The Crime We Don’t Discuss in Silicon Valley

 Joe had worked at a local restaurant for two years for just $7 an hour, with no overtime pay and forced to work off the clock after his shift with only a 10 minute lunch break.  The last straw came when three paychecks bounced.  When he asked for his pay, he was immediately fired.  The good news – he filed a claim with the Labor Commission and won.  The bad news- it’s been two years, Joe hasn’t seen a dime and his employer continues to operate his business.

Joe (we’ve changed his name in this article for privacy) is a victim of wage theft;  a crime that includes paying workers less than minimum wage, failing to pay overtime, forcing workers to work off the clock, issuing paychecks that bounce, stealing tips, denying meal and rest breaks, misclassifying workers as exempt or as independent contractors, or not paying workers at all. 

This type of workplace abuse is all too common among workers in our community. In fact, according to a report by the Economic Policy Institute, low-wage workers are robbed more often than banks, gas stations and convenience stores combined — and the perpetrators are their own employers.  An alarming 60 percent of low-wage workers have some pay illegally withheld by their employer each week equaling to a loss of an average of $2,634 per year, or 15 percent of their income.

As the gap between the rich and poor continues to grow in Silicon Valley, workers that are being left behind by today’s economy are more vulnerable than ever. At the weekly Workers’ Rights Clinic at the Alexander Community Law Center, at least half the workers seen each week are victims of wage theft.

The tragedy is that even when workers prevail and receive judgments from the Labor Commission, they are unable to collect. In 2012-2013, the Labor Commission in San Jose and Salinas awarded $8,413,242 in compensation to wage theft victims but workers have only been able to collect 33% of that amount.

Fighting wage theft is about fairness and justice – but it’s also about economics.  The consequences of wage theft are severe not only for workers, but also for local economies, law abiding businesses and taxpayers. When employers rob workers of their wages, bills go unpaid, housing situations are unstable, families have less food on their tables, and families are not able to spend as much money to support local business in our community.

Unfortunately, the victims of these crimes are silenced by employer threats, fear of retaliation, economic insecurity, or simply a lack of information on worker’s rights.

The need for community, labor, business and faith to come together to fight these crimes is critical.  That’s why we, in partnership with 16 other organizations, formed the Santa Clara County Wage Theft Coalition to develop aggressive local policy solutions, build an environment where workers are protected, and ensure high road employers do not face unfair competition.

It’s time to send a clear message to wage thieves: you are not welcome in Silicon Valley and we will stand in solidarity with workers and their families until justice prevails.

Ruth Silver Taube is with the Katharine & George Alexander Community Law Center and Maria Noel Fernandez, is Director of Organizing and Civic Engagement for Working Partnerships USA

 

Total Views: 383 ,


Do you have a news tip you would like to share? Would you like to contribute to The Left Hook? Email us at LeftHookBlog@gmail.com

No Comments

Leave a Comment

Follow

Get every new post on this blog delivered to your Inbox.

Join other followers: