employers intentionally steal wages from their employees; many wage claims result from employers misunderstanding California’s evolving labor laws.\u003c/p>\n\u003cp>“We have the most complex labor and employment laws, I would argue, in the country,” Barrera said. “We don’t really do a great job, once the laws are passed, educating employers.”\u003c/p>\n\u003cp>Those who misinterpret labor laws shouldn’t be considered guilty of wage theft, she said, although their workers should be repaid.\u003c/p>\n\u003cp>“The enforcement really should be focused on the bad actors who are intentionally stealing wages from employees,” she said.\u003c/p>\n\u003ch2>A bit of satisfaction\u003c/h2>\n\u003cp>Despite its hurdles, the individual wage claim system still provides victories for some workers — often in the form of settlements.\u003c/p>\n\u003cp>Mayra Perez, a former San Francisco office janitor, initially hoped to win a wage theft claim she filed with the state in January 2020 against San Mateo-based Eat My Dust Inc. Perez, an immigrant from El Salvador, claimed more than $38,000 in unpaid hours, untaken breaks, vacation owed, out-of-pocket expenses and other violations for two years and four months that ended May 30, 2019.\u003c/p>\n\u003cp>In its written response to her claim, Eat My Dust contended Perez had refused to use the company’s time-tracking software and that the company had no records of her complaining about not getting breaks.\u003c/p>\n\u003cp>After the case dragged on for more than two years, Perez settled for $20,000 on June 3 of this year, she said.\u003c/p>\n\u003cp>An attorney for the company, Jeanine DeBacker, said it was an “amicable resolution.”\u003c/p>\n\u003cp>Perez said she is satisfied with the money, because she believes she would have gotten less had she joined a class-action suit other workers brought against the company that recently was nearly settled.\u003c/p>\n\u003cp>Nevertheless, she said, she would have liked to have faced her former direct manager at her wage theft hearing, but the pandemic robbed her of that opportunity; her hearing was scheduled as a Zoom call.\u003c/p>\n\u003cp>“I did want to see him and see the expression he had,” she said.\u003c/p>\n\u003cfigure id=\"attachment_11925795\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11925795 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/Mayra-Perez-800x533.jpg\" alt=\"A woman with dark clothing stands out of focus on the right side of the frame with her back to the camera in the middle of a large, mostly dirt lot with small patches of grass. The sun, out of frame to the right, illuminates her brown hair. The woman faces towards toward the backside of a home roughly 100 feet in front of her with a fence blocking the view of the home's first floor. Behind the home, far in the distance, the San Francisco skyline peaks out over the top of the fence. \" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/09/Mayra-Perez.jpg 1980w\" sizes=\"auto, (max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Mayra Perez can see the financial district in San Francisco from outside her home on Treasure Island. \u003ccite>(Martin do Nascimento/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>Manager’s hours\u003c/h2>\n\u003cp>Chavez had no such resolution after winning his case. The 60-year-old immigrant from Mexico had worked and lived at the Stuart Hotel since 2002, first working overnight and evening shifts, before becoming manager and working long days, he told CalMatters.\u003c/p>\n\u003cp>His duties included sweeping, cleaning rooms, collecting rent, making repairs and dealing with fights between tenants, he told the Labor Commissioner’s Office at his wage claim hearings.\u003c/p>\n\u003cp>In a recent interview, Chavez said there were always loiterers in the building and tenants coming and going.\u003c/p>\n\u003cp>“My son would tell me, ‘Don’t be stupid, Dad. You work too much, and they pay you too little, and you never rest,’” Chavez told CalMatters.\u003c/p>\n\u003cp>After Chavez filed his claim, hotel owner Balubhai Patel sued Chavez, accusing him of stealing from the business. Patel later dropped the suit. He said afterward, during a wage claim hearing, that Chavez did not work overtime and often spent time in his room.\u003c/p>\n\u003cp>The Labor Commissioner in 2017 ordered Patel and his company to pay Chavez $202,000: about $115,000 in wages for about 5,800 overtime hours, plus meal and rest breaks, and the rest in damages and penalties workers can claim under state law. The state also awarded Chavez $33,000 from Stuart Union, a company that managed the hotel for four months before Chavez left.\u003c/p>\n\u003ch2>‘A cottage industry’\u003c/h2>\n\u003cp>Neither Patel nor Stuart Union paid. Instead, a few months later, Patel and the new manager jointly sued Chavez and the Labor Commissioner in Los Angeles County Superior Court, alleging false testimony and civil rights violations. They sought $10 million as well as a reversal of the state’s decision.\u003c/p>\n\u003cp>In a recent phone interview, Patel said Chavez did not deserve the money because he didn’t work nearly the number of hours he claimed. The money would be a “donation,” Patel said.\u003c/p>\n\u003cp>“It’s damn lies,” Patel said. “I’ve been doing business a long time. I never cheat.”\u003c/p>\n\u003cp>Frank Weiser, a lawyer representing Patel, said his client is a leader among local Indian immigrant motel operators. He also called wage claims a “cottage industry” for workers.\u003c/p>\n\u003cp>“The laws are so skewed in favor of employees you do see some abuse,” Weiser said, though he acknowledged Chavez had won his case.\u003c/p>\n\u003cp>“We lost, fair and square,” Weiser said. Payment is still being disputed in court.\u003c/p>\n\u003cp>Chavez’s situation demonstrates how some employers choose to fight or ignore Labor Commissioner decisions.\u003c/p>\n\u003cp>The Labor Commissioner asks courts to enforce unpaid wage theft decisions, and the commissioner’s office maintains a public database reporting those judgments.\u003cbr>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/11125127/embed\" width=\"800\" height=\"650\" scrolling=\"yes\" class=\"iframe-class\" frameborder=\"0\">\u003c/iframe>\u003cbr>\nAn analysis of five years of the agency’s public data (2017 through 2021) by CalMatters revealed that 9% of court judgments were recorded as satisfied, or paid in full. Another 16% of those judgments were paid in part or in installments.\u003c/p>\n\u003cp>Three-quarters of workers were recorded as receiving no payment.\u003c/p>\n\u003cp>Those employers who received judgments against them in 2017 — and therefore had five years to pay workers — paid in full 14% of the time, the data shows.\u003c/p>\n\u003cp>The commissioner’s office did not answer questions about the database nor about CalMatters’ analysis.\u003c/p>\n\u003ch2>State’s scorecard\u003c/h2>\n\u003cp>State law allows the agency to recover money on behalf of workers but doesn’t require it to do so in every judgment. In 2021, a Labor Commissioner unit dedicated to enforcing court judgments collected $2.8 million in wage claims on behalf of 311 workers, spokesperson Laverde wrote in an email. The same unit collected $6.2 million on behalf of the commissioner’s field enforcement division.\u003c/p>\n\u003cp>By comparison, the state recorded more than 2,300 wage judgments totaling $50.5 million that year.\u003c/p>\n\u003cp>If a business does not pay a judgment against it, the Labor Commissioner can file liens on an employer’s property and garnish money from the employer’s bank accounts on behalf of workers. The commissioner last year filed 1,328 levies, Laverde wrote.\u003cbr>\n\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The commissioner’s office staff informs workers of this option, and they regularly offer assistance filing levies to workers who prevail in the wage claim adjudication process, Laverde wrote.\u003c/p>\n\u003cp>The agency also can order a business to stop operating if it doesn’t pay workers. But many businesses would not have the cash or assets to pay workers if they weren’t operating, said Jan Collatz, staff attorney at the Los Angeles-based Wage Justice Center, which assists workers and the Labor Commissioner in collecting wage claims.\u003c/p>\n\u003cp>Criminal cases also can complicate collections.\u003c/p>\n\u003cp>Eugene Lee, a Los Angeles attorney who represented Chavez, also won wage theft claims for 13 workers at a Los Angeles soccer merchandise store in 2018. Court dockets do not reflect any payments: Neither A-1 Soccer Warehouse, nor its owner, Enyinnaya Ojogho, have paid the workers despite court judgments against both, Lee said.\u003c/p>\n\u003cp>The California attorney general’s office has accused Ojogho of \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-becerra-announces-charges-against-business-owner-alleged-tax\">stiffing the state $1.6 million\u003c/a> in a pending felony tax evasion case. Ojogho has pleaded not guilty. His defense attorney Robert Schwartz declined to comment on the wage judgments or on whether his client is in a financial position to pay them.\u003c/p>\n\u003ch2>Fear of law\u003c/h2>\n\u003cp>The legal system is set up to decide commercial disputes, Collatz said, but it is stacked against people with lower incomes who often can’t afford to pay attorneys or court filing fees.\u003c/p>\n\u003cp>“There’s this assumption that once you get a judgment, you’ve won,” Collatz said. “Ultimately, a judgment is just a piece of paper.”\u003c/p>\n\u003cp>Assemblymember Ash Kalra, a San José Democrat who chairs his house’s labor committee, called the low payment of judgments unacceptable.\u003c/p>\n\u003cp>“The outcome of that is that employers don’t fear the law,” he said.\u003c/p>\n\u003cp>Kalra said he supports adding funding to the Labor Commissioner’s Office to increase staff. But in the face of the office’s current backlogs, he said workers may need to rely on local and county governments to enforce judgments.\u003c/p>\n\u003cp>Santa Clara County, for instance, threatened to revoke the food permits of restaurants that haven’t paid judgments. County officials said all eight of the restaurants that were cited have paid or are on a payment plan.\u003c/p>\n\u003ch2>A life on hold\u003c/h2>\n\u003cp>In the Stuart Hotel case, the years of countersuits and appeals have so far been “a long war of attrition,” said Lee, Chavez’s attorney. Chavez has prevailed in the trial and appellate courts, including getting the civil rights claims dismissed by the superior court. But Patel appealed all the way to the California Supreme Court, which declined to hear that case, and then he appealed to the U.S. Supreme Court, which also declined.\u003c/p>\n\u003cp>After another round of appeals, the Supreme Court declined to hear another part of Patel’s case this April.\u003c/p>\n\u003cp>Back in 2017, when Chavez first won his case, he told his son he might buy him a car or take him to Mexico to meet relatives.\u003c/p>\n\u003cp>These days he hardly mentions the money, Chavez said.\u003c/p>\n\u003cp>Recently he celebrated his 60th birthday. He lives with his son in Downey and earns a $15-an-hour minimum wage at a temp agency. The appeals have put his entire life on hold, he said.\u003c/p>\n\u003cp>“I just start thinking about it and I get sad,” Chavez said, “and then tell myself, ‘Oh, hopefully one day. Hopefully one day.’”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>CalMatters’ Lil Kalish and CBS News’ Julie Watts contributed reporting to this story.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>State lawmakers approved a first-of-its-kind bill that supporters say could improve working conditions for roughly half a million fast-food employees in California and spur nationwide ramifications. Gov. Gavin Newsom has until Sept. 30, 2022, to sign or veto the legislation, amid stiff industry opposition.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB257\">AB 257\u003c/a> promises to give some of the lowest-paid workers a bigger voice to shape workplace policies tackling pay and safety violations that labor experts say are \u003ca href=\"https://laborcenter.berkeley.edu/fast-recovery-act-will-raise-labor-standards-and-open-new-opportunities-for-fast-food-worker-organizing-in-california/\">rampant in the industry\u003c/a>, led by some of the country’s most recognizable corporations.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11924068,news_11913643,news_11922927\"]Dozens of people at the state Capitol erupted in cheers and chants of “Si, se pudo!” (“Yes, it could be done” in Spanish) on Monday afternoon, as a narrow majority of 21 state senators pushed past outspoken opposition from Republican colleagues. Industry lobbyists fought hard against the legislation, arguing it will hurt small franchise owners, kill jobs and raise prices for California consumers.\u003c/p>\n\u003cp>Angelica Hernandez, a longtime fast-food worker who slept outside the state Capitol earlier this month to push for the Fast Food Accountability and Standards (FAST) Recovery Act, also celebrated its advance.\u003c/p>\n\u003cp>“It’s so important this bill was passed because we’ll stop suffering from wage theft and being victims of sexual harassment. That’s why I fought day after day for this bill,” said Hernandez, adding that she has worked at a McDonald’s restaurant in Los Angeles for 18 years. She spoke at a press conference organized by the Service Employees International Union, which co-sponsored the FAST Act.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>AB 257 aims to create a Fast Food Council made up of worker, employer and government agency representatives to set minimum standards that would apply to large chains with 100 or more establishments nationwide. The 10-member council would have the authority to boost minimum wages for cooks and cashiers to $22 an hour next year. Subsequent minimum wage increases would be tied to the consumer price index.\u003c/p>\n\u003cp>At least 10,000 fast-food restaurant employees would need to sign a petition calling for the council’s creation before it’s set up.\u003c/p>\n\u003cp>The bill, by Assemblymember Chris Holden (D-Pasadena), initially made fast-food corporations liable for wage theft and other law violations found at their franchise restaurants, which are owned by small-business owners who pay fees to represent the brands. But Holden nixed that section from the final bill in a compromise with critics. Another amendment limits the council’s life span to six years.\u003c/p>\n\u003cp>Still, the legislation represents “one of the most important pro-worker bills in decades,” following the example of fast-food workers enjoying higher wages and benefits in countries like Denmark, said David Madland, a senior fellow at the left-leaning Center for American Progress in Washington, D.C.\u003c/p>\n\u003cp>“It’s such a big deal … not only for the workers in California, but many workers all around the country who are similarly situated and have so much to gain by seeing this succeed,” said Madland, who also spoke at the press conference.\u003c/p>\n\u003cp>“It has the potential to transform the fast-food industry, a quintessential low-wage industry, into [one that delivers] jobs with good wages and decent work and dignity,” he said. “But it also shows a path forward for other low-wage industries.”\u003c/p>\n\u003cfigure id=\"attachment_11922931\" class=\"wp-caption aligncenter\" style=\"max-width: 1542px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11922931\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png\" alt=\"Camping tents outside with some signs.\" width=\"1542\" height=\"1012\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png 1542w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-800x525.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1020x669.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-160x105.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1536x1008.png 1536w\" sizes=\"(max-width: 1542px) 100vw, 1542px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">AB 257 supporters set up a camp to raise awareness of the legislation at the state Capitol in Sacramento on Aug. 16, 2022. \u003ccite>(Rahul Lal/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Opponents, such as the International Franchise Association, called AB 257 a “reckless bill” that would unfairly target the industry, increase fast-food prices for consumers and risk putting small-franchise owners out of business. Those concerns were echoed by \u003ca href=\"https://www.documentcloud.org/documents/22273184-usbc-ab-257\">diverse business groups\u003c/a>, including the California Black Chamber of Commerce and the CalAsian Chamber of Commerce.\u003c/p>\n\u003cp>“Franchising has opened the door for hundreds of thousands of entrepreneurs to pursue their dreams and millions of workers to establish a career, but this bill stands to break all that down while raising prices for Californians and forcing restaurants to close their doors,” said IFA’s President and CEO Matthew Haller in a statement. “Gov. Newsom should stand up for local businesses, the people of California, and responsible government, and veto this legislation.”\u003c/p>\n\u003cp>Higher costs would translate into \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/08/WorkerCompensation_Impact_On_Prices_Limited_Service_Restaurant_8_18_2022pdf.pdf\">higher food prices and less employment in the industry\u003c/a>, according to a UC Riverside School of Business Center for Economic Forecasting and Development analysis earlier this month. The center’s director, Christopher Thornberg, who authored the study, told KQED it was commissioned by the IFA and released before the announcement of final amendments to the bill, such as a cap on minimum wage increases.\u003c/p>\n\u003cp>The association also disputed that working conditions are worse in fast food establishments compared to other businesses. Limited-service restaurants represent a much lower proportion of wage-theft complaints per 1,000 employees filed with the state than other industries, such as transportation and warehousing, according to a \u003ca href=\"https://epionline.org/app/uploads/2022/08/220728_EPI_NotSoFAST_Doc.pdf\">study\u003c/a> by the Employment Policies Institute, a research group with ties to the restaurant industry.\u003c/p>\n\u003cp>Cases of wage theft are often \u003ca href=\"https://www.epi.org/publication/wage-theft-2021/\">underreported\u003c/a>. Vulnerable workers, such as undocumented immigrants, are less likely to complain because they fear retaliation, ignore their rights, or distrust state agencies, according to advocates and researchers.\u003c/p>\n\u003cp>A recent survey of fast-food workers by the SEIU, a main supporter of AB 257, found \u003ca href=\"https://www.kqed.org/news/11913643/most-fast-food-workers-are-victims-of-wage-theft-survey-finds\">eight in 10 said they experienced at least one form of wage theft\u003c/a>, while prior surveys also have found a high rate of pay violations.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Most of the estimated 550,000 fast-food employees in California earn close to minimum wage at franchise fast-food restaurants, and are adults of color, including many immigrants.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>State lawmakers approved a first-of-its-kind bill that supporters say could improve working conditions for roughly half a million fast-food employees in California and spur nationwide ramifications. Gov. Gavin Newsom has until Sept. 30, 2022, to sign or veto the legislation, amid stiff industry opposition.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB257\">AB 257\u003c/a> promises to give some of the lowest-paid workers a bigger voice to shape workplace policies tackling pay and safety violations that labor experts say are \u003ca href=\"https://laborcenter.berkeley.edu/fast-recovery-act-will-raise-labor-standards-and-open-new-opportunities-for-fast-food-worker-organizing-in-california/\">rampant in the industry\u003c/a>, led by some of the country’s most recognizable corporations.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Dozens of people at the state Capitol erupted in cheers and chants of “Si, se pudo!” (“Yes, it could be done” in Spanish) on Monday afternoon, as a narrow majority of 21 state senators pushed past outspoken opposition from Republican colleagues. Industry lobbyists fought hard against the legislation, arguing it will hurt small franchise owners, kill jobs and raise prices for California consumers.\u003c/p>\n\u003cp>Angelica Hernandez, a longtime fast-food worker who slept outside the state Capitol earlier this month to push for the Fast Food Accountability and Standards (FAST) Recovery Act, also celebrated its advance.\u003c/p>\n\u003cp>“It’s so important this bill was passed because we’ll stop suffering from wage theft and being victims of sexual harassment. That’s why I fought day after day for this bill,” said Hernandez, adding that she has worked at a McDonald’s restaurant in Los Angeles for 18 years. She spoke at a press conference organized by the Service Employees International Union, which co-sponsored the FAST Act.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>AB 257 aims to create a Fast Food Council made up of worker, employer and government agency representatives to set minimum standards that would apply to large chains with 100 or more establishments nationwide. The 10-member council would have the authority to boost minimum wages for cooks and cashiers to $22 an hour next year. Subsequent minimum wage increases would be tied to the consumer price index.\u003c/p>\n\u003cp>At least 10,000 fast-food restaurant employees would need to sign a petition calling for the council’s creation before it’s set up.\u003c/p>\n\u003cp>The bill, by Assemblymember Chris Holden (D-Pasadena), initially made fast-food corporations liable for wage theft and other law violations found at their franchise restaurants, which are owned by small-business owners who pay fees to represent the brands. But Holden nixed that section from the final bill in a compromise with critics. Another amendment limits the council’s life span to six years.\u003c/p>\n\u003cp>Still, the legislation represents “one of the most important pro-worker bills in decades,” following the example of fast-food workers enjoying higher wages and benefits in countries like Denmark, said David Madland, a senior fellow at the left-leaning Center for American Progress in Washington, D.C.\u003c/p>\n\u003cp>“It’s such a big deal … not only for the workers in California, but many workers all around the country who are similarly situated and have so much to gain by seeing this succeed,” said Madland, who also spoke at the press conference.\u003c/p>\n\u003cp>“It has the potential to transform the fast-food industry, a quintessential low-wage industry, into [one that delivers] jobs with good wages and decent work and dignity,” he said. “But it also shows a path forward for other low-wage industries.”\u003c/p>\n\u003cfigure id=\"attachment_11922931\" class=\"wp-caption aligncenter\" style=\"max-width: 1542px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11922931\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png\" alt=\"Camping tents outside with some signs.\" width=\"1542\" height=\"1012\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png 1542w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-800x525.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1020x669.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-160x105.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1536x1008.png 1536w\" sizes=\"(max-width: 1542px) 100vw, 1542px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">AB 257 supporters set up a camp to raise awareness of the legislation at the state Capitol in Sacramento on Aug. 16, 2022. \u003ccite>(Rahul Lal/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Opponents, such as the International Franchise Association, called AB 257 a “reckless bill” that would unfairly target the industry, increase fast-food prices for consumers and risk putting small-franchise owners out of business. Those concerns were echoed by \u003ca href=\"https://www.documentcloud.org/documents/22273184-usbc-ab-257\">diverse business groups\u003c/a>, including the California Black Chamber of Commerce and the CalAsian Chamber of Commerce.\u003c/p>\n\u003cp>“Franchising has opened the door for hundreds of thousands of entrepreneurs to pursue their dreams and millions of workers to establish a career, but this bill stands to break all that down while raising prices for Californians and forcing restaurants to close their doors,” said IFA’s President and CEO Matthew Haller in a statement. “Gov. Newsom should stand up for local businesses, the people of California, and responsible government, and veto this legislation.”\u003c/p>\n\u003cp>Higher costs would translate into \u003ca href=\"https://ucreconomicforecast.org/wp-content/uploads/2022/08/WorkerCompensation_Impact_On_Prices_Limited_Service_Restaurant_8_18_2022pdf.pdf\">higher food prices and less employment in the industry\u003c/a>, according to a UC Riverside School of Business Center for Economic Forecasting and Development analysis earlier this month. The center’s director, Christopher Thornberg, who authored the study, told KQED it was commissioned by the IFA and released before the announcement of final amendments to the bill, such as a cap on minimum wage increases.\u003c/p>\n\u003cp>The association also disputed that working conditions are worse in fast food establishments compared to other businesses. Limited-service restaurants represent a much lower proportion of wage-theft complaints per 1,000 employees filed with the state than other industries, such as transportation and warehousing, according to a \u003ca href=\"https://epionline.org/app/uploads/2022/08/220728_EPI_NotSoFAST_Doc.pdf\">study\u003c/a> by the Employment Policies Institute, a research group with ties to the restaurant industry.\u003c/p>\n\u003cp>Cases of wage theft are often \u003ca href=\"https://www.epi.org/publication/wage-theft-2021/\">underreported\u003c/a>. Vulnerable workers, such as undocumented immigrants, are less likely to complain because they fear retaliation, ignore their rights, or distrust state agencies, according to advocates and researchers.\u003c/p>\n\u003cp>A recent survey of fast-food workers by the SEIU, a main supporter of AB 257, found \u003ca href=\"https://www.kqed.org/news/11913643/most-fast-food-workers-are-victims-of-wage-theft-survey-finds\">eight in 10 said they experienced at least one form of wage theft\u003c/a>, while prior surveys also have found a high rate of pay violations.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Most of the estimated 550,000 fast-food employees in California earn close to minimum wage at franchise fast-food restaurants, and are adults of color, including many immigrants.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "wage-theft-car-wash-workers-still-await-millions-in-pay-3-years-later",
"title": "Wage Theft: Car Wash Workers Still Await Millions in Pay, 3 Years Later",
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"content": "\u003cp>\u003cem>Lea este artículo \u003ca href=\"https://calmatters.org/calmatters-en-espanol/2022/08/robo-de-salarios-trabajadores-de-lavado-de-autos-en-caso-de-2-3-millones-aun-esperan-su-pago-luego-de-3-anos/\">en español\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Antonio Dominguez had never seen a car wash before moving to Los Angeles from Mexico in 1997. As a 24-year-old day laborer, he’d walk home each day, stop along a palm-lined boulevard and watch a team of mostly Mexican workers sponge, rinse, dry and polish a line of cars.\u003c/p>\n\u003cp>He was charmed by the waiting customers who seemed pleased with how their vehicles were left gleaming. And he simply loved the cars. In his Mexican hometown, there were few paved roads and cars were luxuries. “I just wanted to touch those cars, those new cars,” Dominguez said. “They came out so pretty.”\u003c/p>\n\u003cp class=\"p1\">[aside label=\"Related Stories\" postID=\"news_11906889,news_11916303,news_11920425\"]Dominguez worked five years at his first car wash job, earning only cash tips, and then was put on the payroll, though his weekly check often didn’t pay him for all of his hours, he said.\u003c/p>\n\u003cp>In his next job, at the Playa Vista Car Wash in Culver City, sometimes Dominguez and the other workers were told to wait in an alley for hours, uncompensated, or they were sent home with no pay, he and the state of California have said.\u003c/p>\n\u003cp>In 2019 the state Labor Commissioner’s office found Playa Vista had shortchanged Dominguez and 63 other workers in wages. It said it was fining the company more than $2.3 million in wage theft violations and penalties, its largest fine ever issued against a car wash business.\u003c/p>\n\u003cp>Three years later, those workers have not been paid. Playa Vista appealed the fine. Last week the Labor Commissioner said both sides had reached a settlement agreement in principle, without describing the details.\u003c/p>\n\u003ch2>An exercise in frustration\u003c/h2>\n\u003cp>Playa Vista’s owner, Hooman Nissani, in his appeal of the fines and citations has said the investigation was flawed and that an audit his company paid for indicates the car wash overpaid some of the staff. Through an attorney, he declined to comment to CalMatters.\u003c/p>\n\u003cp>California’s enforcement of wage theft laws remains an exercise in frustration for workers and businesses alike, despite years of legislative efforts, some of America’s toughest labor laws, and some of the nation’s highest levels of \u003ca href=\"https://www.ppic.org/publication/income-inequality-in-california/\">income inequality\u003c/a>, many experts and advocates said. In California’s wage theft cases, workers can wait months or years to be repaid lost or stolen wages — even when state regulators step in.\u003c/p>\n\u003cp>Last year California workers filed nearly 19,000 individual stolen wage claims totaling more than $338 million, according to a \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/\">database\u003c/a> provided to CalMatters by the Labor Commissioner’s office.\u003c/p>\n\u003cp>While many claims did settle, the average case filed last year that got to a decision was 334 days old — well over the 135-day limit set by law — and thousands of cases filed in 2021 remain pending.\u003c/p>\n\u003cp>“While the timeline for investigations can be lengthy, improvements in our laws have given the Labor Commissioner’s Office … new tools to assist workers in recovering stolen wages,” said Erika Monterroza, a spokesperson, adding the state has made progress on hiring people to help enforce those laws.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Antonio Dominguez, car wash worker\"]‘I would tell myself that in this country, I was nobody.’[/pullquote]She did not comment on the Playa Vista car wash case. The Playa Vista action was brought not by individual workers but by a state enforcement office, yet it is involved, years later, in a quasi-judicial and a civil litigation process, according to state documents.\u003c/p>\n\u003cp>It is one of many investigations aimed at targeting wage theft in specific industries.\u003c/p>\n\u003ch2>The most vulnerable\u003c/h2>\n\u003cp>Wage theft — or the failure by employers to pay employees what they are owed — typically affects the most vulnerable: people with the least education and financial means and fewest legal protections. Often they are immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11924034\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924034\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12.jpg\" alt=\"A portrait of a Latino man in a beige polo shirt\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Antonio Dominguez, 48, started CleanWash Mobile with other car wash workers in Los Angeles. Nearby, the CLEAN Car Wash Center, a nonprofit, provides peer training, an auto detail program and information about health, safety and labor protections. ‘When one comes to this country, one thinks that it is normal to not be paid justly,’ said Dominguez, who has worked in the car wash industry for 23 years. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dominguez said he believes he was taken advantage of because he was ignorant of his rights. “I would tell myself that in this country, I was nobody,” he said.\u003c/p>\n\u003cp>Now 48, Dominguez has graying black hair, bags under his eyes, deep wrinkles and a weary smile. He has described his experiences working at car washes to state investigators, in testimony and in interviews with CalMatters.\u003c/p>\n\u003cp>He grew up the son of a small-plot farmer in the Mexican village of Molcaxac, which he said means “bird’s nest” in Náhuatl, the Aztec language. Dominguez remembers the countryside, situated in the central state of Puebla, as a semi-desert marvel of jaguars, eagles, coyotes, cacti, oak trees and cascading waterfalls. His childhood home was a sheet-metal house, and his father wore huaraches, a type of leather sandal, instead of shoes. They could only get by and never get ahead.\u003c/p>\n\u003cp>“We had nothing,” Dominguez said. “We were poor by nature. There was only enough to eat, and just the essentials.”\u003c/p>\n\u003cp>Dominguez migrated to Los Angeles, finding himself in Mar Vista, a neighborhood of midcentury homes and cramped apartment complexes east of Venice Beach. With few connections, Dominguez first found work as a day laborer. On his walk home each day, he passed a large full-service car wash. He got a job there, he said, after striking up a conversation with a car wash worker who coincidentally was from his village.\u003c/p>\n\u003ch2>A low-paying industry\u003c/h2>\n\u003cp>Dominguez said he worked at that car wash from about 1997 to 2005. For the first five years, he said, he made tips only, often little more than $15 a day, and in his final years he was paid with weekly checks that barely were enough to cover his expenses and send some money home to his family in Mexico, chiefly his mother and sister.\u003c/p>\n\u003cp>Dominguez advanced in his car-washing skills, learning all aspects of the business, he said. But in 2005 he returned to Mexico after longing for home and feeling disillusioned.\u003c/p>\n\u003cp>“You arrive at that moment where you say, ‘What am I doing here?’” Dominguez said. “Why suffer here if you’re better off over there?”\u003c/p>\n\u003cp>Around the same time that Dominguez began working in the car wash industry, Victor Narro, now a law professor and project director at the UCLA Labor Center, began researching low-wage workers as an advocate for the Coalition for Humane Immigrant Rights, a Los Angeles nonprofit.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"800\" height=\"450\" sandbox=\"allow-scripts allow-same-origin allow-popups\" layout=\"responsive\" frameborder=\"0\" resizable src=\"https://calmatters-car-wash.netlify.app/industry-stats\" class=\"i-amphtml-layout-responsive i-amphtml-layout-size-defined\" role=\"button\" scrolling=\"yes\">\u003c/iframe>\u003c/p>\n\u003cp>In 2002, Narro helped UCLA law students interview 23 car wash workers for one of the earliest research papers on the industry in Los Angeles. Interviewers found several of the younger, more recently hired car washers were being paid only in tips, and many expressed the attitude of gratitude for the work — calling themselves propineros, a play on the Spanish word for “tip.” Narro presented the paper to Sacramento lawmakers as evidence that the industry needed regulation.\u003c/p>\n\u003cp>“I was shocked when I was encountering that,” Narro told CalMatters. “It was a major practice, and we knew it was a crisis.”\u003c/p>\n\u003ch2>Car wash laws\u003c/h2>\n\u003cp>Workers also were being paid per car, or daily rates, and some were being asked to work off the clock, Narro said. He found an ally in civil rights and antiwar activist Tom Hayden, a state senator who in 1999 authored \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=199920000SB1097\">a bill that would have required car wash businesses\u003c/a> to register with the Labor Commissioner and post surety bonds that could be used to recover unpaid wages and benefits.\u003c/p>\n\u003cp>Democratic Gov. Gray Davis initially vetoed the bill in 2000 but \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200320040AB1688\">signed an even more robust version three years later\u003c/a>, which, along with the registration requirement, created a restitution fund for car wash workers. The law required employers to carry surety bonds of at least $15,000.\u003c/p>\n\u003cp>In 2008 the United Steelworkers and the AFL-CIO launched a mostly unsuccessful attempt to organize Southern California car wash workers. Democratic Gov. Jerry Brown in 2013 \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1387\">signed a bill\u003c/a> that increased the bond car washes are required to carry to $150,000, but it exempted owners who signed bargaining agreements with unions. These days there are 28 Los Angeles car washes with United Steelworkers Local 675 members, two others in Orange County and one in San Diego.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ash Kalra, assemblymember from San José\"]‘We are collectively failing our workers throughout the state in industries where they need us the most.’[/pullquote]Critics say California’s enforcement of its requirement that car washes register with the state has lacked enforcement, particularly during the pandemic. A report this year by UCLA graduate students found 770 car washes registered with the state in 2020. But there were 2,015 of these establishments operating in California, according to 2020 U.S. census figures. Los Angeles County alone had 576 car washes.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/10992949/embed\" title=\"Interactive or visual content\" class=\"flourish-embed-iframe\" frameborder=\"0\" scrolling=\"no\" style=\"width:100%;height:600px;\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" width=\"100%\" height=\"500\">\u003c/iframe>\u003c/p>\n\u003cp>The Labor Commissioner issued only five citations in 2020 to car washes for not registering, and 13 in 2021. The agency had averaged 108 citations a year in the 10 years prior to the pandemic.\u003c/p>\n\u003ch2>More wage theft enforcement\u003c/h2>\n\u003cp>Assemblymember Ash Kalra, the San José Democrat who chairs the house’s Committee on Labor and Employment, said the Legislature needs to commit more funds to enforcement and the Labor Commissioner needs to deploy them.\u003c/p>\n\u003cp>“We need more resources and more accountability, particularly in industries like the car wash industry,” he said. “We need to raise our voices and make it very clear that we are collectively failing our workers throughout the state in industries where they need us the most.”\u003c/p>\n\u003cp>The state has added 288 people to the Labor Commissioner’s Office since January 2021, Monterroza said, including 116 in the Wage Claim Adjudication Unit and 63 in the Bureau of Field Enforcement.\u003c/p>\n\u003cp>The Labor Commissioner also gained new authority last year to put liens on the properties of businesses that are the subject of the state’s Bureau of Field Enforcement actions, she said, to secure final payments for things such as wage theft. Recently, the commission office used this tool to collect $282,000 from another car wash business, she said.\u003c/p>\n\u003ch2>Getting a bad rap\u003c/h2>\n\u003cp>David Murillo, executive director of the Western Carwash Association, said California’s enforcement of its car wash regulations puts those who comply at a competitive disadvantage.\u003c/p>\n\u003cp>“The good actors are paying for the bad actors,” added Chris Buscaglia, a former board member of the association. “We get the bad rap; we pay all the money. It’s a thorn in our side.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/10992981/embed\" title=\"Interactive or visual content\" class=\"flourish-embed-iframe\" frameborder=\"0\" scrolling=\"no\" style=\"width:100%;height:600px;\" width=\"100%\" height=\"500\">\u003c/iframe>\u003c/p>\n\u003cdiv style=\"width: 100%!;margin-top: 4px!important;text-align: right!important\">\u003ca class=\"flourish-credit\" style=\"text-decoration: none!important\" href=\"https://public.flourish.studio/visualisation/10992981/?utm_source=embed&utm_campaign=visualisation/10992981\" target=\"_top\" rel=\"noopener noreferrer\">\u003cimg decoding=\"async\" style=\"width: 105px!important;height: 16px!important;border: none!important;margin: 0!important\" src=\"https://public.flourish.studio/resources/made_with_flourish.svg\" alt=\"Made with Flourish\"> \u003c/a>\u003c/div>\n\u003cp>By 2009, Dominguez, said he had returned to Los Angeles and was working a new job at Playa Vista, a full-service car wash with a gas station and convenience store on the corner of Centinela Avenue. With his years of experience, Dominguez said, he started at $10.25 an hour, which was $2.25 above the minimum wage then. He was content and proud, he said, to send money home to support his family in Mexico. He was later promoted to detailer and got a dollar-an-hour raise, he said.\u003c/p>\n\u003cp>“Everything was going so well,” he said.\u003c/p>\n\u003cp>In 2014, Nissani took over the business, and the pay and work environment changed, said Dominguez, as did other former Playa Vista workers interviewed by CalMatters.\u003c/p>\n\u003cp>The workers described not getting paid for all their work, having to wait long hours off the clock and not being paid overtime, according to a state press release in 2019 describing citations the state issued against Playa Vista.\u003c/p>\n\u003cp>Nissani appealed the state’s citations, saying some of the workers’ statements are untrue. Since then, COVID-19 and the administrative hearing process have made the case drag on for three years.\u003c/p>\n\u003ch2>‘Hearsay evidence’\u003c/h2>\n\u003cp>In July 2020, the Labor Commissioner also filed a lawsuit against the car wash, Nissani and general manager Keyvan Shamshoni in an attempt to compel them to pay the fines and back wages. Shamshoni also was named in the original citation.\u003c/p>\n\u003cp>Nissani filed objections to the suit, claiming the workers’ statements to the state inspector were hearsay and not backed by evidence.\u003c/p>\n\u003cp>A trial in that civil case was postponed. During his appeal before the Labor Commissioner, Nissani has argued the investigation into his car wash was flawed and relied on anecdotal evidence. His appeal brief said the state’s investigator coaxed workers to sign “untruthful statements” and that the state’s fines and wage assumptions are “grossly inflated” and “riddled with erroneous, unfounded assumptions.”\u003c/p>\n\u003cfigure id=\"attachment_11924073\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1.jpg\" alt=\"a car wash\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Playa Vista Car Wash in Culver City on July 21, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In August 2021 Playa Vista submitted evidence supporting its case, including its own audit by a Los Angeles consulting firm that concluded the car wash may have overpaid its workers.\u003c/p>\n\u003cp>Two former Playa Vista workers interviewed by CalMatters, Cesar Jacobo and Luis Diaz, told a different story. They also have described the changes under Nissani in sworn statements in the Labor Commissioner’s court case.\u003c/p>\n\u003cp>In his statement, 47-year-old Jacobo said the following: Nissani called a worker meeting in November 2014. With one of the managers translating, Nissani introduced himself as the new owner and announced there would no longer be overtime pay. Nissani then asked workers to sign letters agreeing to no further overtime.\u003c/p>\n\u003cfigure id=\"attachment_11924074\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924074\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1.jpg\" alt=\"a car wash\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Playa Vista Car Wash in Culver City on July 21, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A few months later, Shamshoni told the staff they needed to report to work at 7:30 a.m. but workers would begin their shifts whenever managers decided.\u003c/p>\n\u003cp>“He said that we could not walk or wait around the car wash, as that would disturb the clients that were waiting if they saw us and wanted us to work on their cars,” he continued in his statement.\u003c/p>\n\u003ch2>Unpredictable hours\u003c/h2>\n\u003cp>The workers waited in alleys near the car wash, resulting in unpredictable work hours. When Jacobo complained, he said, he was given fewer hours in retaliation. Lunch also grew to be a problem, with workers asked to wait long stretches, sometimes two hours uncompensated, before returning to work.\u003c/p>\n\u003cp>In early 2018, Jacobo said that he was promoted to manager but asked to be demoted — in part because he felt uncomfortable choosing which workers would get work and which would not.\u003c/p>\n\u003cp>In his statement, Diaz, 56, said he was a manager who had worked at Playa Vista for 18 years when Nissani took over.\u003c/p>\n\u003cfigure id=\"attachment_11924075\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924075\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1.jpg\" alt=\"a portrait of a middle-aged man posing by a green van\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz worked in the garment industry for eight years until a friend offered to teach him how to wash cars for a living. ‘I realized that the tips really helped double my pay, and ever since then, it has been 24 years since I got into the car-washing industry,’ Diaz said. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In their statements, both Diaz and Jacobo said the new managers refused to call in additional workers even when the car wash was backed up with clients, in an effort to cut costs. Business deteriorated and workers went past eight hours a day as a result, they said.\u003c/p>\n\u003cp>“Under Hooman (Nissani), the car wash was almost always understaffed: The managers hired way fewer people to operate the car wash on a daily basis than the previous owners, but we still had the same number of cars to service,” Jacobo said. “Oftentimes, I was the only person working in the detailing section, or in other sections of the business, and leaving those sections to take a break would result in leaving a part of the business unattended.”\u003c/p>\n\u003cp>Playa Vista’s attorneys in their appeal wrote that the car wash was undergoing renovations, getting new car-washing equipment, and “as a result, the need for manual labor by employees diminished.”\u003c/p>\n\u003ch2>Lost earnings\u003c/h2>\n\u003cp>Dominguez said he remembers no punch clock, no means provided to record his hours. Managers kept track of workers’ hours, he said, a point also made by Jacobo and Diaz in their sworn statements. Like Dominguez, they said workers were given no process to keep track of their hours.\u003c/p>\n\u003cp>More than anything, those long waits in the alley stand out in Dominguez’s memory. At times they would begin work at 8 a.m., other times 10 a.m., other times later, he said. As they waited their turn to work, the workers chatted, rested, played various games, even an occasional match of pickup soccer, Dominguez said. But mostly, they sat in frustration, he said, because they weren’t earning money.\u003c/p>\n\u003cp>Losing income when his family in Mexico depended on him plunged Dominguez into despair, he said. He worked other jobs on his days off, at times returning to day labor.\u003c/p>\n\u003cp>“If you lose a day, you have to make it up some other way,” Dominguez said. “There isn’t an option of being without work.”\u003c/p>\n\u003cp>In December 2017, Alejandra Hernandez, an inspector with the Labor Commissioner’s Bureau of Field Enforcement, received a tip about the pay practices at the Playa Vista Car Wash, according to court filings and records in Nissani’s appeal. By then, with 18 years’ experience, Hernandez had worked on at least 600 audits, 200 workplace inspections and 100 citations. The Playa Vista referral came from the CLEAN Carwash Worker Center, a nonprofit organization born out of the 2008 unionization efforts. Jacobo is now an employee of CLEAN, and Dominguez has done occasional outreach and education work for the nonprofit.\u003c/p>\n\u003cp>The referral was one of many stemming from the state’s enforcement efforts to eliminate wage theft in certain low-wage industries, including car wash businesses.\u003c/p>\n\u003ch2>Ripple effects\u003c/h2>\n\u003cp>After years of individual workers struggling to navigate California’s lengthy wage claim process — often unsuccessfully — then-California Labor Secretary Julie Su began partnering with workers’ rights organizations in California to bring targeted, high-profile actions.\u003c/p>\n\u003cp>“The theory of this partnership is that your average worker who works in janitorial or in a restaurant or even in agriculture, they’re not just going to go on their own to report the labor law violation,” said Amaya Jennifer Lin, a campaign manager for the National Employment Law Project who has worked with 17 worker centers and the Labor Commissioner’s office over the last six years.\u003c/p>\n\u003cp>“We hope to create, ideally, ripple effects across not just a worksite but across multiple employers and across industries,” Lin said.\u003c/p>\n\u003cp>Business groups argue that the thousands of claims filed by workers last year are only a tiny fraction of California’s $3.5 trillion economy and that most businesses are trying to comply with labor laws.\u003c/p>\n\u003cfigure id=\"attachment_11924078\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924078\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24.jpg\" alt=\"a man's hand wrings out a yellow washcloth\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz rinses a cloth used to dry cars. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“The vast majority … of California employers are compliant in paying wages timely and fairly while trying to untangle and decipher California’s complex and ever-growing body of employment law,” said Denise Davis, spokesperson for the California Chamber of Commerce.\u003c/p>\n\u003cp>Economists who study the issue argue that such claims data doesn’t fully capture how much wage theft exists in the economy because so many workers simply don’t report these violations.\u003c/p>\n\u003ch2>A new inspection\u003c/h2>\n\u003cp>When CLEAN’s referral about Playa Vista came to Hernandez, the inspector began an investigation that included surveillance of Playa Vista, two on-site inspections — including an “inspection warrant” on March 9, 2018 — and 19 worker interviews, she said in court records. Jacobo was one of the workers interviewed, Hernandez said in a sworn statement. Dominguez also spoke to investigators, according to records obtained through a public records request from the Labor Commissioner’s office.\u003c/p>\n\u003cp>Employees, including Shamshoni, gave sworn depositions, and the Labor Commissioner’s office issued subpoenas for payroll records and other business documents after Nissani refused to cooperate, according to filings in the court case. A central part of Nissani’s defense has been challenging Hernandez’s audit, arguing she did not interview all of the workers and therefore the state’s citations were too high.\u003c/p>\n\u003cp>After the audit was completed in March 2019, the state issued 12 citations against Nissani, Shamshoni and the business entity totaling $2.36 million.\u003c/p>\n\u003cp>The state noted “workers were required to report to an alley next to the car wash 30 minutes before the business opened to be selected to work that day. Those not selected were typically sent home several hours later without being paid for the waiting time. Workers were also frequently required to take extended lunch breaks with no split shift premium, or worked up to 10 hours a day with no overtime pay. Managers regularly altered workers’ time cards to reduce total hours worked,” in a press release about its findings and citations.\u003c/p>\n\u003cfigure id=\"attachment_11924080\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924080\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26.jpg\" alt=\"two men in beige shirts wash a car\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz (left) and Rodrigo Hernandez wash a car outside the CLEAN Carwash Worker Center in Los Angeles, an organization that fights for fair wages and health and safety protections for workers. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dominguez said the process has been frustrating, like the days he worked at the car wash and waited in the alley. For the case, he would show up some days at a state office to testify remotely on one of their computers, only to wait around and eventually be sent home, he said.\u003c/p>\n\u003ch2>A worker model\u003c/h2>\n\u003cp>While he awaits resolution of the case, Dominguez and four other car wash workers have launched a new venture. On a recent weekday in July, Dominguez awoke at 6 a.m., he said, left his Mar Vista apartment and drove east to Montebello, traversing much of the city before traffic set in. He parked near a garage where he and a team of other self-employed workers, some from the Playa Vista case, keep a van stocked with car-washing equipment.\u003c/p>\n\u003cp>Dominguez, Diaz and some other car wash veterans started \u003ca href=\"https://www.cleancarwash.org/cooperative#cleanwashmobile\">CleanWash Mobile\u003c/a>, a worker-owned alternative to the car washes they’ve spent their lives in.\u003c/p>\n\u003cp>Before 7:30 a.m. Dominguez had pulled the CleanWash Mobile van up to the cracked, uneven driveway of CLEAN’s Los Angeles headquarters, a no-frills storefront with barred windows and a Farmers Insurance office as their back neighbor.\u003c/p>\n\u003cp>The cooperative had 10 customers lined up for a range of car-washing services, including some detailing work. By 8:30 a.m. Diaz and Rodrigo Hernandez, another former Playa Vista worker, had arrived, donning broad-brimmed hats to protect them from the rising sun and light beige polo shirts over their work clothes.\u003c/p>\n\u003ch2>Future in his hands\u003c/h2>\n\u003cp>Their prices range from $40 for a sedan express wash to a full detail for $300. \u003ca href=\"https://www.gov.ca.gov/2022/04/27/governor-newsom-announces-appointments-4-27-22/\">Adonia Lugo\u003c/a>, a bicycle activist, university lecturer and recent appointee to the California Transportation Commission, got her car washed that day, saying she wanted to support the movement.\u003c/p>\n\u003cp>“This is worker-owned and these are people who are fighting to improve working conditions,” she said. “That’s totally a sustainable transportation issue.”\u003c/p>\n\u003cp>The pandemic ended Dominguez’s time at Playa Vista, he said, and like many lower-income workers, he struggled during lockdowns. He and his sisters sold food out of their kitchen to make ends meet.\u003c/p>\n\u003cp>“The bills don’t stop,” Dominguez said. “We all helped each other out, and that was the only way we survived.”\u003c/p>\n\u003cfigure id=\"attachment_11924089\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924089\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31.jpg\" alt=\"a man in a beige shirt and bucket hat washes a car\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz washes a vehicle outside the CLEAN Carwash Worker Center in Los Angeles on July 21, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dominguez counts himself lucky. One of his co-workers, Eduardo Flores, who also was a party to the Playa Vista case, died of COVID.\u003c/p>\n\u003cp>Dominguez has suffered his own losses. His sister died in July. His mother died a year ago.\u003c/p>\n\u003cp>“I lost my mom, I lost my sister, and they depended a lot on me, so now only I depend on myself,” Dominguez said. “My future is in my own hands.”\u003c/p>\n\u003cp>As more customers pulled their cars up, Hernandez, Díaz and Dominguez took turns lathering and scrubbing exteriors with sponges and neon-colored towels. The men’s movements were measured, their gaits slow. After a few hours all of the men’s cheeks were red and sweaty.\u003c/p>\n\u003cp>Dominguez would work until 7 p.m., not unlike the hours he put in at a commercial car wash, but the pressure was different, he said, taking a break, watching cars zoom by on Washington Boulevard. Working for yourself, he said, you can set the pace, take your time, cast your thoughts back toward home, toward a little village to which you might one day return.\u003c/p>\n\u003cp>For the work they do now, the men pay themselves $17.25 an hour.\u003c/p>\n\u003cp>\u003cem>CalMatters reporter Jeanne Kuang and data reporter Erica Yee contributed reporting.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "The state said the case against the Playa Vista Car Wash in Culver City would be the largest wage theft payout by a California car wash — but Antonio Dominguez and dozens of other car washers have yet to see their unpaid wages.",
