A Practical Guide To Combatting Wage Theft 2017

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Lessons from the Field

A PRACTICAL GUIDE TO

COMBATTING WAGE THEFT

NOVEMBER 2017

This guide was made possible by the generous support of the Public Welfare Foundation. The

Foundation’s long-standing commitment to worker justice issues, and to combatting wage

theft in particular, has helped secure many of the victories proﬁled here and has contributed to

the ongoing project of building greater cross-state collaboration and mutual learning.

www.publicwelfare.org

ABOUT THE CENTER FOR POPULAR DEMOCRACY

ABOUT PUBLIC WELFARE FOUNDATION

The Center for Popular Democracy (CPD) works to create equity, opportunity and a dynamic

democracy in partnership with high-impact base-building organizations, organizing alliances, and

progressive unions. CPD strengthens our collective capacity to envision and win an innovative pro-

worker, pro-immigrant, racial and economic justice agenda.

www.populardemocracy.org

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Getting Started: Campaign Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Campaign Planning: A Six-Step Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Worker-Led Campaigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Getting Started: Building Your Coalition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Forming a Coalition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Coalition Structures and Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Getting Started: Research. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Research Approaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Research Partnerships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Winning the Campaign: Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Shaping an Overall Narrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Crafting Your Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

Deploying Your Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Developing Communications Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Interacting with the Press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Winning the Campaign: Legislative Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Laying the Groundwork for an Eective Campaign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Building Relationships with Legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

Navigating Passage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48

Alternatives to Wage Theft Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49

Implementation: Strengthening Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Budget Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Improving Agency Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

A Practical Guide to Combatting Wage Theft

Lessons from the Field

Introduction

Wage theft—any instance of an employer failing to pay their employees the wages owed for

work performed—continues to plague communities across the country. Every year unscrupulous

employers steal billions of dollars from workers. Practices of wage theft include:

 Paying less than the minimum wage

 Failing to pay required overtime

 Paying less than the promised wage

 Misclassifying an employee as an independent contractor to avoid providing workers

compensation, unemployment insurance, or an hourly wage

 Deducting the cost of required uniforms or tools from paychecks

 Failing to provide paid sick leave where required by law

 Requiring uncompensated work “off the clock”

A study by the National Employment Law Project

(NELP) of low-wage workers in New York City,

Chicago, and Los Angeles found that over two-

thirds of low-wage workers had experienced wage

theft in the previous workweek.1 The Economic

Policy Institute estimates that wage theft costs

America’s low-wage workers more than $50

billion each year.2 In New York alone, the New York

Department of Labor recovered $30.2 million in

wages to 27,000 claimants in 20143—most likely

a fraction of the actual value of legal violations

that year.

Wage Theft is Pervasive

The pervasiveness of wage theft, and its ﬁnancial impact on workers, communities, businesses and

local economies, is well documented. For example, a study by the National Employment Law Project

(NELP) of nearly 4,500 low-wage workers in three major U.S. cities (New York City, Chicago and Los

Angeles) found that:

 Over two-thirds of low-wage workers had experienced wage theft in the previous workweek4

 Employers stole more than $56 million in workers’ wages every week,5 which translates to

nearly $3 billion in total annual wage theft

A Practical Guide to Combatting Wage Theft

If these ﬁndings are generalizable to the

rest of the population, the Economic Policy

Institute estimates that wage theft costs

America’s low-wage workers more than

$50 billion each year.6

For many workers in the US, wage theft is

the rule, not the exception. For low-wage

workers especially, stolen wages mean that

families struggle to pay the rent, put food

on the table, buy school supplies for their

children, or pay for needed medications.

Workers and their families are not the only

victims of wage theft, however. Employers

who steal wages wield an unfair economic

advantage over businesses that follow

the law. They also rob the community of

signiﬁcant tax revenue. For example, it has

been estimated that wage theft costs New

York State as much as $427 million dollars

in tax revenue each year.7

Wage theft is by deﬁnition unlawful, but legal remedies are often costly, time-consuming, and

insufﬁcient to deter employers from violating the law.8 Even when workers manage to win an

unpaid wage case against their employers, they are often unable to collect the money due to

inadequate enforcement. In California, more than $282 million was awarded for unpaid wages

between 2008 and 2011, but only $42 million was ever collected from employers and distributed to

victims of wage theft.9

The reality is that many employers commit wage theft with impunity. Increasing the consequences of

wage theft for employers, improving the remedies available to workers, and strengthening wage theft

enforcement tools are core strategies to realizing economic justice and respecting workers’ dignity.

Over the last decade, workers, advocates, and community leaders have developed a variety of

strategies to combat wage theft in cities and states across the country. Campaigns have organized

direct actions against employers and industries, fought for stronger legal protections at the state and

local level, and advocated to improve enforcement of existing laws.

Successful legislative campaigns have included, among other improvements:

 Stricter penalties for violations

 Stronger protections from employer retaliation

 Increased funding for enforcement10

In spite of gains made around the country, however, wage theft remains rampant. Especially in this

political moment, strong enforcement is critical to ﬁghting the Trump administration’s efforts to erode

worker rights and protections.

Lessons from the Field

This guide gathers lessons from successful campaigns, as well as sample materials from leading

advocates in the ﬁeld, to support the growing network of organizations working to combat wage theft

and strengthen laws that protect workers from abuse.

Existing resources, such as “Winning Wage Justice: An Advocate’s Guide to State and City Policies

to Fight Wage Theft” by the National Employment Law Project, provide in-depth analysis of cutting-

edge substantive legal reforms to pursue as part of a wage theft campaign.11 This guide complements

existing resources about policy priorities by focusing instead on the how of launching and winning

high-impact campaigns to combat wage theft. Gathered here are best practices for planning,

strategizing, and executing a state or local wage theft campaign.

We seek to explain how an organization or coalition can best build and maximize its resources and

capacities to:

 Pursue the most effective political strategy

 Incorporate worker participation and leadership at all stages of the campaign

 Build and maintain the most powerful and effective coalition

 Identify and conduct the necessary research

 Develop and execute a strong communications strategy

 Win policy change at the state and local level

 Ensure the successful implementation and enforcement of new wage theft laws

This guide is intended to be a point of entry for organizers and organizations that are planning

to launch a wage theft campaign, as well as a resource for established campaigns or coalitions.

Due to the contextualized nature of campaign planning, much of the content is presented in general

terms. We encourage you to contact the Center for Popular Democracy, as well as organizations

referenced throughout this guide, for technical advice and support as you build your wage theft

coalition and campaign.

A Practical Guide to Combatting Wage Theft

Getting Started:

Campaign Planning

Lessons from the Field

A thoughtful campaign plan can serve as an important resource throughout the life of a campaign,

establishing a shared understanding of goals and priorities, and facilitating the work needed

to implement policy victories. As explored below, an effective campaign plan is grounded in a

sophisticated Power Analysis. What are your coalition’s existing sources of power, and what will it

take to overcome opposition and win? Even the best policy goals cannot be realized if you are unable

to rally sufﬁcient power to beat back the business opposition you will always face.

A campaign plan lays the foundation for building the power of allies, moving campaign targets

toward positions of support, and reducing the power of opponents. The framework outlined below

provides a structure for the campaign planning process. These activities can be done internally as

an organization and/or as a full coalition. They are excellent political education activities to do with

impacted workers, building their leadership from the start in the campaign. The best plans are living

documents that can be nimbly adjusted in response to campaign successes, shifting political realities,

and organizational changes.

Campaign Planning: A Six-Step Framework

While every campaign is speciﬁc to the legal, political, and economic context from which it originates,

there are core campaign plan building blocks that are useful across campaigns. The following six-step

framework provides a series of guiding questions and tools to develop your wage theft campaign plan.

The six steps are as follows:

1) Assess the local landscape and your organizational capacity

2) Deﬁne a campaign goal

3) Identify the target, your allies and opponents, and conduct a Power Analysis

4) Deﬁne your Win Theory

5) Do the Tactics and Timeline Exercise

6) Develop and reﬁne your Campaign Work Plan

1. Assess the local landscape and your organizational capacity

An in-depth analysis of the local political landscape and your own organizational capacity will help

shape the foundation of your wage theft campaign. It will help determine what legislative policy—or

other type of campaign goal—to pursue, as well as where and how to focus your resources. CPD

has developed a tool, called the Wage Theft Landscape Analysis, to facilitate this type of inquiry. It

includes a series of detailed questions and considerations in the following areas:

 Current context in your state or city

 Organizational goals and/or interests

 Industry and sector analysis

 Existing legal framework

 Emerging legal issues

A Practical Guide to Combatting Wage Theft

 Allies and opponents

 Structural questions

 Service provision to support the organizing

 Funding and resources

Find the full version of the document in the Appendix.

In the context of limited resources, organizations often need to choose between different priorities.

