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National Wage and Hour Clearinghouse

Labor advocates push for law making wage theft a criminal offense in L.A.

Monday, October 26, 2009

Advocates for day laborers and other low-wage workers are pushing for a new city law that would target unscrupulous employers by making wage theft a crime in the city of Los Angeles.

They have found an ally in City Councilman Richard Alarcon, who plans to introduce a motion on Tuesday directing the city attorney’s office to write an ordinance that would criminalize nonpayment of wages.

“People think that just because they pick up somebody on the street or at a day laborer center that they don’t have the responsibility to pay them if they don’t like the work,” Alarcon said. “This would make it illegal for somebody to do that.”

Los Angeles would join a handful of cities, including Austin, Texas, and Denver, that hold employers criminally responsible for not paying their employees. State and federal laws govern overtime, minimum wage and other labor standards, but the penalties typically are meted out through civil, rather than criminal, procedures. A local ordinance would allow city prosecutors to file misdemeanor charges against employers.

Alarcon said he was motivated by a recent study that showed many low-wage workers in Los Angeles, New York and Chicago often don’t receive minimum wage or overtime pay.

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