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"nprByline": "\u003ca href=\"https://calmatters.org/author/alejandro-lazo/\">Alejandro Lazo\u003c/a> and \u003ca href=\"https://calmatters.org/author/lil-kalish/\">Lil Kalish\u003c/a>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Lea este artículo \u003ca href=\"https://calmatters.org/calmatters-en-espanol/2022/08/robo-de-salarios-trabajadores-de-lavado-de-autos-en-caso-de-2-3-millones-aun-esperan-su-pago-luego-de-3-anos/\">en español\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Antonio Dominguez had never seen a car wash before moving to Los Angeles from Mexico in 1997. As a 24-year-old day laborer, he’d walk home each day, stop along a palm-lined boulevard and watch a team of mostly Mexican workers sponge, rinse, dry and polish a line of cars.\u003c/p>\n\u003cp>He was charmed by the waiting customers who seemed pleased with how their vehicles were left gleaming. And he simply loved the cars. In his Mexican hometown, there were few paved roads and cars were luxuries. “I just wanted to touch those cars, those new cars,” Dominguez said. “They came out so pretty.”\u003c/p>\n\u003cp class=\"p1\">\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Dominguez worked five years at his first car wash job, earning only cash tips, and then was put on the payroll, though his weekly check often didn’t pay him for all of his hours, he said.\u003c/p>\n\u003cp>In his next job, at the Playa Vista Car Wash in Culver City, sometimes Dominguez and the other workers were told to wait in an alley for hours, uncompensated, or they were sent home with no pay, he and the state of California have said.\u003c/p>\n\u003cp>In 2019 the state Labor Commissioner’s office found Playa Vista had shortchanged Dominguez and 63 other workers in wages. It said it was fining the company more than $2.3 million in wage theft violations and penalties, its largest fine ever issued against a car wash business.\u003c/p>\n\u003cp>Three years later, those workers have not been paid. Playa Vista appealed the fine. Last week the Labor Commissioner said both sides had reached a settlement agreement in principle, without describing the details.\u003c/p>\n\u003ch2>An exercise in frustration\u003c/h2>\n\u003cp>Playa Vista’s owner, Hooman Nissani, in his appeal of the fines and citations has said the investigation was flawed and that an audit his company paid for indicates the car wash overpaid some of the staff. Through an attorney, he declined to comment to CalMatters.\u003c/p>\n\u003cp>California’s enforcement of wage theft laws remains an exercise in frustration for workers and businesses alike, despite years of legislative efforts, some of America’s toughest labor laws, and some of the nation’s highest levels of \u003ca href=\"https://www.ppic.org/publication/income-inequality-in-california/\">income inequality\u003c/a>, many experts and advocates said. In California’s wage theft cases, workers can wait months or years to be repaid lost or stolen wages — even when state regulators step in.\u003c/p>\n\u003cp>Last year California workers filed nearly 19,000 individual stolen wage claims totaling more than $338 million, according to a \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/\">database\u003c/a> provided to CalMatters by the Labor Commissioner’s office.\u003c/p>\n\u003cp>While many claims did settle, the average case filed last year that got to a decision was 334 days old — well over the 135-day limit set by law — and thousands of cases filed in 2021 remain pending.\u003c/p>\n\u003cp>“While the timeline for investigations can be lengthy, improvements in our laws have given the Labor Commissioner’s Office … new tools to assist workers in recovering stolen wages,” said Erika Monterroza, a spokesperson, adding the state has made progress on hiring people to help enforce those laws.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘I would tell myself that in this country, I was nobody.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>She did not comment on the Playa Vista car wash case. The Playa Vista action was brought not by individual workers but by a state enforcement office, yet it is involved, years later, in a quasi-judicial and a civil litigation process, according to state documents.\u003c/p>\n\u003cp>It is one of many investigations aimed at targeting wage theft in specific industries.\u003c/p>\n\u003ch2>The most vulnerable\u003c/h2>\n\u003cp>Wage theft — or the failure by employers to pay employees what they are owed — typically affects the most vulnerable: people with the least education and financial means and fewest legal protections. Often they are immigrants.\u003c/p>\n\u003cfigure id=\"attachment_11924034\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924034\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12.jpg\" alt=\"A portrait of a Latino man in a beige polo shirt\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_Dominguez_PU_CM_12-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Antonio Dominguez, 48, started CleanWash Mobile with other car wash workers in Los Angeles. Nearby, the CLEAN Car Wash Center, a nonprofit, provides peer training, an auto detail program and information about health, safety and labor protections. ‘When one comes to this country, one thinks that it is normal to not be paid justly,’ said Dominguez, who has worked in the car wash industry for 23 years. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dominguez said he believes he was taken advantage of because he was ignorant of his rights. “I would tell myself that in this country, I was nobody,” he said.\u003c/p>\n\u003cp>Now 48, Dominguez has graying black hair, bags under his eyes, deep wrinkles and a weary smile. He has described his experiences working at car washes to state investigators, in testimony and in interviews with CalMatters.\u003c/p>\n\u003cp>He grew up the son of a small-plot farmer in the Mexican village of Molcaxac, which he said means “bird’s nest” in Náhuatl, the Aztec language. Dominguez remembers the countryside, situated in the central state of Puebla, as a semi-desert marvel of jaguars, eagles, coyotes, cacti, oak trees and cascading waterfalls. His childhood home was a sheet-metal house, and his father wore huaraches, a type of leather sandal, instead of shoes. They could only get by and never get ahead.\u003c/p>\n\u003cp>“We had nothing,” Dominguez said. “We were poor by nature. There was only enough to eat, and just the essentials.”\u003c/p>\n\u003cp>Dominguez migrated to Los Angeles, finding himself in Mar Vista, a neighborhood of midcentury homes and cramped apartment complexes east of Venice Beach. With few connections, Dominguez first found work as a day laborer. On his walk home each day, he passed a large full-service car wash. He got a job there, he said, after striking up a conversation with a car wash worker who coincidentally was from his village.\u003c/p>\n\u003ch2>A low-paying industry\u003c/h2>\n\u003cp>Dominguez said he worked at that car wash from about 1997 to 2005. For the first five years, he said, he made tips only, often little more than $15 a day, and in his final years he was paid with weekly checks that barely were enough to cover his expenses and send some money home to his family in Mexico, chiefly his mother and sister.\u003c/p>\n\u003cp>Dominguez advanced in his car-washing skills, learning all aspects of the business, he said. But in 2005 he returned to Mexico after longing for home and feeling disillusioned.\u003c/p>\n\u003cp>“You arrive at that moment where you say, ‘What am I doing here?’” Dominguez said. “Why suffer here if you’re better off over there?”\u003c/p>\n\u003cp>Around the same time that Dominguez began working in the car wash industry, Victor Narro, now a law professor and project director at the UCLA Labor Center, began researching low-wage workers as an advocate for the Coalition for Humane Immigrant Rights, a Los Angeles nonprofit.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" width=\"800\" height=\"450\" sandbox=\"allow-scripts allow-same-origin allow-popups\" layout=\"responsive\" frameborder=\"0\" resizable src=\"https://calmatters-car-wash.netlify.app/industry-stats\" class=\"i-amphtml-layout-responsive i-amphtml-layout-size-defined\" role=\"button\" scrolling=\"yes\">\u003c/iframe>\u003c/p>\n\u003cp>In 2002, Narro helped UCLA law students interview 23 car wash workers for one of the earliest research papers on the industry in Los Angeles. Interviewers found several of the younger, more recently hired car washers were being paid only in tips, and many expressed the attitude of gratitude for the work — calling themselves propineros, a play on the Spanish word for “tip.” Narro presented the paper to Sacramento lawmakers as evidence that the industry needed regulation.\u003c/p>\n\u003cp>“I was shocked when I was encountering that,” Narro told CalMatters. “It was a major practice, and we knew it was a crisis.”\u003c/p>\n\u003ch2>Car wash laws\u003c/h2>\n\u003cp>Workers also were being paid per car, or daily rates, and some were being asked to work off the clock, Narro said. He found an ally in civil rights and antiwar activist Tom Hayden, a state senator who in 1999 authored \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=199920000SB1097\">a bill that would have required car wash businesses\u003c/a> to register with the Labor Commissioner and post surety bonds that could be used to recover unpaid wages and benefits.\u003c/p>\n\u003cp>Democratic Gov. Gray Davis initially vetoed the bill in 2000 but \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200320040AB1688\">signed an even more robust version three years later\u003c/a>, which, along with the registration requirement, created a restitution fund for car wash workers. The law required employers to carry surety bonds of at least $15,000.\u003c/p>\n\u003cp>In 2008 the United Steelworkers and the AFL-CIO launched a mostly unsuccessful attempt to organize Southern California car wash workers. Democratic Gov. Jerry Brown in 2013 \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1387\">signed a bill\u003c/a> that increased the bond car washes are required to carry to $150,000, but it exempted owners who signed bargaining agreements with unions. These days there are 28 Los Angeles car washes with United Steelworkers Local 675 members, two others in Orange County and one in San Diego.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "‘We are collectively failing our workers throughout the state in industries where they need us the most.’",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Critics say California’s enforcement of its requirement that car washes register with the state has lacked enforcement, particularly during the pandemic. A report this year by UCLA graduate students found 770 car washes registered with the state in 2020. But there were 2,015 of these establishments operating in California, according to 2020 U.S. census figures. Los Angeles County alone had 576 car washes.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/10992949/embed\" title=\"Interactive or visual content\" class=\"flourish-embed-iframe\" frameborder=\"0\" scrolling=\"no\" style=\"width:100%;height:600px;\" sandbox=\"allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation\" width=\"100%\" height=\"500\">\u003c/iframe>\u003c/p>\n\u003cp>The Labor Commissioner issued only five citations in 2020 to car washes for not registering, and 13 in 2021. The agency had averaged 108 citations a year in the 10 years prior to the pandemic.\u003c/p>\n\u003ch2>More wage theft enforcement\u003c/h2>\n\u003cp>Assemblymember Ash Kalra, the San José Democrat who chairs the house’s Committee on Labor and Employment, said the Legislature needs to commit more funds to enforcement and the Labor Commissioner needs to deploy them.\u003c/p>\n\u003cp>“We need more resources and more accountability, particularly in industries like the car wash industry,” he said. “We need to raise our voices and make it very clear that we are collectively failing our workers throughout the state in industries where they need us the most.”\u003c/p>\n\u003cp>The state has added 288 people to the Labor Commissioner’s Office since January 2021, Monterroza said, including 116 in the Wage Claim Adjudication Unit and 63 in the Bureau of Field Enforcement.\u003c/p>\n\u003cp>The Labor Commissioner also gained new authority last year to put liens on the properties of businesses that are the subject of the state’s Bureau of Field Enforcement actions, she said, to secure final payments for things such as wage theft. Recently, the commission office used this tool to collect $282,000 from another car wash business, she said.\u003c/p>\n\u003ch2>Getting a bad rap\u003c/h2>\n\u003cp>David Murillo, executive director of the Western Carwash Association, said California’s enforcement of its car wash regulations puts those who comply at a competitive disadvantage.\u003c/p>\n\u003cp>“The good actors are paying for the bad actors,” added Chris Buscaglia, a former board member of the association. “We get the bad rap; we pay all the money. It’s a thorn in our side.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" src=\"https://flo.uri.sh/visualisation/10992981/embed\" title=\"Interactive or visual content\" class=\"flourish-embed-iframe\" frameborder=\"0\" scrolling=\"no\" style=\"width:100%;height:600px;\" width=\"100%\" height=\"500\">\u003c/iframe>\u003c/p>\n\u003cdiv style=\"width: 100%!;margin-top: 4px!important;text-align: right!important\">\u003ca class=\"flourish-credit\" style=\"text-decoration: none!important\" href=\"https://public.flourish.studio/visualisation/10992981/?utm_source=embed&utm_campaign=visualisation/10992981\" target=\"_top\" rel=\"noopener noreferrer\">\u003cimg decoding=\"async\" style=\"width: 105px!important;height: 16px!important;border: none!important;margin: 0!important\" src=\"https://public.flourish.studio/resources/made_with_flourish.svg\" alt=\"Made with Flourish\"> \u003c/a>\u003c/div>\n\u003cp>By 2009, Dominguez, said he had returned to Los Angeles and was working a new job at Playa Vista, a full-service car wash with a gas station and convenience store on the corner of Centinela Avenue. With his years of experience, Dominguez said, he started at $10.25 an hour, which was $2.25 above the minimum wage then. He was content and proud, he said, to send money home to support his family in Mexico. He was later promoted to detailer and got a dollar-an-hour raise, he said.\u003c/p>\n\u003cp>“Everything was going so well,” he said.\u003c/p>\n\u003cp>In 2014, Nissani took over the business, and the pay and work environment changed, said Dominguez, as did other former Playa Vista workers interviewed by CalMatters.\u003c/p>\n\u003cp>The workers described not getting paid for all their work, having to wait long hours off the clock and not being paid overtime, according to a state press release in 2019 describing citations the state issued against Playa Vista.\u003c/p>\n\u003cp>Nissani appealed the state’s citations, saying some of the workers’ statements are untrue. Since then, COVID-19 and the administrative hearing process have made the case drag on for three years.\u003c/p>\n\u003ch2>‘Hearsay evidence’\u003c/h2>\n\u003cp>In July 2020, the Labor Commissioner also filed a lawsuit against the car wash, Nissani and general manager Keyvan Shamshoni in an attempt to compel them to pay the fines and back wages. Shamshoni also was named in the original citation.\u003c/p>\n\u003cp>Nissani filed objections to the suit, claiming the workers’ statements to the state inspector were hearsay and not backed by evidence.\u003c/p>\n\u003cp>A trial in that civil case was postponed. During his appeal before the Labor Commissioner, Nissani has argued the investigation into his car wash was flawed and relied on anecdotal evidence. His appeal brief said the state’s investigator coaxed workers to sign “untruthful statements” and that the state’s fines and wage assumptions are “grossly inflated” and “riddled with erroneous, unfounded assumptions.”\u003c/p>\n\u003cfigure id=\"attachment_11924073\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924073\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1.jpg\" alt=\"a car wash\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_39-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Playa Vista Car Wash in Culver City on July 21, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In August 2021 Playa Vista submitted evidence supporting its case, including its own audit by a Los Angeles consulting firm that concluded the car wash may have overpaid its workers.\u003c/p>\n\u003cp>Two former Playa Vista workers interviewed by CalMatters, Cesar Jacobo and Luis Diaz, told a different story. They also have described the changes under Nissani in sworn statements in the Labor Commissioner’s court case.\u003c/p>\n\u003cp>In his statement, 47-year-old Jacobo said the following: Nissani called a worker meeting in November 2014. With one of the managers translating, Nissani introduced himself as the new owner and announced there would no longer be overtime pay. Nissani then asked workers to sign letters agreeing to no further overtime.\u003c/p>\n\u003cfigure id=\"attachment_11924074\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924074\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1.jpg\" alt=\"a car wash\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Playa_Vista_Car_Wash_PU_CM_42-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Playa Vista Car Wash in Culver City on July 21, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A few months later, Shamshoni told the staff they needed to report to work at 7:30 a.m. but workers would begin their shifts whenever managers decided.\u003c/p>\n\u003cp>“He said that we could not walk or wait around the car wash, as that would disturb the clients that were waiting if they saw us and wanted us to work on their cars,” he continued in his statement.\u003c/p>\n\u003ch2>Unpredictable hours\u003c/h2>\n\u003cp>The workers waited in alleys near the car wash, resulting in unpredictable work hours. When Jacobo complained, he said, he was given fewer hours in retaliation. Lunch also grew to be a problem, with workers asked to wait long stretches, sometimes two hours uncompensated, before returning to work.\u003c/p>\n\u003cp>In early 2018, Jacobo said that he was promoted to manager but asked to be demoted — in part because he felt uncomfortable choosing which workers would get work and which would not.\u003c/p>\n\u003cp>In his statement, Diaz, 56, said he was a manager who had worked at Playa Vista for 18 years when Nissani took over.\u003c/p>\n\u003cfigure id=\"attachment_11924075\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924075\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1.jpg\" alt=\"a portrait of a middle-aged man posing by a green van\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_05-1-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz worked in the garment industry for eight years until a friend offered to teach him how to wash cars for a living. ‘I realized that the tips really helped double my pay, and ever since then, it has been 24 years since I got into the car-washing industry,’ Diaz said. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In their statements, both Diaz and Jacobo said the new managers refused to call in additional workers even when the car wash was backed up with clients, in an effort to cut costs. Business deteriorated and workers went past eight hours a day as a result, they said.\u003c/p>\n\u003cp>“Under Hooman (Nissani), the car wash was almost always understaffed: The managers hired way fewer people to operate the car wash on a daily basis than the previous owners, but we still had the same number of cars to service,” Jacobo said. “Oftentimes, I was the only person working in the detailing section, or in other sections of the business, and leaving those sections to take a break would result in leaving a part of the business unattended.”\u003c/p>\n\u003cp>Playa Vista’s attorneys in their appeal wrote that the car wash was undergoing renovations, getting new car-washing equipment, and “as a result, the need for manual labor by employees diminished.”\u003c/p>\n\u003ch2>Lost earnings\u003c/h2>\n\u003cp>Dominguez said he remembers no punch clock, no means provided to record his hours. Managers kept track of workers’ hours, he said, a point also made by Jacobo and Diaz in their sworn statements. Like Dominguez, they said workers were given no process to keep track of their hours.\u003c/p>\n\u003cp>More than anything, those long waits in the alley stand out in Dominguez’s memory. At times they would begin work at 8 a.m., other times 10 a.m., other times later, he said. As they waited their turn to work, the workers chatted, rested, played various games, even an occasional match of pickup soccer, Dominguez said. But mostly, they sat in frustration, he said, because they weren’t earning money.\u003c/p>\n\u003cp>Losing income when his family in Mexico depended on him plunged Dominguez into despair, he said. He worked other jobs on his days off, at times returning to day labor.\u003c/p>\n\u003cp>“If you lose a day, you have to make it up some other way,” Dominguez said. “There isn’t an option of being without work.”\u003c/p>\n\u003cp>In December 2017, Alejandra Hernandez, an inspector with the Labor Commissioner’s Bureau of Field Enforcement, received a tip about the pay practices at the Playa Vista Car Wash, according to court filings and records in Nissani’s appeal. By then, with 18 years’ experience, Hernandez had worked on at least 600 audits, 200 workplace inspections and 100 citations. The Playa Vista referral came from the CLEAN Carwash Worker Center, a nonprofit organization born out of the 2008 unionization efforts. Jacobo is now an employee of CLEAN, and Dominguez has done occasional outreach and education work for the nonprofit.\u003c/p>\n\u003cp>The referral was one of many stemming from the state’s enforcement efforts to eliminate wage theft in certain low-wage industries, including car wash businesses.\u003c/p>\n\u003ch2>Ripple effects\u003c/h2>\n\u003cp>After years of individual workers struggling to navigate California’s lengthy wage claim process — often unsuccessfully — then-California Labor Secretary Julie Su began partnering with workers’ rights organizations in California to bring targeted, high-profile actions.\u003c/p>\n\u003cp>“The theory of this partnership is that your average worker who works in janitorial or in a restaurant or even in agriculture, they’re not just going to go on their own to report the labor law violation,” said Amaya Jennifer Lin, a campaign manager for the National Employment Law Project who has worked with 17 worker centers and the Labor Commissioner’s office over the last six years.\u003c/p>\n\u003cp>“We hope to create, ideally, ripple effects across not just a worksite but across multiple employers and across industries,” Lin said.\u003c/p>\n\u003cp>Business groups argue that the thousands of claims filed by workers last year are only a tiny fraction of California’s $3.5 trillion economy and that most businesses are trying to comply with labor laws.\u003c/p>\n\u003cfigure id=\"attachment_11924078\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924078\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24.jpg\" alt=\"a man's hand wrings out a yellow washcloth\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_24-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz rinses a cloth used to dry cars. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“The vast majority … of California employers are compliant in paying wages timely and fairly while trying to untangle and decipher California’s complex and ever-growing body of employment law,” said Denise Davis, spokesperson for the California Chamber of Commerce.\u003c/p>\n\u003cp>Economists who study the issue argue that such claims data doesn’t fully capture how much wage theft exists in the economy because so many workers simply don’t report these violations.\u003c/p>\n\u003ch2>A new inspection\u003c/h2>\n\u003cp>When CLEAN’s referral about Playa Vista came to Hernandez, the inspector began an investigation that included surveillance of Playa Vista, two on-site inspections — including an “inspection warrant” on March 9, 2018 — and 19 worker interviews, she said in court records. Jacobo was one of the workers interviewed, Hernandez said in a sworn statement. Dominguez also spoke to investigators, according to records obtained through a public records request from the Labor Commissioner’s office.\u003c/p>\n\u003cp>Employees, including Shamshoni, gave sworn depositions, and the Labor Commissioner’s office issued subpoenas for payroll records and other business documents after Nissani refused to cooperate, according to filings in the court case. A central part of Nissani’s defense has been challenging Hernandez’s audit, arguing she did not interview all of the workers and therefore the state’s citations were too high.\u003c/p>\n\u003cp>After the audit was completed in March 2019, the state issued 12 citations against Nissani, Shamshoni and the business entity totaling $2.36 million.\u003c/p>\n\u003cp>The state noted “workers were required to report to an alley next to the car wash 30 minutes before the business opened to be selected to work that day. Those not selected were typically sent home several hours later without being paid for the waiting time. Workers were also frequently required to take extended lunch breaks with no split shift premium, or worked up to 10 hours a day with no overtime pay. Managers regularly altered workers’ time cards to reduce total hours worked,” in a press release about its findings and citations.\u003c/p>\n\u003cfigure id=\"attachment_11924080\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924080\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26.jpg\" alt=\"two men in beige shirts wash a car\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_Car_Wash_CleanOP_PU_CM_26-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz (left) and Rodrigo Hernandez wash a car outside the CLEAN Carwash Worker Center in Los Angeles, an organization that fights for fair wages and health and safety protections for workers. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dominguez said the process has been frustrating, like the days he worked at the car wash and waited in the alley. For the case, he would show up some days at a state office to testify remotely on one of their computers, only to wait around and eventually be sent home, he said.\u003c/p>\n\u003ch2>A worker model\u003c/h2>\n\u003cp>While he awaits resolution of the case, Dominguez and four other car wash workers have launched a new venture. On a recent weekday in July, Dominguez awoke at 6 a.m., he said, left his Mar Vista apartment and drove east to Montebello, traversing much of the city before traffic set in. He parked near a garage where he and a team of other self-employed workers, some from the Playa Vista case, keep a van stocked with car-washing equipment.\u003c/p>\n\u003cp>Dominguez, Diaz and some other car wash veterans started \u003ca href=\"https://www.cleancarwash.org/cooperative#cleanwashmobile\">CleanWash Mobile\u003c/a>, a worker-owned alternative to the car washes they’ve spent their lives in.\u003c/p>\n\u003cp>Before 7:30 a.m. Dominguez had pulled the CleanWash Mobile van up to the cracked, uneven driveway of CLEAN’s Los Angeles headquarters, a no-frills storefront with barred windows and a Farmers Insurance office as their back neighbor.\u003c/p>\n\u003cp>The cooperative had 10 customers lined up for a range of car-washing services, including some detailing work. By 8:30 a.m. Diaz and Rodrigo Hernandez, another former Playa Vista worker, had arrived, donning broad-brimmed hats to protect them from the rising sun and light beige polo shirts over their work clothes.\u003c/p>\n\u003ch2>Future in his hands\u003c/h2>\n\u003cp>Their prices range from $40 for a sedan express wash to a full detail for $300. \u003ca href=\"https://www.gov.ca.gov/2022/04/27/governor-newsom-announces-appointments-4-27-22/\">Adonia Lugo\u003c/a>, a bicycle activist, university lecturer and recent appointee to the California Transportation Commission, got her car washed that day, saying she wanted to support the movement.\u003c/p>\n\u003cp>“This is worker-owned and these are people who are fighting to improve working conditions,” she said. “That’s totally a sustainable transportation issue.”\u003c/p>\n\u003cp>The pandemic ended Dominguez’s time at Playa Vista, he said, and like many lower-income workers, he struggled during lockdowns. He and his sisters sold food out of their kitchen to make ends meet.\u003c/p>\n\u003cp>“The bills don’t stop,” Dominguez said. “We all helped each other out, and that was the only way we survived.”\u003c/p>\n\u003cfigure id=\"attachment_11924089\" class=\"wp-caption aligncenter\" style=\"max-width: 1568px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11924089\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31.jpg\" alt=\"a man in a beige shirt and bucket hat washes a car\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2022/08/07212022_CleanOP_PU_CM_31-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Luis Diaz washes a vehicle outside the CLEAN Carwash Worker Center in Los Angeles on July 21, 2022. \u003ccite>(Pablo Unzueta/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dominguez counts himself lucky. One of his co-workers, Eduardo Flores, who also was a party to the Playa Vista case, died of COVID.\u003c/p>\n\u003cp>Dominguez has suffered his own losses. His sister died in July. His mother died a year ago.\u003c/p>\n\u003cp>“I lost my mom, I lost my sister, and they depended a lot on me, so now only I depend on myself,” Dominguez said. “My future is in my own hands.”\u003c/p>\n\u003cp>As more customers pulled their cars up, Hernandez, Díaz and Dominguez took turns lathering and scrubbing exteriors with sponges and neon-colored towels. The men’s movements were measured, their gaits slow. After a few hours all of the men’s cheeks were red and sweaty.\u003c/p>\n\u003cp>Dominguez would work until 7 p.m., not unlike the hours he put in at a commercial car wash, but the pressure was different, he said, taking a break, watching cars zoom by on Washington Boulevard. Working for yourself, he said, you can set the pace, take your time, cast your thoughts back toward home, toward a little village to which you might one day return.\u003c/p>\n\u003cp>For the work they do now, the men pay themselves $17.25 an hour.\u003c/p>\n\u003cp>\u003cem>CalMatters reporter Jeanne Kuang and data reporter Erica Yee contributed reporting.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California's Fast-Food Bill Could Link Chains to Wage Theft and Other Workplace Violations",
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"content": "\u003cp data-reader-unique-id=\"7\">California lawmakers this month are considering a fast-food bill that would significantly shift the relationship between restaurant workers and the corporate chains whose products they sell.\u003c/p>\n\u003cp data-reader-unique-id=\"8\">If Assembly Bill 257 passes, California would be the first state to assign labor liability to fast-food corporations and not just their individual franchise owners.\u003c/p>\n\u003cp data-reader-unique-id=\"9\">The bill’s provisions would let workers and the state name fast-food chains as a responsible party when workers claim minimum wage violations or unpaid overtime at a franchise location.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Jeff Hanscom, spokesperson, International Franchise Association\"]'You'd be holding an entity responsible or assigning liability for things they don't have control over.'[/pullquote]\u003c/p>\n\u003cp data-reader-unique-id=\"10\">The bill’s language also would allow a franchisee to sue a restaurant chain if their franchise contracts contain strict terms that leave them no choice but to violate labor law.\u003c/p>\n\u003cp data-reader-unique-id=\"16\">It’s part of a larger \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-fast-food-workers/\">bill pushed by unions\u003c/a> to more strictly regulate fast-food businesses. AB 257 also includes a measure to create a state-run, fast-food sector council to set wage and labor standards across the industry.\u003c/p>\n\u003cp data-reader-unique-id=\"19\">Last week the bill survived the \u003ca href=\"https://calmatters.org/politics/california-legislature/2022/08/california-bills-lawmakers/\">\"suspense file\" process\u003c/a>, where controversial bills often are quietly killed. After clearing the Senate Appropriations Committee, the bill awaits a vote on the floor.\u003c/p>\n\u003cp data-reader-unique-id=\"21\">Gov. Gavin Newsom has not stated a position on the bill, but his \u003ca href=\"https://esd.dof.ca.gov/LegAnalysis/getPdf/066D8BA5-C012-ED11-913B-00505685B5D1\">Department of Finance opposes it\u003c/a>, saying it would create “ongoing costs” and \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/\">worsen delays\u003c/a> in the state’s labor enforcement system.\u003c/p>\n\u003cp data-reader-unique-id=\"25\">If it becomes law, proponents said it could deter wage theft and other abuses in the low-wage industry.\u003c/p>\n\u003cp data-reader-unique-id=\"26\">“How you hold the companies at the top of the food chain, who are really setting the terms and conditions of employment, responsible for the lower levels — California has been way ahead on that,” said Janice Fine, professor of labor studies and employment relations at Rutgers University. “What’s happened in California is a real effort to try to figure out the fissured economy.”\u003c/p>\n\u003ch2>California's fast-food bill\u003c/h2>\n\u003cp data-reader-unique-id=\"28\">The fast-food bill is one of the most contentious measures the Legislature is considering during its final weeks in session.\u003c/p>\n\u003cp data-reader-unique-id=\"29\">The California Chamber of Commerce and the state restaurant association have lobbied hard against it, arguing the bill would upend the franchise business model and ultimately raise costs for franchise owners and consumers. On Wednesday, a group of franchisees flooded the Capitol to oppose the bill.[aside postID=\"news_11920425,news_11916303,news_11913643\" label=\"Related Posts\"]The Service Employees International Union and its Fight for $15 campaign led a series of strikes this summer to rally for the bill’s passage\u003cstrong data-reader-unique-id=\"31\">,\u003c/strong> including an overnight rally at the Capitol this week.\u003c/p>\n\u003cp data-reader-unique-id=\"32\">Currently most workers who allege wage theft at, say, a McDonald’s, Burger King or Jack in the Box can only name the owner of their specific franchise location as responsible for paying them back — even as they work under the banner of a multibillion-dollar fast-food corporation.\u003c/p>\n\u003cp data-reader-unique-id=\"38\">In other industries, California already has done some of what AB 257 proposes to do for fast food. In some cases, the state has expanded responsibility for employment conditions beyond the subcontractor or supplier level to the larger companies they do business with, even though they don’t directly employ the workers.\u003c/p>\n\u003cp data-reader-unique-id=\"39\">For instance, in 2014 the Legislature made businesses that use contract workers liable for wage theft committed by those workers’ agencies. Lawmakers later did the same for contractors in the janitorial, gardening, construction and nursing home industries.\u003c/p>\n\u003cp data-reader-unique-id=\"40\">Last year the Legislature passed a measure putting \u003ca href=\"https://calmatters.org/california-divide/2021/08/garment-manufacturers-los-angeles-california-bill-threatens-jobs/\">major fashion brands on the hook for wage theft\u003c/a> by garment manufacturers in their supply chains.\u003c/p>\n\u003ch2>Wage theft in fast food\u003c/h2>\n\u003cp data-reader-unique-id=\"43\">Fast food is the latest industry attracting this type of regulation, and it is one of the largest and most visible.\u003c/p>\n\u003cp data-reader-unique-id=\"44\">Restaurants such as fast-food joints, takeout businesses and cafes employed more than 700,000 workers across the state, according to June federal data. Proponents of the bill estimate 80% of the workers are Black, Latino or Asian and two-thirds are women.\u003c/p>\n\u003cp data-reader-unique-id=\"45\">SEIU and Fight for $15 say the industry is rife with labor violations. The union released a survey of 400 workers this year in which \u003ca href=\"https://fastfoodjusticeahora.com/wp-content/uploads/2022/05/May-2022-Skimmed-and-Scammed-Wage-Theft-in-CA-Fast-Food-.pdf\">85% said they were victims of wage theft\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"47\">Business groups said the bill targets fast food unnecessarily. The Employment Policies Institute, a national think tank with restaurant ties, published a report this month showing the \u003ca href=\"https://epionline.org/app/uploads/2022/08/220728_EPI_NotSoFAST_Doc.pdf\">percentage of wage claims filed against this segment of business is lower than its share of the California workforce\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11922931\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png\">\u003cimg class=\"size-medium wp-image-11922931\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-800x525.png\" alt=\"Camping tents outside with some signs.\" width=\"800\" height=\"525\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-800x525.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1020x669.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-160x105.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1536x1008.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png 1542w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">AB 257 supporters set up a camp to raise awareness of the legislation at the state Capitol in Sacramento on Aug. 16, 2022. \u003ccite>(Rahul Lal/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp data-reader-unique-id=\"53\">If approved, the proposed legislation could mark a turning point in American labor law.\u003c/p>\n\u003cp data-reader-unique-id=\"61\">Typically under the franchise model, fast-food corporations strike agreements with franchisees that dictate a variety of standards for selling food under their brand — but leave wages, hours and labor conditions up to the franchisee.\u003c/p>\n\u003cp data-reader-unique-id=\"63\">The model has provided inroads to business ownership for many minority entrepreneurs, supporters point out.\u003c/p>\n\u003cp data-reader-unique-id=\"64\">But critics say companies like McDonald’s and \u003ca href=\"https://www.nytimes.com/2016/05/25/nyregion/new-york-attorney-general-accuses-dominos-of-wage-theft-in-lawsuit.html?searchResultPosition=2\" data-reader-unique-id=\"65\">Domino’s\u003c/a> have been allowed to profit while distancing themselves from any responsibility for how restaurant employees are treated.\u003c/p>\n\u003ch2>Joint employers?\u003c/h2>\n\u003cp data-reader-unique-id=\"67\">The question of franchisors’ relationship to workers remains unsettled at the federal level. Across three presidential administrations, the National Labor Relations Board has gone back and forth on whether to automatically consider franchisors and franchisees “joint employers.” The courts, including the \u003ca href=\"https://caselaw.findlaw.com/ca-court-of-appeal/1604712.html\" data-reader-unique-id=\"68\">California Supreme Court\u003c/a>, have generally rejected that idea under current laws.\u003c/p>\n\u003cp data-reader-unique-id=\"69\">“These franchise models have been an avenue and way for companies to avoid responsibility for being employers,” said Emily Andrews, director of education, labor and worker justice at the Center for Law and Social Policy, a national, left-leaning anti-poverty organization.\u003c/p>\n\u003cp data-reader-unique-id=\"70\">Studies have found franchisors can exert a significant amount of pressure and control over franchise business owners.\u003c/p>\n\u003cfigure data-reader-unique-id=\"71\">\u003c/figure>\n\u003cp data-reader-unique-id=\"75\">In a paper published last year, law professors at the University of Miami and Cornell University examined 44 franchise contracts from 2016 and found that \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3767661\">more than three-quarters gave the chain exclusive power to terminate contracts\u003c/a>, putting a franchisee “in a position of economic dependence.”\u003c/p>\n\u003cp data-reader-unique-id=\"78\">“Franchisees can respond to intensive franchisor monitoring and tight profit margins by unlawfully chiseling wages as the only cost variable that the franchisor does not directly monitor,” the law professors wrote.\u003c/p>\n\u003cp data-reader-unique-id=\"79\">The International Franchise Association disagrees, arguing the business model is defined by franchise owners’ independence in labor decisions. The fast-food bill, they said, would reduce those owners to middle managers, and larger companies would pull back opportunities in California if they’re required to monitor labor law compliance.\u003c/p>\n\u003cp data-reader-unique-id=\"80\">“You’d be holding an entity responsible or assigning liability for things they don’t have control over,” said Jeff Hanscom, spokesperson for the Washington, D.C.-based association, which includes franchisors and franchisees. “You’re taking a franchise and turning it into the corporate entity.”\u003c/p>\n\u003ch2>The Cheesecake Factory case\u003c/h2>\n\u003cp data-reader-unique-id=\"82\">That argument holds some sway with lawmakers in the state Senate.\u003c/p>\n\u003cp data-reader-unique-id=\"83\">During a June hearing for the fast-food bill before the Senate Judiciary Committee, some Democratic lawmakers questioned whether an automatic expansion of liability is necessary. Sen. Bob Wieckowski, a Fremont Democrat, pointed out that under current law a judge can already find a franchisor liable for a labor violation if it’s proven on a case-by-case basis.\u003c/p>\n\u003cp data-reader-unique-id=\"105\">Representatives for some franchisors, including McDonald’s, Jack in the Box and Burger King, did not respond to requests for comment on California’s fast-food bill.\u003c/p>\n\u003cp data-reader-unique-id=\"106\">To worker advocates, extending liability is key to enforcing wage and labor laws.\u003c/p>\n\u003cp data-reader-unique-id=\"107\">Yardenna Aaron is executive director of the Maintenance Cooperation Trust Fund, a janitorial worker center that pushed for joint liability in that industry in 2015.\u003c/p>\n\u003cp data-reader-unique-id=\"108\">Prior to that law’s passage, Aaron said, contractors often closed up shop or declared bankruptcy when faced with allegations of wage theft, only to reopen under another name or business entity later.\u003c/p>\n\u003cp data-reader-unique-id=\"109\">The new law has enabled the state’s labor commissioner to issue citations against larger and more prominent companies in cases of alleged wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"110\">In a highly publicized 2018 case, the \u003ca href=\"https://www.dir.ca.gov/DIRNews/2018/2018-40.pdf\">California Labor Commissioner named the Cheesecake Factory\u003c/a> jointly responsible with a janitorial services firm, saying they owed nearly $4 million to 559 janitorial workers who cleaned eight of the chain’s Southern California restaurants. It was one of the state’s largest cases of wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"113\">The state has brought similar cases \u003ca href=\"https://www.janitorialwatch.org/2019/10/24/tesla-and-its-contractors-again-cited-and-fined-for-labor-violations-in-california/\" data-reader-unique-id=\"114\">against electric car manufacturer Tesla\u003c/a> for its contractors allegedly underpaying janitors at its San José factories, and \u003ca href=\"https://www.dir.ca.gov/DIRNews/2021/2021-27.html\" data-reader-unique-id=\"115\">e-commerce giant Amazon\u003c/a> for a contractor allegedly failing to pay overtime to its delivery drivers.\u003c/p>\n\u003ch2 data-reader-unique-id=\"116\">The power of the purse\u003c/h2>\n\u003cp data-reader-unique-id=\"117\">Labor experts said it’s too soon to tell whether joint liability has made it easier for the state to recover unpaid wages. State investigations of wage theft take months. And when the state cites employers, seeking unpaid wages and penalties, employers usually appeal, setting off administrative hearing processes that can take years.\u003c/p>\n\u003cp data-reader-unique-id=\"118\">The Cheesecake Factory case is still awaiting a hearing, four years later. Advocates expect a resolution this year, Aaron said. The Maintenance Cooperation Trust Fund represented the workers interviewed in that case; its director at the time, Lilia Garcia-Brower, is now the California Labor Commissioner.\u003c/p>\n\u003cp data-reader-unique-id=\"119\">Officials in the labor commissioner’s office in 2020 pointed to the growing \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2021/FY2021_ORG7350_BCP3767.pdf\" data-reader-unique-id=\"120\">complexity of liability laws\u003c/a> for the long delays in processing the tens of thousands of individual wage claims workers file each year.\u003c/p>\n\u003cp data-reader-unique-id=\"121\">Still, legislative staffers predicted joint liability would “almost certainly” improve labor compliance in fast food by forcing the larger businesses to monitor the behavior of franchisees.\u003c/p>\n\u003cp data-reader-unique-id=\"124\">Aaron said that has been evident in the janitorial industry since the 2015 law change. The worker center meets with client companies that hire janitorial contractors to educate them about labor laws.\u003c/p>\n\u003cp data-reader-unique-id=\"125\">“We find, generally, clients want to avoid the liability that contractors would bring in terms of wage theft cases,” Aaron said. “The power of the purse is real.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp data-reader-unique-id=\"7\">California lawmakers this month are considering a fast-food bill that would significantly shift the relationship between restaurant workers and the corporate chains whose products they sell.\u003c/p>\n\u003cp data-reader-unique-id=\"8\">If Assembly Bill 257 passes, California would be the first state to assign labor liability to fast-food corporations and not just their individual franchise owners.\u003c/p>\n\u003cp data-reader-unique-id=\"9\">The bill’s provisions would let workers and the state name fast-food chains as a responsible party when workers claim minimum wage violations or unpaid overtime at a franchise location.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp data-reader-unique-id=\"10\">The bill’s language also would allow a franchisee to sue a restaurant chain if their franchise contracts contain strict terms that leave them no choice but to violate labor law.\u003c/p>\n\u003cp data-reader-unique-id=\"16\">It’s part of a larger \u003ca href=\"https://calmatters.org/california-divide/2022/06/california-fast-food-workers/\">bill pushed by unions\u003c/a> to more strictly regulate fast-food businesses. AB 257 also includes a measure to create a state-run, fast-food sector council to set wage and labor standards across the industry.\u003c/p>\n\u003cp data-reader-unique-id=\"19\">Last week the bill survived the \u003ca href=\"https://calmatters.org/politics/california-legislature/2022/08/california-bills-lawmakers/\">\"suspense file\" process\u003c/a>, where controversial bills often are quietly killed. After clearing the Senate Appropriations Committee, the bill awaits a vote on the floor.\u003c/p>\n\u003cp data-reader-unique-id=\"21\">Gov. Gavin Newsom has not stated a position on the bill, but his \u003ca href=\"https://esd.dof.ca.gov/LegAnalysis/getPdf/066D8BA5-C012-ED11-913B-00505685B5D1\">Department of Finance opposes it\u003c/a>, saying it would create “ongoing costs” and \u003ca href=\"https://calmatters.org/explainers/when-employers-steal-wages-from-workers/\">worsen delays\u003c/a> in the state’s labor enforcement system.\u003c/p>\n\u003cp data-reader-unique-id=\"25\">If it becomes law, proponents said it could deter wage theft and other abuses in the low-wage industry.\u003c/p>\n\u003cp data-reader-unique-id=\"26\">“How you hold the companies at the top of the food chain, who are really setting the terms and conditions of employment, responsible for the lower levels — California has been way ahead on that,” said Janice Fine, professor of labor studies and employment relations at Rutgers University. “What’s happened in California is a real effort to try to figure out the fissured economy.”\u003c/p>\n\u003ch2>California's fast-food bill\u003c/h2>\n\u003cp data-reader-unique-id=\"28\">The fast-food bill is one of the most contentious measures the Legislature is considering during its final weeks in session.\u003c/p>\n\u003cp data-reader-unique-id=\"29\">The California Chamber of Commerce and the state restaurant association have lobbied hard against it, arguing the bill would upend the franchise business model and ultimately raise costs for franchise owners and consumers. On Wednesday, a group of franchisees flooded the Capitol to oppose the bill.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>The Service Employees International Union and its Fight for $15 campaign led a series of strikes this summer to rally for the bill’s passage\u003cstrong data-reader-unique-id=\"31\">,\u003c/strong> including an overnight rally at the Capitol this week.\u003c/p>\n\u003cp data-reader-unique-id=\"32\">Currently most workers who allege wage theft at, say, a McDonald’s, Burger King or Jack in the Box can only name the owner of their specific franchise location as responsible for paying them back — even as they work under the banner of a multibillion-dollar fast-food corporation.\u003c/p>\n\u003cp data-reader-unique-id=\"38\">In other industries, California already has done some of what AB 257 proposes to do for fast food. In some cases, the state has expanded responsibility for employment conditions beyond the subcontractor or supplier level to the larger companies they do business with, even though they don’t directly employ the workers.\u003c/p>\n\u003cp data-reader-unique-id=\"39\">For instance, in 2014 the Legislature made businesses that use contract workers liable for wage theft committed by those workers’ agencies. Lawmakers later did the same for contractors in the janitorial, gardening, construction and nursing home industries.\u003c/p>\n\u003cp data-reader-unique-id=\"40\">Last year the Legislature passed a measure putting \u003ca href=\"https://calmatters.org/california-divide/2021/08/garment-manufacturers-los-angeles-california-bill-threatens-jobs/\">major fashion brands on the hook for wage theft\u003c/a> by garment manufacturers in their supply chains.\u003c/p>\n\u003ch2>Wage theft in fast food\u003c/h2>\n\u003cp data-reader-unique-id=\"43\">Fast food is the latest industry attracting this type of regulation, and it is one of the largest and most visible.\u003c/p>\n\u003cp data-reader-unique-id=\"44\">Restaurants such as fast-food joints, takeout businesses and cafes employed more than 700,000 workers across the state, according to June federal data. Proponents of the bill estimate 80% of the workers are Black, Latino or Asian and two-thirds are women.\u003c/p>\n\u003cp data-reader-unique-id=\"45\">SEIU and Fight for $15 say the industry is rife with labor violations. The union released a survey of 400 workers this year in which \u003ca href=\"https://fastfoodjusticeahora.com/wp-content/uploads/2022/05/May-2022-Skimmed-and-Scammed-Wage-Theft-in-CA-Fast-Food-.pdf\">85% said they were victims of wage theft\u003c/a>.\u003c/p>\n\u003cp data-reader-unique-id=\"47\">Business groups said the bill targets fast food unnecessarily. The Employment Policies Institute, a national think tank with restaurant ties, published a report this month showing the \u003ca href=\"https://epionline.org/app/uploads/2022/08/220728_EPI_NotSoFAST_Doc.pdf\">percentage of wage claims filed against this segment of business is lower than its share of the California workforce\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11922931\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png\">\u003cimg class=\"size-medium wp-image-11922931\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-800x525.png\" alt=\"Camping tents outside with some signs.\" width=\"800\" height=\"525\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-800x525.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1020x669.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-160x105.png 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM-1536x1008.png 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/Screen-Shot-2022-08-18-at-10.23.57-AM.png 1542w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">AB 257 supporters set up a camp to raise awareness of the legislation at the state Capitol in Sacramento on Aug. 16, 2022. \u003ccite>(Rahul Lal/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp data-reader-unique-id=\"53\">If approved, the proposed legislation could mark a turning point in American labor law.\u003c/p>\n\u003cp data-reader-unique-id=\"61\">Typically under the franchise model, fast-food corporations strike agreements with franchisees that dictate a variety of standards for selling food under their brand — but leave wages, hours and labor conditions up to the franchisee.\u003c/p>\n\u003cp data-reader-unique-id=\"63\">The model has provided inroads to business ownership for many minority entrepreneurs, supporters point out.\u003c/p>\n\u003cp data-reader-unique-id=\"64\">But critics say companies like McDonald’s and \u003ca href=\"https://www.nytimes.com/2016/05/25/nyregion/new-york-attorney-general-accuses-dominos-of-wage-theft-in-lawsuit.html?searchResultPosition=2\" data-reader-unique-id=\"65\">Domino’s\u003c/a> have been allowed to profit while distancing themselves from any responsibility for how restaurant employees are treated.\u003c/p>\n\u003ch2>Joint employers?