Launching a new legislative or policy campaign may seem daunting because of the resources it

requires. However, in addition to the potential for broad and lasting impact, legislative and policy

campaigns can also build on other organizational priorities without superseding them.

Case Study:

Balancing Organizational Priorities at Arise Chicago

Arise Chicago’s Worker Center had a long and successful track record of organizing direct actions

to hold employers accountable for their treatment of workers, especially around wage theft. In

considering what the city could do to address the problem of wage theft, Arise took the lead in

passing a 2013 ordinance that allows the city to revoke the business licenses of employers found

guilty of wage theft.12 Arise maintained its core organizational focus on worker organizing and direct

action in order to pursue this goal, and has continued to engage directly with employers. But the

policy reform enhanced the efﬁcacy of worker organizing by increasing workers’ leverage against

employers. Having such an ordinance on the books also increased the Illinois Department of Labor’s

leverage: the agency’s citations to Chicago-based employers now contain a reference to the

ordinance and the possibility of the business losing its license, improving their ability to settle with

employers. Arise successfully achieved a policy goal that beneﬁts workers throughout Chicago while

simultaneously supporting its core organizational goals. In 2015, Arise led the effort to successfully

pass a similar ordinance in Cook County, tying tax abatement beneﬁts to employers’ compliance with

wage and hour laws.13

2. Deﬁne a campaign goal

The next step is to deﬁne your campaign goal. Legislative or policy campaigns seek to strengthen

legal protections against wage theft. Enforcement campaigns typically seek to enhance enforcement

of laws and regulations, and/or increase resources for enforcement. Industry-speciﬁc campaigns take

on a particularly egregious employer or set of employers, or work to clean up a particular industry. A

comprehensive campaign may combine any or all three approaches.

Your campaign goal should be ambitious enough to make signiﬁcant change in people’s lives and

address the root causes of wage theft, but also focused enough that you can realistically win the

campaign. Your analysis of the local reality and your organizational capacity should guide you towards

the right balance between these two criteria.

Additional criteria for a good campaign goal include whether this campaign will:

1) Result in a real improvement in people’s lives

2) Be winnable

3) Give people a sense of their own power

Lessons from the Field

4) Alter the relationships of power so that workers have a real voice in the workplace

5) Be widely and deeply felt by workers and their families

6) Be easy to understand by those who have a direct stake in the campaign’s outcome

7) Target a clear decision-maker

8) Have a clear time frame that works for you

9) Set your organization up for the next campaign by expanding your membership and

building members’ leadership skills, helping your organizations raise resources, and/or

strengthening relationships with allies and elected ofﬁcials

10) Be consistent with your organizational values and vision14

3. Identify the target, your allies and opponents, and conduct a Power Analysis

The third step in campaign planning is to conduct a more focused analysis of local actors that hold

power—in other words, to map out the target, your allies, and your opponents, and to conduct a

Power Analysis. Note, an initial version of a Power Analysis can be a helpful step while you are

deﬁning the campaign goal since setting a realistic yet ambitious goal depends on the amount of

power you have to win it. Ideally, your campaign coalition would conduct an initial Power Analysis at

step two, then revisit/reﬁne it once you have a more fully-deﬁned campaign goal and are revisiting the

speciﬁc campaign targets. This six-step sequence is a suggestion but not the rule.

Identify your targets. Campaign targets are the individuals or institutions with the power and

authority to enact your wage theft proposal. If your campaign goal is to pass city legislation, for

example, then your targets will likely include the members of the city council and the mayor.

Map your relative power and that of your allies and opponents. Mapping exercises help

you visualize different actors’ power relative to one another, and to you. You can use a conceptual

tool, such as the Power Analysis Grid developed by SCOPE (available below), to chart the relative

power of your organization, your coalition and its members, other allies, potential opponents, and the

targets themselves.15

POWER

ANALYSIS

GRID

Die

Hard

Die

Hard

Active

Support

Active

Support

Inclined

Towards

Inclined

Towards

Not on Radar

Can Get Attention

Taken into Account

Power to have

Major Inﬂuence on

decision-making

Vertical Axis:

Amount

of Power

Horizontal Axis:

Position of Perspective

on competing Agendas

Active Participant

in Decision-making

Decisive

Decision making

Power or Inﬂuence

SOCIAL JUSTICE

AGENDA

COMPETING AGENDA,

POSITIONS, POLICIES, ETC b7 OPPOSING

AGENDA

A Practical Guide to Combatting Wage Theft

Conduct a targeting exercise. Once you have a visual representation of the local actors (based on your

power analysis) you may need additional research in order to understand the relationships between relevant

people and institutions, and to assess levels of inﬂuence.

Once this research has been conducted, you should answer the following questions regarding how to

inﬂuence your campaign target:

 Who is your target and what do they care about? (Maybe your target is an elected ofﬁcial running for

re-election, for example.)

 What kind of resources and power do you have? (The ability to mobilize people, to organize direct

actions, to get media attention, etc.)

 What kind of resources and power do your allies have? (Maybe they have the political power to

inﬂuence your target, for instance.)

 What will it take to force your target to advance your campaign goal? Are there strategies you can use

that neutralize your opponents (either by speaking to their concerns or by rendering them ineffective

advocates for their position)?

 Do you have the resources needed to inﬂuence your target? If not, who does? How can you leverage

your resources (power, relationships, etc.) to inﬂuence your target?

4. Deﬁne your Win Theory

Assessing the local landscape, doing a Power Analysis, and completing the targeting exercise all build the

foundation for the campaign’s Win Theory. The primary goal of the Win Theory is to answer the question:

Given the resources available to your organization, coalition, and allies, what do you need to do to achieve your

campaign goal? Put another way, how can you amass sufﬁcient power to overcome the opposition and how

will you deploy that power most effectively to reach victory?

Your Win Theory may include a number of strategic approaches that complement each other, or serve as

alternatives to each other, depending how the campaign takes shape. For example, WASH NY, a campaign

to address wage theft in the car wash industry in New York City, developed a Win Theory that included

the following:

 A citywide movement of car wash workers organizing union drives, to exert

industry-wide pressure

 Support from a broad coalition including faith leaders, elected ofﬁcials, unions and

community organizations

 Incentives for “high road employers” to come into compliance (e.g., public support

for high road employers)

 Collaboration with government agencies to crack down on wage and hour violations

 Citywide legislation to reform the car wash industry

See their complete Win Theory in the Appendix.

An optional step at this point is to craft a Strategy Narrative, which is more detailed than the Win Theory,

incorporates information from your assessment of the local landscape and Power Analysis, and tells the story

Lessons from the Field

of how the campaign will move from its current state to achieving its goals. A Strategy Narrative

should include detailed information about:

 Who is involved

 What the campaign aims to achieve

 The projected timeline

 How the campaign will be successfully executed

 The rational for undertaking your speciﬁc ﬁght

The Strategy Narrative can serve as a grounding document and a guidepost throughout the campaign.

It can be used to help onboard new staff and allies as the campaign generates more support, and to

raise funds for the campaign. As with other campaign planning documents, the Strategy Narrative can

be revisited at regular intervals and revised to reﬂect new political and organizational realities.

For a sample Strategy Narrative, please contact the Center for Popular Democracy.

5. Identify Tactics and Timeline

Before developing your Campaign Work Plan, it is helpful to identify your campaign’s tactics

and timeline.

Step 1: Brainstorm tactics to achieve campaign goal

Start by brainstorming as many tactics that advance your interim and long-term goals as you can.

Tactics may have different targets, and can range from public protest of employers guilty of wage

theft, to placing op-eds by worker leaders in popular local newspapers, to releasing reports that

document the prevalence of the problem. Then choose your top ﬁve to ten tactics based on the

following criteria:

 Is this tactic based on your Win Theory? How will it help you win your campaign? For example,

if your Win Theory focuses on changing the position of a potential ally in the legislature, does

a tactic focused on supporting high road employers align with that goal? It may, for example,

if the targeted high road employers are vocal members of that legislator’s district. It may not if

the employers are opponents of your target.

 Is this tactic aligned with your organization’s culture and experience? Does it reﬂect your

values? Some tactics, such as targeting legislators up for re-election, may be effective but may

not ﬁt with your organization’s non-partisan mission.

 Will it build your members’ leadership skills and strengthen your organizational capacity? A

tactic focused on cultivating “grass-tops” leaders may help build the coalition’s strength, but

may not do much to build your longer-term organizational capacity or reputation, or to create

space for worker leadership.

A Practical Guide to Combatting Wage Theft

Step 2: Sequence tactics into peaks

Create a campaign timeline by strategizing backwards. How will you organize your tactics over time to

achieve your campaign goal?

Determine a peak goal for each tactic. A peak is often an event or action—a press conference

to release a report, for example, or a march against wage theft. Each peak should have its own

measurable outcome. What kind of press do you want to generate by releasing the report, for

example, or how many people will participate in the march?

Your campaign should gain power and build capacity over time. Your tactics should therefore escalate

over time, and each peak should build on what came before, culminating with your campaign goal.

Starting with your campaign goal (strategic goal), work backwards to sequence your peaks and tactics

on a campaign timeline see example below.

6. Develop your Campaign Work Plan

Now it’s time to develop your Campaign Work Plan. This key document details how you will put your

campaign strategy into practice. There are many ways to organize a Campaign Work Plan, but the

primary purpose is to have a clear and shared sense of who is doing what and when, and how the

different pieces of the campaign ﬁt together. The campaign plan will be tailored to the speciﬁc needs

of your campaign, but generally incorporates:

 A stafﬁng plan and/or organizational or coalition chart, which show the personnel required to

achieve campaign goals

 An explanation of the decision-making structure and/or chain of accountability

 A calendar or timeline that allows you to organize the sequence of campaign events while also

visually depicting which campaign activities can be pursued simultaneously

Foundation

Kick-o goal

Peak goal

Strategic goal

Evaluation &

next steps

PEAKS AND TACTICS SEQUENCE

 Sample campaign plan template (see Appendix)

 Make the Road New York/Wage Theft Prevention Act campaign plan (see Appendix)

RESOURCES

Lessons from the Field

Building Worker Leadership in Campaigns

The most successful wage theft campaigns are based on workers’ experiences. Workers know

that wage theft is a common problem, they may be able to identify bad actors, and their ability to

directly share their stories of the impact of wage theft on their families is the most powerful tool in

your campaign. Wage theft campaigns often begin as direct actions against a particular employer

to pressure them to pay unpaid wages, and then develop into broader campaigns to clean up an

entire industry, to win legislative reforms, or to increase state and local resources for wage theft

enforcement. For workers’ centers and community-based organizations, it is important to integrate

the meaningful participation of workers into your campaign plan materials to ensure that your

campaign is truly grounded in workers’ needs and demands. This is especially important if the

campaign develops into a policy or budget ﬁght that will be waged in arenas that may be less familiar

to workers. Campaign plans should include clear roles for workers in developing and executing

campaign strategy and tactics, decision-making, and speaking publicly about the campaign. For

advocacy, policy, and legal service organizations that are part of wage theft campaigns but do not

work directly with community members, it’s worth considering your relationship to membership-

based organizations. This will help to ensure that the overall campaign strategy prioritizes the

experience and leadership of those most acutely affected by wage theft.

Case Study:

Worker Participation at Make the Road New York

New York’s Wage Theft Prevention Act of 2010 (WTPA)

remains one of the strongest anti-wage theft laws in the

country. It increased penalties and damages for violations,

improved protections for workers who stand up for their

rights, made it easier to collect judgments against violators,

and empowered the New York State Department of Labor

with new tools.16 Since its passage, the New York Coalition

Against Wage Theft has focused on implementation of the

WTPA and on the passage of a subsequent bill (in 2014)

with other key provisions, such as increased penalties for

repeat offenders and personal liability for unpaid wages by

a company’s largest shareholders.

Make the Road New York (MRNY),17 which led the WTPA campaign, is a membership-based

organization. It ﬁrst began focusing on wage theft prevention because members of its workers’

committee were deeply concerned about the prevalence and severity of wage theft.

MRNY has a number of issue-based committees. In addition to workers’ rights, these issue

areas include immigration, education, housing, and LGBTQ justice. In addition to weekly committee

meetings, leadership teams made up of the most active members of each committee meet monthly

to discuss campaign planning and strategy. MRNY’s legal and organizing staff also conduct regular

campaign meetings, and proposals emerging from member or staff meetings can be brought

from one forum to the other for further consideration. In order to ensure worker engagement in

key decisions even when the campaign requires a rapid response, two members of the leadership

team are elected as point people to be consulted when there is not enough time to convene the

whole team.

“It’s important in any

campaign to have community

members leading because

they’re representing their

own story, they have

ownership and a desire to

create change…I believe that

every person is a leader—

that they each possess

leadership within.”

—Nieves Padilla, Organizer at

Make the Road New York

A Practical Guide to Combatting Wage Theft

Members of MRNY’s workers’ committee were engaged in almost every aspect of the WTPA

campaign planning and execution. Workers’ on-the-ground experiences with wage theft served to

document the problem and lend insight about which reforms could be most effective, which in turn

inﬂuenced the content of the bill. When workers told their stories, it highlighted the human impact of

wage theft and helped frame the issue by focusing on the worst offenders. Workers also engaged

in direct action against employers and lobbied local legislators and government agencies throughout

the campaign. They spoke at press conferences, were quoted in press releases, and engaged directly

with the media. Workers conducted outreach and education with MRNY’s membership as well as

in the broader community, both during the campaign and after the legislation went into effect, to

explain the legal protections contained in the new law. Workers also demonstrated their power as

constituents, signaling to elected ofﬁcials that their electoral base was paying close attention to this

issue. Worker participation in community outreach and education, mobilizations, press relations,

research, and political lobbying was critical to the campaign’s success, as well as providing invaluable

experiential learning and building organizational capacity for future campaigns.18

Credit: Make the Road New York

Lessons from the Field

Rafael became a member of MRNY in 2007 after

experiencing an accident at his construction job,

where he worked 80, 90, sometimes even 100

hours per week and was never compensated

for overtime, where he was denied protective

equipment like masks and gloves, and where his

hours would be cut as a punishment for taking

sick time. Rafael was looking for a lawyer who

could help him, when a friend told him about an

organization in Bushwick that helped workers with

these issues.

Rafael got help with his legal case, but he did

not stop there. He became an active member of

the organization and has since participated in a

number of campaigns, including the campaigns

to pass New York State’s WPTA, New York City’s

Paid Sick Day legislation, and a ﬁght to maintain

rent stabilization. Rafael spoke to the press about

his personal experiences and conducted outreach

in the community to inform others about these

important ﬁghts. Rafael attends weekly committee

meetings even though he has to travel up to an hour

to get there, and has arrived as early as 5am to

attend actions before starting his workday at 7am.

To Rafael, being a member of MRNY means that

he participates actively, attending committee

meetings as well as rallies and marches. Just as

importantly, however, it means that he shows up

to support and guide his peers. Through MRNY,

Rafael has met workers in a number of dierent

industries—including domestic workers, restaurant

workers, car washers, and delivery workers—who

have all experienced wage theft or retaliation at

work and need information about how to recover

their wages. Because Rafael received the help he

needed, he is now committed to helping others in

similar situations.

Rafael reﬂects on the wage theft win, “Before the

[Wage Theft Prevention Act], we weren’t really

able to speak up in the workplace…Thanks to the

law, now we’re able to speak up.”

Worker Proﬁle: Rafael Navor, MRNY19

Campaign Planning Toolbox (see Appendix)

 Wage Theft Landscape Questions, Center for Popular Democracy

 Power Mapping Exercise, SCOPE

 Win Theory, WASH NY

 Tactics and Timeline Exercise

 Campaign Plans

 Sample Campaign Template

 Make the Road New York/Wage Theft Prevention Act Campaign

RESOURCES

A Practical Guide to Combatting Wage Theft

Getting Started:

Building Your

Coalition

Lessons from the Field

It is rare for a single organization to win a campaign on its own, due to limitations in organizational

resources, stafﬁng capacity, and political inﬂuence. Working with allies in a coalition is a way to

maximize local, regional, and national power, thereby increasing the ability to win campaigns beyond

the organizational resources of any individual coalition member.

Forming a Coalition

 Build your coalition according to your campaign strategy. Your campaign strategy and

power analysis should guide you in terms of who you need in your coalition—organizations or

labor unions with the political clout to move your target, faith leaders to lend moral authority,

etc. You should also assess the particular skills and expertise that your coalition would beneﬁt

from. Different allies will have a variety of invaluable strengths to offer a campaign, such as a

large worker membership, powerful political allies, strategic media connections, or extensive

research capacity. The size and type of coalition you build will depend on what you seek to win

and how much power is required to win.

 Start with existing relationships. Coalitions that address workers’ rights typically involve

some combination of worker centers, labor unions, legal advocacy groups, faith-based

organizations or congregations, immigrant rights organizations, and local or national policy and

research organizations. You likely have a number of these connections already, and can reach

out to these organizations to begin building your coalition.

Policy and research organizations can help with campaign research, data analysis, and publicly-

facing publications to make the case for your campaign demands. For example, in the midst

of the campaign to pass Colorado’s 2014 Wage Protection Act, the Colorado Fiscal Institute

published “Wage Non-Payment in Colorado: Workers Lost $750 Million Per Year,” which

provided estimates of unpaid wages to Colorado workers and of the local economic impact of

lost sales tax, lost income tax, and lost employer contributions to unemployment insurance.20

In 2012, the Oregon Center for Public Policy, a member of the Oregon Coalition to Stop Wage

Theft, published a fact sheet called “Evidence of Widespread Wage Theft,” presenting local

wage theft data and documenting the inadequacy of available remedies.21 Some research

and policy organizations will join wage theft coalitions, although it can also be strategically

advantageous for them to undertake research projects and issue reports as an independent

third-party validator.

 Wage theft lends itself to building broad coalitions. Wage theft is widely perceived as

morally reprehensible, and is rampant in many industries across the country. Because of this,

wage theft coalitions are uniquely positioned to draw diverse members, including groups that

may not typically engage in worker issues. For example, responsible employers and unionized

businesses may want to highlight their competitive disadvantage in the face of widespread

wage theft. Religious leaders often view the ﬁght against wage theft as a moral issue that

speaks to the core of their faith. Religious and business leaders in your coalition can allow

you to reach a broader audience, increase the campaign’s political leverage, and provide new

access to your target.

Connecting with groups that are pursuing adjacent goals is another way to broaden your

campaign. For example, many workers who are affected by wage theft are also affected

by inadequate occupational health and safety protections. See the Center for Progressive

A Practical Guide to Combatting Wage Theft

Reform’s “Winning Safer Workplaces” to learn about local and state level laws and policies

that can better protect workers from occupational safety and health hazards.22

Coalition Structures and Systems

 Consider “inside” versus” outside strategies. Depending on the nature of your campaign,

you may pursue a largely “inside” strategy (working behind the scenes to lobby legislators,

business leaders, and other inﬂuential players), an “outside” strategy (generating media

attention and public pressure on employers, politicians, and other opponents), or a combination

of the two. Consider identifying which members of the coalition will lead the inside strategy,

which will lead the outside strategy. For example, a “ﬁeld and communications” subgroup

of the larger coalition could lead the outside strategy while a “policy and politics” committee

could manage the inside strategy, with regular communication between these groups.

 Decide who will staff the coalition. Some coalitions identify staff from several core

organizations who each commit a percentage of their time to the campaign. One advantage

of this structure is that core member organizations remain actively invested in campaign

activities. Other coalitions hire dedicated staff to run the campaign. This could include

a campaign director as well as skills-based staff, such as a full-time attorney to work on

legislative drafting and lobbying, or someone with speciﬁc communications skills. An

advantage of this approach is that it draws on the expertise of those with the most relevant

experience.

 Establish a decision-making body. Some wage theft coalitions use a steering committee

structure, appointing a small, clearly deﬁned group of representatives who are charged

with reaching decisions relatively quickly through consensus or by vote. Decision-making

structures will also be most effective when they take into account the relative power of

coalition members and their investment in the campaign. Otherwise, you may face a scenario

in which the coalition’s strategy can’t be accomplished because the organizations essential

to executing it are insufﬁciently committed to, or actively oppose, the strategy. Identifying

differences in power (level of funding, constituency size, connections to those in power, etc.)

and organizational investment in the campaign (in terms of staff allocation, funding, or political

capital) among coalition members early, and being honest about how those differentials

can—and perhaps should—impact how decisions are made, and will make the coalition more

effective in the long run. Whatever the structure, it is important to have a clear process for

decision-making from the beginning, as this will help minimize unnecessary conﬂict when

important decisions have to be made quickly.

 Establish mechanisms for internal communication. Internal communication could consist

of regular calls for all coalition members, with separate calls for certain topical subgroups.

Periodic in-person meetings or email updates from coalition staff can complement coalition

calls. The frequency of communication typically changes over the course of the campaign and

as the legislative season gains momentum.

 Engage non-committee members. One trade-off to the efﬁciency of a small decision-

making body is that coalition members not on the steering committee often become less

engaged with the campaign. To avoid this, build in mechanisms for regular communication

out to the broader coalition as well as for broader engagement in strategy and coalition work.

Lessons from the Field

 Accommodate multiple languages. Make sure to plan and budget for translation and

interpretation to meet the language needs of all coalition members, recognizing that those

most impacted by wage theft, and who should therefore play leadership roles in the

campaign, may feel less able to engage if meetings are all in English.

Case Study:

The DC Wage Theft Prevention Act: Formation of the Coalition

DC’s Wage Theft Prevention Act of 2014 (WTPA, effective February 2015)

 Increases penalties for employers who violate wage and hour laws

 Provides anti-retaliation protections for workers

 Establishes a formal hearing process with enforceable judgments

 Improves access to legal representation for workers who experience wage payment violations

DC’s Wage Theft Coalition, which led the campaign for the WTPA, was born out of the Just

Pay Coalition, a group of nonproﬁts, unions, service providers, worker centers, and community

organizations dedicated to promoting workplace justice in DC. The Just Pay Coalition had recently

won minimum wage and paid sick time campaigns. The Wage Theft Coalition was comprised of

many of the same groups but also included a number of new organizations and unions speciﬁcally

interested in ﬁghting wage theft.

The wage theft ﬁght was led by the DC Employment Justice Center (EJC) and DC Jobs With Justice

(DC JWJ). These two groups were natural leaders because of their speciﬁc experience with wage

theft; DC JWJ had been organizing day laborers at Home Depot (who often experience wage theft),

and a signiﬁcant percentage of the cases received through EJC’s legal clinic were related to wage theft.

As coalition leaders, EJC and DC JWJ worked to ensure that there was sufﬁcient commitment

and shared responsibility among all members. However, the structure of the coalition was kept

intentionally loose, which enabled varied amounts of accountability and responsibility to be distributed

among members based on capacity and resources. EJC and DC JWJ provided individualized support

to members, tracked organizational commitments, and facilitated communication across the coalition.

Strategic decisions, however, were made through consensus by the whole group.23

Coalition Building Toolbox

Making the Case for Campaign Demands:

 “Wage Non-Payment in Colorado: Workers Lost $750 Million Per Year,”

Colorado Fiscal Institute

 “Evidence of Widespread Wage Theft,” Oregon Center for Public Policy

Drawing from Adjacent Agendas:

 “Winning Safer Workplaces,” Center for Progressive Reform

RESOURCES

A Practical Guide to Combatting Wage Theft

Getting Started:

Research

Lessons from the Field

Strategic research is crucial to a successful campaign in a number of ways, including:

 Understanding and documenting the problem

 Identifying primary and secondary targets and how to inﬂuence them

 Identifying employers that commit egregious labor violations and uncovering their

worst practices

 Developing effective messages

Some community organizations fall into the trap of thinking that research is either too difﬁcult

or not necessary for their campaign. However, strategically conducted research can be critical

to a campaign’s success. Your organization likely already has a great deal of institutional knowledge.

Local and national policy and research organizations might be able to provide the expertise beyond

your current organizational capacity, for example by locating local data to demonstrate the prevalence

of wage theft in your city or state, or by accessing government documents that shed light on local

enforcement practices. Your campaign will beneﬁt from taking the time to consider the types

of information you want to highlight, how you might obtain resources, and your timeline for

gathering information.

Research Approaches

Background Research

 Scan for readily accessible information. As with many research tasks, spending time

searching online for “wage theft” and wage theft in your state or city will quickly turn up a

variety of resources. Experiment with other general terms that could yield some baseline

information, such as “wages and hours” or “failure to pay overtime.” Once you have compiled

a list of useful search terms for your locality, set up a “Google alert” or a similar system that

can inform you whenever a relevant news story or other form of online content is published.

 Pay particular attention to the websites of local agencies and government ofﬁces that

enforce wage and hour laws—these sites might contain useful information that you would not

ﬁnd through a keyword search.

 Consult policy and research organizations. Policy and research organizations—both

local and national—may be valuable resources for your campaign. In addition to the Center

for Popular Democracy, other national organizations such as the National Employment Law

Project, Economic Policy Institute, the Economic Analysis and Research Network (EARN),

and Demos have published resources online and are available to provide assistance to state

and local campaigns. A local research institute might have access to data that is particularly

pertinent to your campaign.

State and Local Wage Theft Data

 Leverage existing wage theft data. Data is a powerful tool for demonstrating the

pervasiveness of wage theft. Opponents who might try to minimize its impact will have a hard

time arguing with strong data. One of the largest-scale worker surveys on the topic, and most

commonly referenced examples of local wage theft data, is the National Employment Law

A Practical Guide to Combatting Wage Theft

Project’s (NELP) “Broken Laws, Unprotected Workers,” a report documenting ﬂagrant wage

theft among workers in Chicago, New York City, and Los Angeles.24 In 2017 the Economic

Policy Institute released a report that looks closely at minimum wage violations and quantiﬁes

the impact on workers in the 10 most populous states: California, Florida, Georgia, Illinois,

Michigan, New York, North Carolina, Ohio, Pennsylvania, and Texas.25 Other smaller-scale

analyses have been conducted to estimate the impact of wage theft in speciﬁc cities and

states or speciﬁc industries. For example, the Colorado Fiscal Institute produced an analysis,

“Wage Nonpayment in Colorado: Workers Lose $750 Million Per Year,” that estimates the

impact of wage theft in Colorado, extrapolating from the NELP study.26 Before starting your

own research, be sure to identify what existing efforts, if any, have been undertaken to collect

wage theft data in your city or state.

Field Research

If there is no existing local wage theft data, you may consider conducting some ﬁeld research of

your own. There are many research methods to consider, each with their own set of advantages

and challenges.

 Participatory Action Research (PAR). PAR is a community-based approach to research

that involves community members in all phases of the project—from formulating research

questions, to gathering data, to data analysis. In the wage theft context, a PAR strategy might

involve collaborating with impacted workers to draft survey questions, interview workers,

and analyze the survey responses. PAR leverages the local knowledge of those impacted by

a particular issue to increase the relevance of survey questions. Workers themselves may

know what forms of wage theft are prevalent in a particular industry and are well equipped to

formulate questions that will best elicit responses from other workers. It also may increase

the accuracy and volume of responses, as workers may be more inclined to share information

with their peers rather than outsiders. Funders may also be interested in supporting PAR

because of its worker-driven and participatory nature. In addition to providing new data, PAR

is an effective tool for organizing workers, building leadership, and developing organizational

capacity. PAR is a lengthy and resource-intensive process, however. The time and expense

may be well worth the outcome, but must be weighed against other priorities and with

attention to the campaign’s calendar.

 Polling data and focus groups. There is little-to-no professional polling data on wage

theft issues (as compared to minimum wage or paid sick leave). Though this type of data

is particularly useful for persuading elected ofﬁcials, it is typically far too expensive for

community-based organizations to conduct polls. Focus groups are an alternative to polling,

and can be conducted with or without professional assistance. If you choose to conduct focus

groups, you might consider partnering with an experienced research group that frequently

works with grassroots and nonproﬁt organizations.

See the Urban Justice Project Community Development Project’s “Research for Organizing”

for a comprehensive guide to Participatory Action Research.27

RESOURCES

Lessons from the Field

 Incorporating wage theft questions in related surveys. Keep an eye out for organizations

or institutions that are launching related surveys about workers’ rights or working conditions,

and ask if they would be willing to incorporate a few questions about wage theft. For example,

a local policy institute might conduct a survey on health and safety, but may be willing to add

an additional question about unpaid overtime. Though this research strategy will limit the

amount of information gathered, it could yield useful data at little or no cost. Depending on the

reputation of the organization or institution, it could also serve as a validator of the data and the

campaign more generally.

Accessing Public Records

 Freedom of information requests. Federal and state freedom of information laws,

sometimes called sunshine or open records laws, provide any person the right to access

agency records that are not protected from public disclosure but may be otherwise impossible

to obtain. An agency’s website should contain information about the types of records they

maintain, and any of these records can be requested. For example, you could make a request

to the local wage and hour law enforcement agency for all records relating to investigated

wage theft claims including the amount of wages, damages, and penalties collected, the

number of open cases, the number of investigators and other staff, and information on the

agency’s budget. Keep in mind that requested documents might be hundreds of pages long

and will need to be dissected for relevant information. This is often a good project to be

pursued in collaboration with a law school or legal clinic. When considering ﬁling a request, it

is also important to note that you may incur fees, so budget for this in your campaign plan. In

some cases, the process is lengthy and you might not receive your request quickly enough

for campaign purposes. Still, the very act of making the request sends a message to local

enforcers that their activities are being observed, which can in itself serve a strategic purpose.

Keep tabs on the “State Voices Network”—a network of grassroots organizations that join

together in their states to plan and share resources at the state level—for opportunities

for collaboration.28

RESOURCES

See the National Freedom of Information Coalition’s State Sample FOIA Request Letters for

sample language.29

RESOURCES

A Practical Guide to Combatting Wage Theft

When making your request, maintain a focus on

what you hope to demonstrate.

Do you want to show that wage theft is a

rampant problem?

Ask for the total number of cases ﬁled and resolved

over the last decade and amount of any judgments

issues against employers.

Do you want to know how widespread wage theft

is in your locality, and who the worst actors are?

Ask for lists of employers with judgments issued

against them, their addresses, and the total

amount of the judgment of each.

Do you want to demonstrate that more eective

enforcement is needed?

Ask for current and historical information

about the backlog of cases, the total amount of

judgments issued, the total actually collected from

employers, the total enforcement budget, and

the number of investigators. This information can

show, for example, how funding and stang have

not kept pace with the caseload.

Examples of FOIA Requests for a Wage Theft Campaign:

Opposition Research

 Identify your opponents. When you did your power analysis, you should have identiﬁed

organizations and individuals who oppose your position on wage theft. Opponents may range

from particular local employers, to funders of your local, state, and national political opponents.

You may already know a great deal about the worst offending employers or industries in your

city and state, but perhaps you lack documentation beyond word of mouth. The background

and legal methods already discussed will yield some of this information, but you can also

research companies and industries through online tools such as the Good Job Now’s Dirt

Diggers Digest Guide to Strategic Corporate Research30 and databases like the Violation

Tracker31 and Subsidy Tracker.32 For greater investigative expertise you may want to contact

national or local unions in the industry, watchdog organizations that track sources of political

and ﬁnancial support for anti-worker interests, such as the Center for Media and Democracy,33

or social justice research hubs like CPD.

Lessons from the Field

Research Partnerships

Partnerships can be invaluable to research, as published reports documenting the issue of wage theft

authored by institutions not part of the coalition are more effective in persuading decision-makers.

 Policy and research entities. Continue to engage policy and research entities beyond the

background research stage. A research or policy institute can be a valuable ally or partner in a

wage theft coalition and can help draw attention to local data and the impact of wage theft on

workers and the overall economy.

 Universities and academics. College and university professors may have knowledge of

ongoing studies or existing research that is useful in the early stages of your campaign.

Developing relationships with local academics might also lead to more signiﬁcant research

assistance down the road. Individual professors who are supportive of the campaign goals

or engaged in related research may be able to produce original campaign-related research, or

even design a course with an experiential or research component structured around your wage

theft campaign. This type of arrangement enables a professor to focus concentrated time on

your research, while offering students a unique on-the-ground learning experience. Keep in

mind, though, that academics often have long timelines that do not always match the tempo

of a campaign calendar. Local law school clinics, where law students provide legal assistance

under the direct supervision of faculty, may offer legal research and other assistance at no

cost. University labor education centers are similarly valuable resources for research and

advocacy assistance. Furthermore, the participation of a college professor, academic center,

or law school clinic can serve as a validator for the campaign more generally. Professors

may also be aware of sources of funding for research that are less well-known outside the

academic world.

 Keep an eye on major players. While conducting background research, keep an eye out

for prominent individuals who could play a role in your campaign strategy. Who has spoken

publicly about wage theft or related issues like minimum wage and paid sick leave? What

has been the primary focus on their engagement with workers’ rights? The answers to these

questions may enable you to involve some new and well-known allies in your campaign.

Fact sheets can be a helpful way to organize

information about a particularly egregious

employer that you want to highlight. The exercise

of creating a fact sheet will push you to condense

large volumes of research into one or two page

documents and to present information in discrete

and manageable categories. Below are some

elements that you might include in a fact sheet:

 Basic employer information

 Employer services and products

 Description of the workforce

 History of relationship between workers

and management

 Summary of violations of workers’ rights

 Details of any current disputes

Examples of Information on Employer Fact Sheets:34

A Practical Guide to Combatting Wage Theft

Research Toolbox

National Research and Policy Organizations:

 National Employment Law Project

 Economic Policy Institute

 Economic Analysis and Research Network

 Demos

 Center for Popular Democracy

Wage Theft Statistics:

 “Broken Laws, Unprotected Workers,” National Employment Law Project

 “Employers steal billions from workers’ paychecks each year,” Economic Policy

Institute.

 “Wage Nonpayment in Colorado: Workers Lose $750 Million Per Year,” Colorado

Fiscal Institute

Research Methods and Strategies:

 Research for Organizing, Urban Justice Center Community Development Project

 State Voices Network for opportunities for survey collaboration

 State Sample FOIA Request Letters, National Freedom of Information Coalition

 Opponent Research:

 Dirt Diggers Digest Guide to Strategic Corporate Research, Corporate

Research Project

 Subsidy Tracker, Good Jobs First

 Violation Tracker, Good Jobs First

 Center for Media and Democracy

RESOURCES

Lessons from the Field

Winning

The Campaign:

Communications

A Practical Guide to Combatting Wage Theft

An effective communications strategy is a key component of a successful wage theft campaign. In

general, the role of communications is to educate policymakers and the public, build support about an

issue, convey a sense of urgency, signal opportunities for action, and shape an overall narrative. More

speciﬁcally, a successful communications strategy around wage theft should do the following:

 Amplify your message about wage theft to build momentum for your campaign

 Reach affected workers and potential allies to bring new people into the campaign

 Inﬂuence decision-makers

 Position your organization as a leader in combatting wage theft

 Demonstrate the political importance and salience of wage theft as a galvanizing issue

As you develop your communications strategy, you should also answer the following questions:

 What is the overall narrative of the campaign?

