More than 500 workers marched from the Capitol Tuesday in support of SB 588, A Fair Day's Pay Act, which would help workers harmed by wage theft.
Wage theft occurs when wages or benefits are illegally withheld from employees. It often affects low-income or immigrant workers. Examples include paying less than the minimum wage, not paying overtime, not allowing workers to take meal or rest breaks or illegally classifying employees as independent contractors or managers.
A Fair Day's Pay Act, authored by State Senate President Pro Tem Kevin De Leon, D-Los Angeles, would give more power to the California Labor Commissioner to collect claims on behalf of workers who were victims of wage theft. The bill targets businesses that have failed to pay wages even after court orders and allows the state to go after individual business owners to pay claims.
"California is consistent with virtually every other state in the country and federal law, in that employees have the right to sue for overtime, has the right to sue for unpaid wages, and there's attorney fees, and penalties, and things of that nature," Sacramento labor attorney Matthew Eason explained. "But, collection is the challenge. This bill is going to solve some of those collection issues."
State Sen. Dr. Richard Pan, D-Sacramento, said the bill, which is expected to be taken up in the Assembly on Thursday, would also help law-abiding businesses by evening the playing field.
"This would help the state go after fly-by-night employers who don't keep their promises," Pan said. "People who use contractors to shield themselves from violating those labor laws get what they deserve to earn, and we need to help employers who are honestly following the law, that they are not put at a disadvantage, because there are other employers who are finding ways to skirt the law."
Pan added that he was confident the bill would be approved and head to the governor's desk for his signature.
The bill would only help workers who have already sued their employers for wage theft, won and are now struggling to collect unpaid wages. Many workers, like Luis Valentan, are often not aware of their rights.
"When I was a day laborer employed by this employer, I was working more than 12 hours in a day for the minimum wage and at the time I didn't know my rights," Valentan said. "I thought it was OK because it was my job and it was my responsibility to do my job, but I didn't know I was a victim of wage theft."
Others, like Burger King employee Holly Dias, are aware of their rights but feel unable to change their employer's behavior.
"They've had me clock in early; they've had me stay late; work on my lunches," Dias said. "But then because the overtime is not authorized by a district manager or store manager, they take that time away. When they do that, it's taking money away from my children."
Eason said workers who feel they may be victims of wage theft should reach out to the California Labor Commission for help, or contact a labor attorney who will be able to evaluate their situation.