\u003c/h2>\n\u003cp data-reader-unique-id=\"67\">The question of franchisors’ relationship to workers remains unsettled at the federal level. Across three presidential administrations, the National Labor Relations Board has gone back and forth on whether to automatically consider franchisors and franchisees “joint employers.” The courts, including the \u003ca href=\"https://caselaw.findlaw.com/ca-court-of-appeal/1604712.html\" data-reader-unique-id=\"68\">California Supreme Court\u003c/a>, have generally rejected that idea under current laws.\u003c/p>\n\u003cp data-reader-unique-id=\"69\">“These franchise models have been an avenue and way for companies to avoid responsibility for being employers,” said Emily Andrews, director of education, labor and worker justice at the Center for Law and Social Policy, a national, left-leaning anti-poverty organization.\u003c/p>\n\u003cp data-reader-unique-id=\"70\">Studies have found franchisors can exert a significant amount of pressure and control over franchise business owners.\u003c/p>\n\u003cfigure data-reader-unique-id=\"71\">\u003c/figure>\n\u003cp data-reader-unique-id=\"75\">In a paper published last year, law professors at the University of Miami and Cornell University examined 44 franchise contracts from 2016 and found that \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3767661\">more than three-quarters gave the chain exclusive power to terminate contracts\u003c/a>, putting a franchisee “in a position of economic dependence.”\u003c/p>\n\u003cp data-reader-unique-id=\"78\">“Franchisees can respond to intensive franchisor monitoring and tight profit margins by unlawfully chiseling wages as the only cost variable that the franchisor does not directly monitor,” the law professors wrote.\u003c/p>\n\u003cp data-reader-unique-id=\"79\">The International Franchise Association disagrees, arguing the business model is defined by franchise owners’ independence in labor decisions. The fast-food bill, they said, would reduce those owners to middle managers, and larger companies would pull back opportunities in California if they’re required to monitor labor law compliance.\u003c/p>\n\u003cp data-reader-unique-id=\"80\">“You’d be holding an entity responsible or assigning liability for things they don’t have control over,” said Jeff Hanscom, spokesperson for the Washington, D.C.-based association, which includes franchisors and franchisees. “You’re taking a franchise and turning it into the corporate entity.”\u003c/p>\n\u003ch2>The Cheesecake Factory case\u003c/h2>\n\u003cp data-reader-unique-id=\"82\">That argument holds some sway with lawmakers in the state Senate.\u003c/p>\n\u003cp data-reader-unique-id=\"83\">During a June hearing for the fast-food bill before the Senate Judiciary Committee, some Democratic lawmakers questioned whether an automatic expansion of liability is necessary. Sen. Bob Wieckowski, a Fremont Democrat, pointed out that under current law a judge can already find a franchisor liable for a labor violation if it’s proven on a case-by-case basis.\u003c/p>\n\u003cp data-reader-unique-id=\"105\">Representatives for some franchisors, including McDonald’s, Jack in the Box and Burger King, did not respond to requests for comment on California’s fast-food bill.\u003c/p>\n\u003cp data-reader-unique-id=\"106\">To worker advocates, extending liability is key to enforcing wage and labor laws.\u003c/p>\n\u003cp data-reader-unique-id=\"107\">Yardenna Aaron is executive director of the Maintenance Cooperation Trust Fund, a janitorial worker center that pushed for joint liability in that industry in 2015.\u003c/p>\n\u003cp data-reader-unique-id=\"108\">Prior to that law’s passage, Aaron said, contractors often closed up shop or declared bankruptcy when faced with allegations of wage theft, only to reopen under another name or business entity later.\u003c/p>\n\u003cp data-reader-unique-id=\"109\">The new law has enabled the state’s labor commissioner to issue citations against larger and more prominent companies in cases of alleged wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"110\">In a highly publicized 2018 case, the \u003ca href=\"https://www.dir.ca.gov/DIRNews/2018/2018-40.pdf\">California Labor Commissioner named the Cheesecake Factory\u003c/a> jointly responsible with a janitorial services firm, saying they owed nearly $4 million to 559 janitorial workers who cleaned eight of the chain’s Southern California restaurants. It was one of the state’s largest cases of wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"113\">The state has brought similar cases \u003ca href=\"https://www.janitorialwatch.org/2019/10/24/tesla-and-its-contractors-again-cited-and-fined-for-labor-violations-in-california/\" data-reader-unique-id=\"114\">against electric car manufacturer Tesla\u003c/a> for its contractors allegedly underpaying janitors at its San José factories, and \u003ca href=\"https://www.dir.ca.gov/DIRNews/2021/2021-27.html\" data-reader-unique-id=\"115\">e-commerce giant Amazon\u003c/a> for a contractor allegedly failing to pay overtime to its delivery drivers.\u003c/p>\n\u003ch2 data-reader-unique-id=\"116\">The power of the purse\u003c/h2>\n\u003cp data-reader-unique-id=\"117\">Labor experts said it’s too soon to tell whether joint liability has made it easier for the state to recover unpaid wages. State investigations of wage theft take months. And when the state cites employers, seeking unpaid wages and penalties, employers usually appeal, setting off administrative hearing processes that can take years.\u003c/p>\n\u003cp data-reader-unique-id=\"118\">The Cheesecake Factory case is still awaiting a hearing, four years later. Advocates expect a resolution this year, Aaron said. The Maintenance Cooperation Trust Fund represented the workers interviewed in that case; its director at the time, Lilia Garcia-Brower, is now the California Labor Commissioner.\u003c/p>\n\u003cp data-reader-unique-id=\"119\">Officials in the labor commissioner’s office in 2020 pointed to the growing \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2021/FY2021_ORG7350_BCP3767.pdf\" data-reader-unique-id=\"120\">complexity of liability laws\u003c/a> for the long delays in processing the tens of thousands of individual wage claims workers file each year.\u003c/p>\n\u003cp data-reader-unique-id=\"121\">Still, legislative staffers predicted joint liability would “almost certainly” improve labor compliance in fast food by forcing the larger businesses to monitor the behavior of franchisees.\u003c/p>\n\u003cp data-reader-unique-id=\"124\">Aaron said that has been evident in the janitorial industry since the 2015 law change. The worker center meets with client companies that hire janitorial contractors to educate them about labor laws.\u003c/p>\n\u003cp data-reader-unique-id=\"125\">“We find, generally, clients want to avoid the liability that contractors would bring in terms of wage theft cases,” Aaron said. “The power of the purse is real.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"slug": "heres-how-californians-can-get-their-money-back-when-employers-steal-wages",
"title": "When Employers Steal Wages, Here's How You Can Get Your Money Back",
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"content": "\u003cp>Some of the lowest-wage workers are getting their livelihoods stolen by their own employers.\u003c/p>\n\u003cp data-reader-unique-id=\"4\">Employers deny workers overtime premiums, ask them to work “off the clock” or take their tips.\u003c/p>\n\u003cp data-reader-unique-id=\"5\">In California, workers lost nearly $2 billion from not being paid the minimum wage in 2015, according to the Economic Policy Institute, a left-leaning think tank.\u003c/p>\n\u003cp data-reader-unique-id=\"6\">Most often the victims of wage theft are women, immigrants and people of color, researchers say; many work in restaurants, construction, hotels, car washes, garment businesses, farms, warehouses and nail salons. These workers are among those who \u003ca href=\"https://calmatters.org/california-divide/ca-divide-economic-inequality/2022/02/california-income-inequality/\" data-reader-unique-id=\"7\">bore the brunt\u003c/a> of job losses during the pandemic and have the most ground to make up.\u003c/p>\n\u003cp>[aside postID=\"news_11916303,news_11919749,news_11913643\" label=\"Related Posts\"]\u003c/p>\n\u003cp data-reader-unique-id=\"8\">For years, California’s lawmakers have tried solving the wage theft problem by strengthening labor laws. Most workers who file wage theft claims wait months or years before getting a resolution; only a fraction who prevail get repaid lost wages.\u003c/p>\n\u003cp data-reader-unique-id=\"9\">Usually no one goes to jail for the theft.\u003c/p>\n\u003cp data-reader-unique-id=\"10\">Last year California made most wage theft a criminal offense. It also did away with the garment industry’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB62\" data-reader-unique-id=\"11\">system of paying workers by the piece \u003c/a>instead of by the hour. Now lawmakers are considering creating a statewide council to set wage and work conditions for the fast food industry. Here’s what you need to know about wage theft in California.\u003c/p>\n\u003ch2 data-reader-unique-id=\"13\">\u003cspan data-reader-unique-id=\"14\">What is wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"36\">State officials list many ways employers steal workers’ money. Here are some common wage theft practices.\u003c/p>\n\u003cp data-reader-unique-id=\"39\">The Economic Policy Institute has cited other examples, such as an employer taking illegal deductions, confiscating tips or failing to pay tipped workers the difference between their tips and minimum wage, and misclassifying employees as independent contractors to pay a wage lower than the legal minimum.\u003c/p>\n\u003ch2 data-reader-unique-id=\"44\">\u003cspan data-reader-unique-id=\"45\">How big is the problem of wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"67\">One way to look at it is how much workers try to recover in unpaid wages.\u003c/p>\n\u003cp data-reader-unique-id=\"68\">Last year California workers filed nearly 17,000 claims totaling more than $300 million in stolen wages, according to a database provided by the Labor Commissioner’s office. That may be an undercount; the office’s public website indicates as many as 19,000 claims filed last year. State officials haven’t explained the discrepancy.\u003c/p>\n\u003cp data-reader-unique-id=\"69\">Either way, that’s down from prior years, when on average 30,000 workers annually claimed $320 million in unpaid wages, the office told the Legislative Analyst’s Office in 2020. Workers recovered about $40 million, or one-eighth, of those claims, the LAO said.\u003c/p>\n\u003ch2 data-reader-unique-id=\"86\">\u003cspan data-reader-unique-id=\"87\">Wait times: How long does it take to get back stolen wages in California?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"109\">The state violates its own deadlines with wage theft cases.\u003c/p>\n\u003cp data-reader-unique-id=\"110\">By law the individual wage claims workers file with the Labor Commissioner’s Office are supposed to reach a hearing in 120 days. Then the office gets 15 days to decide whether or not the worker is owed money and how much.\u003c/p>\n\u003cp data-reader-unique-id=\"111\">That can become a court judgment allowing the worker to claim the money.\u003c/p>\n\u003cp data-reader-unique-id=\"112\">While the vast majority of cases settle before the hearing, other workers have faced long delays just to get a hearing before the Labor Commissioner’s Office. The average case filed last year that actually got a decision took double the time allowed by law. Thousands of cases filed in 2021 remain pending.\u003c/p>\n\u003cp data-reader-unique-id=\"119\">This chart measures the time between a worker filing a claim and the Labor Commissioner’s Office’s decision. CalMatters obtained data on these claims through a public records request.\u003c/p>\n\u003ch2 data-reader-unique-id=\"124\">\u003cspan data-reader-unique-id=\"125\">Who is affected most by wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"147\">Wage theft is most prevalent in low-wage industries, according to advocates who say such workers often are not unionized and are reluctant to endanger their livelihoods by objecting to the theft.\u003c/p>\n\u003cp data-reader-unique-id=\"148\">Many of these jobs, other than construction, are service-sector jobs with a history of employing immigrants or minority workforces.\u003c/p>\n\u003ch2 data-reader-unique-id=\"155\">\u003cspan data-reader-unique-id=\"156\">What does wage theft cost a typical worker’s family?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"178\">An \u003ca href=\"https://www.courts.ca.gov/opinions/links/S241812-LINK1.PDF\" data-reader-unique-id=\"179\">Economic Policy Institute\u003c/a> report found California workers who were victims of minimum wage theft — who were paid less than the legal minimum wage — lost out on $64 in pay a week, or about $3,400 a year in 2015, the most recent data available. Adjusting for inflation, that’s about $80 stolen each week, or $4,250 a year, based on June’s record 9.1% inflation rate.\u003c/p>\n\u003cp data-reader-unique-id=\"180\">For workers in low-wage industries, that means less food on the table, a harder time paying rent, or delayed trips to the doctor.\u003c/p>\n\u003cp data-reader-unique-id=\"181\">A week’s worth of stolen wages can mean an empty 12-gallon gas tank in a car.\u003c/p>\n\u003cp data-reader-unique-id=\"182\">A year of lost wages is the equivalent of three \u003ca href=\"https://www.epi.org/child-care-costs-in-the-united-states/#/CA\" data-reader-unique-id=\"183\">months of child care\u003c/a> in California, or nearly one-and-a-half month’s rent in San Jose, nearly two months’ rent in Sacramento, and a little over a month’s rent in Los Angeles, according to \u003ca href=\"https://www.rent.com/research/average-rent-price-report/\" data-reader-unique-id=\"184\">Rent.com.\u003c/a>\u003c/p>\n\u003cp data-reader-unique-id=\"185\">Ironically, a year of stolen wages used to equate to a year of groceries for a family of four, but not this year. According to the Bureau of Labor Statistics, now it would pay for only 75% of that typical family’s annual grocery bill.\u003c/p>\n\u003ch2 data-reader-unique-id=\"192\">\u003cspan data-reader-unique-id=\"193\">California’s history of trying to tackle wage theft\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"215\">California lawmakers passed several laws in recent years to strengthen worker protections in industries where contracting is common, and to help workers collect unpaid wages.\u003c/p>\n\u003cp data-reader-unique-id=\"216\">Contracting allows big firms to escape liability for wage theft, advocates say, because the big firms hire contractors, who directly employ the workers and are often accused of wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"217\">If they were jointly liable, then the larger firms would be legally on the hook for any unpaid wages along with\u003cstrong> \u003c/strong>their contractors and subcontractors.\u003c/p>\n\u003ch2 data-reader-unique-id=\"225\">\u003cspan data-reader-unique-id=\"226\">How do California workers get their money back?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"248\">California law allows workers several ways to accuse employers of wage theft and to open a case for recovering alleged losses. The vast majority of claims are made by individual workers in an administrative hearing system run by the Department of Industrial Relations’ Labor Commissioner’s Office. In theory it’s intended to be a quick, inexpensive, accessible way to resolve complaints without needing to go to court, with opportunities to settle each step along the way.\u003c/p>\n\u003cp data-reader-unique-id=\"251\">–Filing a complaint with the Bureau of Field Enforcement. The bureau, which also falls under the Labor Commissioner, conducts larger investigations of workplaces and issues citations or brings suits against employers that it says committed wage theft. The bureau relies on complaints and testimony from workers. Unlike the individual wage claims, these cases tend to be worksite-wide, and the bureau targets specific industries, some of which were picked by the Legislature.\u003c/p>\n\u003cp data-reader-unique-id=\"252\">–Filing a lawsuit. A worker can file a private lawsuit against the employer for labor law violations. This is relatively rare, because it involves the worker hiring an attorney. If a worker finds a lawyer willing to take it on, the worker also can file suit under the state’s Private Attorneys General Act, which lets a worker sue the employer on behalf of the state. This takes the burden off the state to conduct its own investigation of every complaint, and the worker could represent all co-workers without having to get a judge to deem it a class action.\u003c/p>\n\u003cp data-reader-unique-id=\"253\">–Seeking federal action by the U.S. Department of Labor. An employee must allege that federal labor laws were violated. The employee may file a wage-and-hour complaint with the \u003ca href=\"https://www.dol.gov/agencies/whd/contact/local-offices#ca\" data-reader-unique-id=\"254\">regional offices \u003c/a>in Fresno, Los Angeles, Sacramento, San Diego, Orange County, Walnut Creek, San Jose, West Covina or Ontario.\u003c/p>\n\u003ch2 data-reader-unique-id=\"259\">\u003cspan data-reader-unique-id=\"260\">Where do people most often file wage theft claims?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"282\">Workers file wage claims based on where they performed their jobs, legal experts say.\u003c/p>\n\u003cp data-reader-unique-id=\"283\">A CalMatters analysis of claims filed with the Labor Commissioner’s office shows San Bernardino and Los Angeles — two cities with millions of low-wage workers in warehouse, garment, restaurant, and other industry work — had the highest numbers of individual wage claims.\u003c/p>\n\u003cp data-reader-unique-id=\"284\">The data paints a partial portrait of where wage theft occurs across the state. It includes claims at the Wage Claim Adjudication unit for 2021 gathered from the department’s search portal and from a public records request. It does not include the Bureau of Field Enforcement cases, which involve multiple workers at individual employers.\u003c/p>\n\u003ch2 data-reader-unique-id=\"295\">\u003cspan data-reader-unique-id=\"296\">Have you experienced wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"319\">If you suspect your wages are being stolen, you can start by reaching out to your employer or manager to see if they can address the issue.\u003c/p>\n\u003cp data-reader-unique-id=\"320\">But if you’re routinely not allowed to take your meal or rest breaks, and if your employer takes away the tips you’ve made, you may want to seek help outside your workplace.