 How will your communications strategy draw attention to the problem of wage theft and

highlight your proposed solutions (campaign demands)?

 Who do you need to reach and how will you reach them?

 How will you use individual stories to generate support and coverage?

After sharing a few examples of effective messaging around wage theft, this section will walk you

through shaping an overall narrative, crafting your message, deploying your message, developing

communications materials, and interacting with the press.

The term “wage theft” is itself a brilliant example of well-crafted communication. It was ﬁrst coined

by the founding director of Interfaith Worker Justice, Kim Bobo, in her 2008 book Wage Theft in

America: Why Millions of Working Americans Are Not Getting Paid—And What We Can Do About It.35

It was an effective way to tie together a number of related labor violations (the nonpayment of wages,

failure to pay minimum wage, employee misclassiﬁcation, etc.) as a form of robbery, and the ﬁrst time

wage theft was framed as a crime warranting investigation and punishment.

The Healthy Nail Salons campaign, led by Adhikaar for Human Rights and Social Justice, provides

us with a more recent example of the powerful impact of well-crafted messaging. Adhikaar is a

Queens-based community organization serving the Nepali-speaking community in New York City.

Its Healthy Nail Salons campaign has helped nail salon workers take legal action to ﬁght wage theft,

successfully won back stolen wages, and fought for healthy nail salon legislation in the New York City

council.36 In 2015, the New York Times ran a feature on nail salon workers that elevated a number of

moving personal stories from salon workers and brought life to their challenges as victims of wage

theft.37 Several days later, Adhikaar released a groundbreaking report documenting long hours, low

pay, health and safety risks, and immigration and language barriers in the nail salon industry.38 Shortly

thereafter, Governor Andrew Cuomo announced emergency protection for nail salon workers, a

legislative and regulatory plan that included a number of Adhikaar’s proposed solutions. Governor

Cuomo also convened a multiagency taskforce to investigate nail salons, institute new rules to

protect salon workers from dangerous chemicals found in nail products, and inform workers of their

rights.39 In New York City, Mayor de Blasio announced that the NYC Department of Consumer Affairs

would investigate the nail salon industry and inform workers of their rights.40 Adhikaar’s organizing,

Lessons from the Field

advocacy, and education work laid the groundwork, but obtaining in-depth coverage of the issue by a

prominent news outlet was critical in galvanizing the city and state to act.

Shaping an Overall Narrative

When you develop your communications strategy, you should consider the overall narrative you want to craft.

 This narrative should be based on your campaign strategy, including the problems you have identiﬁed,

the solutions you are proposing, and your win theory.

 The narrative should:

 Include individual stories that highlight the injustice of wage theft and make the issue come alive

 Communicate shared values that anchor your community

 Convey an urgent challenge that you are calling on your community to respond to

 Include a speciﬁc call to action

 It should also connect the “head” and the “heart,” 41 engaging people in both the intellectual and

emotional reasons why they should support your wage theft campaign.

Crafting Your Message

Deﬁne the Problem

An example of a topline message, or the main message you want to convey, is that wage theft is an urgent crisis

that hurts us all. By emphasizing and unpacking this message, you can reach your audiences more effectively.

 Wage theft is an urgent crisis. Wage theft is an urgent matter affecting real people: when workers

are denied their due wages, they are unable to meet basic survival needs for themselves and their

families. Wage theft is also rampant. As often as feasible, include a line in your communication

materials about the prevalence of wage theft.

 Wage theft hurts us all. Effective campaigns have framed wage theft as a problem that not only

harms workers and their families but also the broader community, the economy, and responsible

businesses. When wages are stolen, our economy suffers losses in consumer spending and tax

revenue. High road employers who follow the law are undercut by those who cheat and steal

from workers.

 Law-abiding employers won’t face new burdens. It is also strategic to emphasize that law-abiding

businesses have nothing to fear, as cracking down on wage theft only impacts the bad actors that hurt

all of us.

 It’s a moral issue. The moral case—that this is theft and should not be tolerated—can be especially

powerful when delivered by members of the faith community.

 Wage theft hurts workers across the spectrum. An intentionally diverse set of “faces” for the

campaign, i.e. a range of impacted workers, will help show that wage theft is an issue that affects us

all, not just some groups of workers in speciﬁc areas.

A Practical Guide to Combatting Wage Theft

Sample Messages:

“Because her wages were stolen, Susie May can’t put food on the table, buy school supplies for

her children, or pay her rent. And when the worst businesses steal wages and break the law, they

undercut responsible business owners, like Johnson’s Grocery, who play by the rules and pay

workers fairly.”

“Law abiding businesses are at a competitive disadvantage against businesses that steal workers’

wages. Everyone in our communities is hurt when workers don’t have enough money to provide for

basic things like groceries and medical care.”42

Deﬁne the Solution

Your communication materials should always highlight your campaign demands. An effective message

not only communicates the urgency of the problem, but also clearly articulates a course of action.

Sample Solutions:

“ Increased funding will lead to stronger enforcement of wage and hour laws, which will help prevent

wage theft and protect workers, our economy, and responsible businesses.”

“ Putting a real price tag on wage theft is the only way to prevent it—protecting workers, our

economy, and responsible businesses.”

Anticipate the Oppostition

As you develop your message, think ahead to what your opponents will say and anticipate their

arguments in your communication strategy and materials. For example:

 Will the opposition say that wage theft is only an urban issue and therefore statewide burdens

on business do not make sense? Make sure you are equipped with stories from workers in

suburban or rural areas.

 Will the opposition frame wage theft as a problem of “illegal” immigrants? Make clear that

undocumented workers are at risk, but include stories that show how workers of other

backgrounds are also affected. Arm yourself with an arsenal of stories from workers across the

racial, economic, geographic, and occupational spectrum.

 Will business groups trot out a few “mom-and-pop” shops to complain that your proposal will

kill small business with onerous regulations? Talk about common sense rules that level the

playing ﬁeld for the responsible businesses of our communities who struggle to compete with

the bad apples.

 Will the opposition complain that this is just an attempt by plaintiffs’ lawyers to get rich by

drumming up frivolous litigation? Include stories about workers who go to the Department

of Labor because there are no lawyers to take their case, and how these proposals will help

government do its job better.

Lessons from the Field

Develop a Robust “Story Bank”

Prepare testimonies that demonstrate the credibility of your campaign and bring the issue of wage

theft alive by telling human stories. You can collect, vet, and edit testimonies from a variety of

campaign supporters, including workers, small business owners, unionized businesses, faith leaders,

and objective commentators (researchers, policy experts, etc.). Be sure to collect testimonies that

illustrate all of your campaign’s main talking points.

Taking the time early in the campaign to craft these testimonies will help you prepare a variety

of speakers so that when asked by the press, you can quickly connect them to the appropriate

spokesperson. The testimonies, either in whole or in part, can be used in various ways including

in press releases, as background for reporters, in conversations with legislators, or as the basis for

legislative testimony. It is helpful to gather testimonies in multiple languages and/or translate your

story bank into relevant languages so they can be used with both English and non-English media.

Use Accessible Language

A vocabulary “cheat sheet” is a helpful tool for translating technical terms into concepts that are

accessible to a broader audience. “Increasing penalties and liquidated damages” could, for instance,

be expressed as “raising the price tag on breaking the law.” A wage lien could be described “as a way

to prevent the worst businesses from hiding their money to avoid paying workers.”

Also remember that, in most instances, your job is to make the case for why you need to change the

law, rather than to explain the technical details of what the change actually is.

Deploying Your Message

Attract Media Attention

 Present a uniﬁed message. A uniﬁed message can send a strong signal that a well-organized

ﬁght to end wage theft is underway, particularly when delivered by a diverse campaign

coalition comprised of, for example, community organizations, faith-based groups, economic

experts, unions, and business groups. Elected ofﬁcials and policymakers are more likely to act

when faced with a broad and diverse constituent base that is building momentum for reform.

 Develop “newsworthy” events. A successful campaign will generate ongoing press

coverage throughout its duration, even during the nascent stages. To secure continued media

attention, plan a series of events that can be pitched as newsworthy stories at different points

along the campaign timeline. These events can highlight both inside strategies of advocating

with elected ofﬁcials and outside strategies of building broad support. For instance, the

 Employment Justice Center’s messaging

resource, “Protecting Wages: The EJC

Fights Wage Theft in D.C.”43

 CPD’s summary of best practices

for economic justice messaging (see

Appendix)

Examples of Wage Theft Messaging:

A Practical Guide to Combatting Wage Theft

coalition might have a legislative brieﬁng in the statehouse about their bill to strengthen wage

theft prevention mechanisms, and then a direct action outside an egregious employer’s place

of business.