\u003c/p>\n\u003cp data-reader-unique-id=\"321\">Advocates suggest keeping track of the hours and dates you work. Hold on to paychecks and pay stubs; you may need copies if you choose to submit a claim. Also, keep a log of any correspondence between you and your employer about the suspected wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"322\">Another option is to contact one of California’s \u003ca href=\"https://www.californiaworkerpower.org/about_us\" data-reader-unique-id=\"323\">30 worker centers\u003c/a> or organizations like the \u003ca href=\"https://garmentworkercenter.org/\" data-reader-unique-id=\"324\">Garment Worker Center\u003c/a> or the \u003ca href=\"https://warehouseworkers.org/\" data-reader-unique-id=\"325\">Warehouse Worker Resource Center\u003c/a>, which help workers build their claims or connect with other workers who had wages stolen. Depending on the claim, a worker center may bring the case to the Labor Commissioner to trigger a Bureau of Field Enforcement investigation, which would require workers to give testimony.\u003c/p>\n\u003cp data-reader-unique-id=\"326\">You also may file a wage-and-hour complaint with the U.S. Department of Labor, which operates \u003ca href=\"https://www.dol.gov/agencies/whd/contact/local-offices#ca\" data-reader-unique-id=\"327\">regional offices \u003c/a>throughout the state.\u003c/p>\n\u003cp data-reader-unique-id=\"328\">Neither the California Labor Commissioner nor the U.S. Department of Labor will ask about immigration or citizenship status.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "In California, workers lost nearly $2 billion from not being paid the minimum wage in 2015, according to the Economic Policy Institute, a left-leaning think tank.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Some of the lowest-wage workers are getting their livelihoods stolen by their own employers.\u003c/p>\n\u003cp data-reader-unique-id=\"4\">Employers deny workers overtime premiums, ask them to work “off the clock” or take their tips.\u003c/p>\n\u003cp data-reader-unique-id=\"5\">In California, workers lost nearly $2 billion from not being paid the minimum wage in 2015, according to the Economic Policy Institute, a left-leaning think tank.\u003c/p>\n\u003cp data-reader-unique-id=\"6\">Most often the victims of wage theft are women, immigrants and people of color, researchers say; many work in restaurants, construction, hotels, car washes, garment businesses, farms, warehouses and nail salons. These workers are among those who \u003ca href=\"https://calmatters.org/california-divide/ca-divide-economic-inequality/2022/02/california-income-inequality/\" data-reader-unique-id=\"7\">bore the brunt\u003c/a> of job losses during the pandemic and have the most ground to make up.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp data-reader-unique-id=\"8\">For years, California’s lawmakers have tried solving the wage theft problem by strengthening labor laws. Most workers who file wage theft claims wait months or years before getting a resolution; only a fraction who prevail get repaid lost wages.\u003c/p>\n\u003cp data-reader-unique-id=\"9\">Usually no one goes to jail for the theft.\u003c/p>\n\u003cp data-reader-unique-id=\"10\">Last year California made most wage theft a criminal offense. It also did away with the garment industry’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB62\" data-reader-unique-id=\"11\">system of paying workers by the piece \u003c/a>instead of by the hour. Now lawmakers are considering creating a statewide council to set wage and work conditions for the fast food industry. Here’s what you need to know about wage theft in California.\u003c/p>\n\u003ch2 data-reader-unique-id=\"13\">\u003cspan data-reader-unique-id=\"14\">What is wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"36\">State officials list many ways employers steal workers’ money. Here are some common wage theft practices.\u003c/p>\n\u003cp data-reader-unique-id=\"39\">The Economic Policy Institute has cited other examples, such as an employer taking illegal deductions, confiscating tips or failing to pay tipped workers the difference between their tips and minimum wage, and misclassifying employees as independent contractors to pay a wage lower than the legal minimum.\u003c/p>\n\u003ch2 data-reader-unique-id=\"44\">\u003cspan data-reader-unique-id=\"45\">How big is the problem of wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"67\">One way to look at it is how much workers try to recover in unpaid wages.\u003c/p>\n\u003cp data-reader-unique-id=\"68\">Last year California workers filed nearly 17,000 claims totaling more than $300 million in stolen wages, according to a database provided by the Labor Commissioner’s office. That may be an undercount; the office’s public website indicates as many as 19,000 claims filed last year. State officials haven’t explained the discrepancy.\u003c/p>\n\u003cp data-reader-unique-id=\"69\">Either way, that’s down from prior years, when on average 30,000 workers annually claimed $320 million in unpaid wages, the office told the Legislative Analyst’s Office in 2020. Workers recovered about $40 million, or one-eighth, of those claims, the LAO said.\u003c/p>\n\u003ch2 data-reader-unique-id=\"86\">\u003cspan data-reader-unique-id=\"87\">Wait times: How long does it take to get back stolen wages in California?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"109\">The state violates its own deadlines with wage theft cases.\u003c/p>\n\u003cp data-reader-unique-id=\"110\">By law the individual wage claims workers file with the Labor Commissioner’s Office are supposed to reach a hearing in 120 days. Then the office gets 15 days to decide whether or not the worker is owed money and how much.\u003c/p>\n\u003cp data-reader-unique-id=\"111\">That can become a court judgment allowing the worker to claim the money.\u003c/p>\n\u003cp data-reader-unique-id=\"112\">While the vast majority of cases settle before the hearing, other workers have faced long delays just to get a hearing before the Labor Commissioner’s Office. The average case filed last year that actually got a decision took double the time allowed by law. Thousands of cases filed in 2021 remain pending.\u003c/p>\n\u003cp data-reader-unique-id=\"119\">This chart measures the time between a worker filing a claim and the Labor Commissioner’s Office’s decision. CalMatters obtained data on these claims through a public records request.\u003c/p>\n\u003ch2 data-reader-unique-id=\"124\">\u003cspan data-reader-unique-id=\"125\">Who is affected most by wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"147\">Wage theft is most prevalent in low-wage industries, according to advocates who say such workers often are not unionized and are reluctant to endanger their livelihoods by objecting to the theft.\u003c/p>\n\u003cp data-reader-unique-id=\"148\">Many of these jobs, other than construction, are service-sector jobs with a history of employing immigrants or minority workforces.\u003c/p>\n\u003ch2 data-reader-unique-id=\"155\">\u003cspan data-reader-unique-id=\"156\">What does wage theft cost a typical worker’s family?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"178\">An \u003ca href=\"https://www.courts.ca.gov/opinions/links/S241812-LINK1.PDF\" data-reader-unique-id=\"179\">Economic Policy Institute\u003c/a> report found California workers who were victims of minimum wage theft — who were paid less than the legal minimum wage — lost out on $64 in pay a week, or about $3,400 a year in 2015, the most recent data available. Adjusting for inflation, that’s about $80 stolen each week, or $4,250 a year, based on June’s record 9.1% inflation rate.\u003c/p>\n\u003cp data-reader-unique-id=\"180\">For workers in low-wage industries, that means less food on the table, a harder time paying rent, or delayed trips to the doctor.\u003c/p>\n\u003cp data-reader-unique-id=\"181\">A week’s worth of stolen wages can mean an empty 12-gallon gas tank in a car.\u003c/p>\n\u003cp data-reader-unique-id=\"182\">A year of lost wages is the equivalent of three \u003ca href=\"https://www.epi.org/child-care-costs-in-the-united-states/#/CA\" data-reader-unique-id=\"183\">months of child care\u003c/a> in California, or nearly one-and-a-half month’s rent in San Jose, nearly two months’ rent in Sacramento, and a little over a month’s rent in Los Angeles, according to \u003ca href=\"https://www.rent.com/research/average-rent-price-report/\" data-reader-unique-id=\"184\">Rent.com.\u003c/a>\u003c/p>\n\u003cp data-reader-unique-id=\"185\">Ironically, a year of stolen wages used to equate to a year of groceries for a family of four, but not this year. According to the Bureau of Labor Statistics, now it would pay for only 75% of that typical family’s annual grocery bill.\u003c/p>\n\u003ch2 data-reader-unique-id=\"192\">\u003cspan data-reader-unique-id=\"193\">California’s history of trying to tackle wage theft\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"215\">California lawmakers passed several laws in recent years to strengthen worker protections in industries where contracting is common, and to help workers collect unpaid wages.\u003c/p>\n\u003cp data-reader-unique-id=\"216\">Contracting allows big firms to escape liability for wage theft, advocates say, because the big firms hire contractors, who directly employ the workers and are often accused of wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"217\">If they were jointly liable, then the larger firms would be legally on the hook for any unpaid wages along with\u003cstrong> \u003c/strong>their contractors and subcontractors.\u003c/p>\n\u003ch2 data-reader-unique-id=\"225\">\u003cspan data-reader-unique-id=\"226\">How do California workers get their money back?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"248\">California law allows workers several ways to accuse employers of wage theft and to open a case for recovering alleged losses. The vast majority of claims are made by individual workers in an administrative hearing system run by the Department of Industrial Relations’ Labor Commissioner’s Office. In theory it’s intended to be a quick, inexpensive, accessible way to resolve complaints without needing to go to court, with opportunities to settle each step along the way.\u003c/p>\n\u003cp data-reader-unique-id=\"251\">–Filing a complaint with the Bureau of Field Enforcement. The bureau, which also falls under the Labor Commissioner, conducts larger investigations of workplaces and issues citations or brings suits against employers that it says committed wage theft. The bureau relies on complaints and testimony from workers. Unlike the individual wage claims, these cases tend to be worksite-wide, and the bureau targets specific industries, some of which were picked by the Legislature.\u003c/p>\n\u003cp data-reader-unique-id=\"252\">–Filing a lawsuit. A worker can file a private lawsuit against the employer for labor law violations. This is relatively rare, because it involves the worker hiring an attorney. If a worker finds a lawyer willing to take it on, the worker also can file suit under the state’s Private Attorneys General Act, which lets a worker sue the employer on behalf of the state. This takes the burden off the state to conduct its own investigation of every complaint, and the worker could represent all co-workers without having to get a judge to deem it a class action.\u003c/p>\n\u003cp data-reader-unique-id=\"253\">–Seeking federal action by the U.S. Department of Labor. An employee must allege that federal labor laws were violated. The employee may file a wage-and-hour complaint with the \u003ca href=\"https://www.dol.gov/agencies/whd/contact/local-offices#ca\" data-reader-unique-id=\"254\">regional offices \u003c/a>in Fresno, Los Angeles, Sacramento, San Diego, Orange County, Walnut Creek, San Jose, West Covina or Ontario.\u003c/p>\n\u003ch2 data-reader-unique-id=\"259\">\u003cspan data-reader-unique-id=\"260\">Where do people most often file wage theft claims?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"282\">Workers file wage claims based on where they performed their jobs, legal experts say.\u003c/p>\n\u003cp data-reader-unique-id=\"283\">A CalMatters analysis of claims filed with the Labor Commissioner’s office shows San Bernardino and Los Angeles — two cities with millions of low-wage workers in warehouse, garment, restaurant, and other industry work — had the highest numbers of individual wage claims.\u003c/p>\n\u003cp data-reader-unique-id=\"284\">The data paints a partial portrait of where wage theft occurs across the state. It includes claims at the Wage Claim Adjudication unit for 2021 gathered from the department’s search portal and from a public records request. It does not include the Bureau of Field Enforcement cases, which involve multiple workers at individual employers.\u003c/p>\n\u003ch2 data-reader-unique-id=\"295\">\u003cspan data-reader-unique-id=\"296\">Have you experienced wage theft?\u003c/span>\u003c/h2>\n\u003cp data-reader-unique-id=\"319\">If you suspect your wages are being stolen, you can start by reaching out to your employer or manager to see if they can address the issue.\u003c/p>\n\u003cp data-reader-unique-id=\"320\">But if you’re routinely not allowed to take your meal or rest breaks, and if your employer takes away the tips you’ve made, you may want to seek help outside your workplace.\u003c/p>\n\u003cp data-reader-unique-id=\"321\">Advocates suggest keeping track of the hours and dates you work. Hold on to paychecks and pay stubs; you may need copies if you choose to submit a claim. Also, keep a log of any correspondence between you and your employer about the suspected wage theft.\u003c/p>\n\u003cp data-reader-unique-id=\"322\">Another option is to contact one of California’s \u003ca href=\"https://www.californiaworkerpower.org/about_us\" data-reader-unique-id=\"323\">30 worker centers\u003c/a> or organizations like the \u003ca href=\"https://garmentworkercenter.org/\" data-reader-unique-id=\"324\">Garment Worker Center\u003c/a> or the \u003ca href=\"https://warehouseworkers.org/\" data-reader-unique-id=\"325\">Warehouse Worker Resource Center\u003c/a>, which help workers build their claims or connect with other workers who had wages stolen. Depending on the claim, a worker center may bring the case to the Labor Commissioner to trigger a Bureau of Field Enforcement investigation, which would require workers to give testimony.\u003c/p>\n\u003cp data-reader-unique-id=\"326\">You also may file a wage-and-hour complaint with the U.S. Department of Labor, which operates \u003ca href=\"https://www.dol.gov/agencies/whd/contact/local-offices#ca\" data-reader-unique-id=\"327\">regional offices \u003c/a>throughout the state.\u003c/p>\n\u003cp data-reader-unique-id=\"328\">Neither the California Labor Commissioner nor the U.S. Department of Labor will ask about immigration or citizenship status.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "We Need to Talk About Wage Theft",
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"content": "\u003cp>\u003cspan style=\"font-weight: 400\">In California, tens of thousands of workers aren’t getting paid what they’re owed by their employers. Many of these workers are low-wage earning immigrants in industries like construction, home care, and food service.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The state actually has a system in place where people can file claims of wage theft. But the system currently has a huge backlog, leaving people waiting years before they can try and and recover their money. In some cases, workers claim their employers stole tens or even hundreds of thousands of dollars from them. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The result? Many low-wage Californians miss out on rent, food, and can even lose their homes.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest\u003c/b>\u003cspan style=\"font-weight: 400\">: \u003ca href=\"https://twitter.com/FaridaJhabvala\">Farida Jhabvala Romero\u003c/a>, KQED labor correspondent\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC2436357748&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003cstrong>Related links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11913643/most-fast-food-workers-are-victims-of-wage-theft-survey-finds\">\u003cb>Most Fast-Food Workers Are Victims of Wage Theft, Survey Find\u003c/b>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11913910/despite-record-budget-surplus-california-unlikely-to-fix-massive-wage-theft-claim-delays-anytime-soon\">\u003cb>Despite Record Budget Surplus, California Unlikely to Fix Massive Wage-Theft Claim Backlog Anytime Soon\u003c/b>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-weight: 400\">In California, tens of thousands of workers aren’t getting paid what they’re owed by their employers. Many of these workers are low-wage earning immigrants in industries like construction, home care, and food service.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The state actually has a system in place where people can file claims of wage theft. But the system currently has a huge backlog, leaving people waiting years before they can try and and recover their money. In some cases, workers claim their employers stole tens or even hundreds of thousands of dollars from them. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The result? Many low-wage Californians miss out on rent, food, and can even lose their homes.\u003c/span>\u003c/p>\n\u003cp>\u003cb>Guest\u003c/b>\u003cspan style=\"font-weight: 400\">: \u003ca href=\"https://twitter.com/FaridaJhabvala\">Farida Jhabvala Romero\u003c/a>, KQED labor correspondent\u003c/span>\u003c/p>\n\u003cdiv class=\"card card--enclosed grey\">\n\u003cp id=\"embed-code\" class=\"inconsolata\">\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm?e=KQINC2436357748&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\n\u003c/p>\n\u003c/div>\n\u003cp>\u003cstrong>Related links:\u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11913643/most-fast-food-workers-are-victims-of-wage-theft-survey-finds\">\u003cb>Most Fast-Food Workers Are Victims of Wage Theft, Survey Find\u003c/b>\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11913910/despite-record-budget-surplus-california-unlikely-to-fix-massive-wage-theft-claim-delays-anytime-soon\">\u003cb>Despite Record Budget Surplus, California Unlikely to Fix Massive Wage-Theft Claim Backlog Anytime Soon\u003c/b>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\u003c/div>",
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