When planning events:

 Identify a location for your event that highlights your campaign narrative, but should also be

relatively close to media outlets or logistically convenient for reporters to travel to.

 Consider what your props and visuals will look like on camera, and make sure they are visible

to the media team.

 Identify and prep two to four impacted workers or staff who have been trained as

spokespeople and can give short interviews to reporters.

 Alert the press in advance of the event. Two days in advance is a good rule of thumb, but you

might also want to resend your press advisory the morning of your event because many news

outlets decide day by day where to send reporters.

Credit: Make the Road New York

Lessons from the Field

February 21, 2014

By Tobias Salinger/Daily News

Wait sta and cooks in two Queens restaurants

say their wages are rotten.

Restaurant workers at Elias Corner Restaurant

for Fish in Astoria and Aqui en Bella Puebla in

Jackson Heights often go without minimum wage

or overtime, according to lawsuits.

Employees at the eateries are waiting for judgment

even though the state resolved 6,794 wage

complaints last year.

“These violations are rampant and there’s just

not enough enforcement either on the public

level or the private level to make a huge dent,”

said Tsedeye Gebreselassie, sta attorney at the

National Employment Law Project.

New York City’s 300,000 low-wage workers lose

$18.4 million per week in unpaid wages, according

to the advocacy group.

Three former employees of Elias Corner allege

their boss Ilias Sidiroglov owes them $350,000,

according to a lawsuit ﬁled last year in Brooklyn

Federal Court. In 2003, Sidiroglov shelled out

$460,000 in lost wages to workers.

“My only conclusion is it makes ﬁnancial sense for

him to handle these lawsuits every few years rather

than comply with wage laws,” said lawyer Justin

Zeller, who represents two cooks and a waitress.

Sidiroglov declined to comment.

About three miles away in Jackson Heights, former

waitress Claudia Leon says Aqui en Bella Puebla

paid her just $300 for a 48-hour week.

“The owner would say that, ‘this is one of the best

restaurants in the area, and if you don’t like it, you

can go somewhere else,’” said Leon, 36.

Leon is currently pursuing a lawsuit against owner

Argimiro Hernandez and planning a protest outside

the restaurant with Make the Road New York. She

has yet to ﬁle the suit.

Hernandez says she received her full wages.

“No, she’s lying,” Hernandez said.

Example of a Newsworthy Event:

“Queens restaurant workers struggling with wage theft” 44

See below for an example of a news article about a wage theft event, pitched as a news hook about

two bad employers, but to draw attention to the broader wage theft campaign.

 Release compelling statistics. Leverage available data to show that billions in wages are

stolen each year and to highlight the negative impact on workers, responsible businesses, and

the economy. Key data points and statistics should become a consistent part of the campaign

message and incorporated into brieﬁngs and meetings with elected ofﬁcials, allies, coalition

partners, and other target audiences, but should be used in conjunction with powerful stories

and testimonies about the impact of wage theft on real people.

As mentioned previously, if local data does not already exist, a credible research or policy

group may be able to help with a report or policy brief. Releasing a report may be enough to

generate media coverage on its own, but can be even more powerful if the report is released

in conjunction with another event that highlights wage theft, such as a protest at an employer

who owes workers unpaid wages, or a lobby day at the state capitol.

 See the Employment Justice Center’s statistics.45

 See the UCLA Labor Center’s statistics.46

Examples of Wage Theft Statistics:

A Practical Guide to Combatting Wage Theft

 Leverage the current political landscape. Capitalize on related news events, which might

present opportunities to deploy your own message. For example:

 When a settlement or lawsuit alleging wage theft makes the news, issue a press

statement noting the importance of strengthening the laws to prevent such abuse.

 When ofﬁcial unemployment statistics are released, publish an op-ed that discusses the

need not only to create more jobs, but also to ensure that new jobs actually deliver the

promised wages.

 When there is a minimum wage increase, make the case that a higher minimum wage will

only be meaningful if we crack down on wage theft, because unscrupulous employers pay

less than the minimum wage anyway.

See the Center for Popular Democracy’s report, “By A Thousand Cuts: The Complex Faces of Wage Theft in

New York,” which highlights egregious employers.48

Example of Targeting Top Oenders:

Many members of the DC Wage Theft Coalition,

led by the EJC, had previously been engaged in a

ﬁght to raise the minimum wage. The minimum

wage increase was passed in 2012, three months

before the WTPA was introduced, allowing the

coalition to capitalize on this momentum. One of

the key talking points from the minimum wage ﬁght

was that laws were not being adequately enforced,

and the coalition was able to leverage the broader

conversation about enforcement to its advantage.

Many elected ocials were also up for reelection,

so the coalition succeeded in making wage theft a

campaign issue. 47

Example of Leveraging the Political Landscape:

DC Wage Theft Coalition

 Target top offenders. To highlight the scope and severity of the wage theft crisis, target

speciﬁc employers who have stolen large amounts of wages and/or are repeat offenders.

You or your allies might already know the worst actors in your industry or geographical area. If

not, you can ﬁle freedom of information requests of the local department of labor to learn of

employers found guilty of wage theft throughout your state. Highlighting top offenders can also

provide a tool for dispelling oppositional claims. Opponents may assert, for example, that it is

only small mom-and-pop shops that are inadvertently underpaying workers. By underscoring

rampant wage theft within major corporations, you could undercut that claim. Elected ofﬁcials

might also interpret wage theft to be purely a “big city” problem. Finding targets across your

state with a track record of wage theft would dispel that myth.

Lessons from the Field

In 2014, Community Labor United (CLU) and the

Good Jobs, Strong Communities Coalition won

Boston’s Wage Theft Executive Order. The order

requires employers who wish to contract with

the city of Boston to report any history of wage

theft violations within the last three to ﬁve years.

If violations exist, the employer must obtain a

wage bond equal to one year’s worth of wages for

all employees. CLU has also passed wage theft

ordinances in several other multiple municipalities

in Massachusetts, including Chelsea, Cambridge,

Quincy, Worcester, Malden, and Northhampton,

and continues to work towards passing them in

other cities and towns.

The coalition continues to advance an ambitious

agenda to build on this win. For example, they are

seeking to address the misclassiﬁcation of workers

as independent contractors with the Act to Prevent

Wage Theft and Promote Employer Accountability,

which clariﬁes who is ultimately responsible

for upholding fair labor standards at any given

workplace.50 In 2016, the legislation passed in the

Senate 38-2.

A key tactic has been to highlight bad actors

who are responsible for subcontracting and

misclassifying workers in order to ensure up-

the-chain accountability “from the companies

that initiate the demand for the work, to the

contractors coordinating the project and the

subcontractors who directly hire and supervise

workers.”51 They have pressured some of the

worst-oending companies by issuing “community

citations,” physical notices posted to the sites of

lead companies to ensure they know about the

violations committed by their subcontractors.

This has helped build a narrative around wage

theft, create momentum for the campaign, and

garner press attention. In addition, since the

primary employer only can be liable if they are

aware that the subcontractor is violating the law, it

is a necessary precondition for liability later down

the road.

For more information, see

stopmasswagetheft.org.52

Example of Targeting Top Oenders:

Community Labor United and the Good Jobs,

Strong Communities Coalition49

Credit: Community Labor United and the Good Job, Strong Communities Coalition

A Practical Guide to Combatting Wage Theft

Demonstrate Credibility

 Obtain support from inﬂuential ﬁgures. Announcing public support from inﬂuential labor unions,

economists, business groups, clergy, and other public ﬁgures can keep your campaign in the news and

demonstrate growing support to address the wage theft crisis. This can mean formal endorsements

and/or public ﬁgures joining you at a rally or other events.

 Obtain endorsements from editorial boards. Elected ofﬁcials and policymakers tend to pay close

attention to the editorial boards of top local newspapers, so it is valuable to your campaign to have

editorial boards speak out against wage theft. You can provide them with materials that highlight

your campaign messages and key statistics. Editorial boards are often willing to meet with advocacy

groups on major policy issues. You can reach out to introduce yourself to the editor, explain why your

issue is important, and request an in-person meeting. You might also adopt this approach with other

columnists, opinion writers, analysts, or local bloggers to see if they will endorse or highlight your

campaign goals.

 “Proposed Bill on Fighting Wage Theft is

Strong but Needs More Precision,” Los

Angeles Times Editorial Board53

 “Wage Theft Across the Board,” New York

Times Editorial Board54

Examples of Editorial Board Endorsements:

Developing Communications Material

Communications material are important not only for purposes of generating momentum and sharing

a message, but also because press can also help you get meetings with elected ofﬁcials and move

targets. They can be used to educate elected ofﬁcials on the issue of wage theft, move them to

action, and also reward them for strong leadership.

Printed Media

Media advisories and press releases

 Media advisories are sent out in advance of a campaign event (press conference, action, etc.)

and offer only basic details on who, what, where, and when. They are used by reporters and

editors to plan news coverage. An advisory should be no more than half a page.

 Press releases are sent out after a campaign event and they read like a news story. They

should have a strong headline, offer the key highlights in an opening paragraph, and then

segue into quotes from your campaign leaders, workers, and allies. Reporters should be able

to write their news story just from the release itself. In all materials for the press, be as clear

and concise as possible, and deliver the most important news upfront.

Lessons from the Field

 “Wage Theft Victims Rally in Protest of

Stolen Pay,” Employment Justice Center 55

 “News Report Shows Wage Theft Impacts

Workers’ Health,” UCLA Labor Center56

Examples of Media Advisories:

Op-ed articles and letters to the editor

 Op-ed articles are opinion articles, usually 500–800 words, written by a worker or a leader

or ally of your campaign. Op-eds present an argument that deﬁnes the core problem of wage

theft and offers your proposed solution. Most local and statewide papers accept op-ed articles.

 Letters to the editor are much shorter—usually 100–150 words—and offer responses to

news articles. For example, when a news story on wage theft is published, you can respond

with letters to the editor from workers who reinforce that wage theft is a real problem in

your community. Letters to the editor also allow you to counter coverage that lifts up the

opposition’s position.

 Guidelines to submit op-eds and letters to the editor are generally available on a

publication’s website.

 “Honoring Labor Day by Rooting Out

Wage Theft,” Eric Schneiderman in Hungton Post59

Example Op-Ed Article:

 “Wage Theft Costs American Workers

as much as $50 Billion a Year,” Economic

Policy Institute57

 “ Mayor of Boston Issues Wage Theft

Executive Order,” City of Boston58

 “Letter to the Editor: Wage-theft by

employers need legislative remedy,” The

Washington Times.60

 “The moral imperative to end wage theft:

Guest opinion,” The Oregonian 61

Examples of Press Releases:

Examples of Letters to the Editor:

A Practical Guide to Combatting Wage Theft

Social Media and Online Communication

Digital platforms are an important way to communicate information about your campaign, notify followers of victories

and developments, and ask supporters to take action. Consider developing several of the following tools as part of your

digital strategy, being mindful of the resources required to maintain them. For example, keeping one account up-to-

date might be preferable to having several poorly maintained accounts.

 Campaign and existing organizational email lists. Building a database of supporters and allies is crucial

for keeping people informed about your campaign and mobilizing them to take action at key moments. Ask for

email addresses at every opportunity (campaign actions, meetings, etc.).

 Website. A website with strong visuals and persuasive messaging can concretize your message and get the

word out about your campaign. All campaign press releases, email blasts, and social media content should

include a link to your website, and you should be sure that someone is tasked with maintaining and updating

the site. In general, a campaign page that is integrated within your organizational website can help build your

organization’s reputation and strengthen your other campaigns. You may consider creating a separate campaign

website if, for example, you are part of several coalitions and you want to differentiate the wage theft coalition

demands. For an example, see the Good Jobs, Strong Communities wage theft website.62

 Facebook. A Facebook page is a useful tool for supporters to share content from your campaign with their

outside networks. This could include photographs, graphics, news stories, and calls to action. Facebook tends to

be a very visual medium, so focus on generating visual content and keep text to a minimum. The text of Facebook

posts should be succinct and action-oriented. Again, someone must be tasked with keeping the content fresh and

engaging. For an example, see the Los Angeles Coalition Against Wage Theft Facebook page.63

 Twit ter. An active Twitter feed can attract the attention of

reporters and elected ofﬁcials, and can activate supporters

at key moments in the campaign. “Twitter Actions” are

often used to promote a speciﬁc action—for example, you

could tweet @your governor urging them to support a bill

or @speciﬁc legislators requesting that they ask a speciﬁc

question in a hearing. You can also live tweet, or broadcast

in real time, from a rally, hearing, or other campaign events.

By using speciﬁc hashtags (#wagetheft #endwagetheft

#workersrights #oureconomy #allofus), you can create and

contribute to ongoing conversations. Note that Twitter is not

ideal for all communication needs, since messages must be

140 characters or less. For an example, see the Los Angeles

Coalition Against Wage Theft twitter feed.64

 Instagram. Instagram is a useful tool for sharing lively and

action-oriented photos from your campaign’s biggest actions and events. Images that capture a memorable

event and invite a response often get the most traction. Similar to Twitter, Instagram photos are easily

searchable via hashtags and usernames, and clever captions can generate “likes” and “re-grams” (shares from

one user to the next). It is also easy to share visual content from Instagram to Facebook and Twitter.

Example Tweets:

89% of fast food workers have experienced

wage theft. This is why LA needs to

#EndWageTheft! #FightFor15

—Fight For $15 LA

Wage Theft is a Crime! 8 out of 10 workers in

LA has experienced some form of wage theft!

—End Wage Theft LA

@MaketheRoadNY Congrats Make the Road

NY! Your NY wage theft law at work protecting

restaurant workers from abuse!

—ROC United

Lessons from the Field

Interacting with the Press

 Build strong relationships with the media. It is important to develop a broad and diverse

list of media contacts (including television, radio, print, and online outlets) and to establish

and maintain deeper relationships with reporters who cover topics relevant to your wage theft

campaign such as politics, the legislature, the economy, or labor issues in your area.

You can get to know the reporters who cover related events and/or reach out directly

to relevant reporters.

 Maintain regular communication with your press contacts. Once you have established a

relationship, send your contacts regular, interesting updates so they come to think of you as a

key source. Pitch them stories and keep them abreast of big developments in your campaign,

but also consider what kind of story they or their editors might ﬁnd interesting. By tailoring

pitches to speciﬁc reporters and outlets, you will signal that you are thinking of them and that

you understand their work.

 Provide timely and compelling news hooks. Reporters often cannot pursue a story unless

there is a clear sense of immediacy. An announcement, event, or new data can serve

as “hooks” for a story, and can then provide an entry point for a broader conversation

about wage theft. Reporters work on tight deadlines and accuracy is highly valued, so be

sure to offer credible, veriﬁable information along with sources who can provide interviews

in a timely fashion.

 Worker-led protests

 Initiation of wage theft litigation

 Announcement of settlements

 Wage theft news elsewhere

 New data about wage theft

Examples of Wage Theft News Hooks:

 Be strategic about the timing of your pitch. The best time to reach most reporters and

editors is mid-morning. To get them interested in covering a story for the next day, it is best

to pitch before noon. You can do this in a short email that captures the core of the story and

the sources available for interviews (workers, elected ofﬁcials, others) in a single paragraph.

Reporters are often asked by their editors to offer pitches in one or two sentences, so be

succinct and direct in your pitch.

 Consider exclusives and embargoed news. Media outlets like to get a scoop, so they

appreciate exclusives—the chance to cover a big story before other news outlets. Just be

mindful of who you give these privileges to, and how frequently, in order to avoid alienating

other media outlets. Another option is to offer news “under embargo.” This means that several

key news outlets are given a story with restrictions on when they can make the news public.

The outlets are able to plan for coverage for the following day, and you control the timeline. For

example, you could embargo a press release on a major announcement for 6 a.m. and offer

it to a few outlets the evening before so they can plan for the morning. Reporters and editors

appreciate the ability to plan their coverage for the following day, rather than receiving a press

release with no advance warning.

A Practical Guide to Combatting Wage Theft

Communications Toolbox

Wage Theft Messaging:

 “Protecting Wages: The EJC Fights Wage Theft in D.C.,” Employment Justice Center

 “Best Practices for Economic Justice Messaging,” Center for Popular Democracy

(see Appendix)

Examples of Wage Theft Statistics:

 “Protecting Wages: The EJC Fights Wage Theft in D.C.,” Employment Justice Center

 “What is Wage Theft?” UCLA Labor Center

Targeting Top Offenders:

 “By A Thousand Cuts: The Complex Faces of Wage Theft in New York,” Center for

Popular Democracy

Editorial Board Endorsements:

 “Proposed bill on ﬁghting wage theft is strong but needs more precision,” Los

Angeles Times Editorial Board

 “Wage Theft Across the Board,” New York Times Editorial Board

Media Advisories:

 “Wage Theft Victims Rally in Protest of Stolen Pay,” Employment Justice Center

 “News Report Shows Wage Theft Impacts Workers’ Health,” UCLA Labor Center

RESOURCES

Lessons from the Field

RESOURCES

Communications Toolbox (continued...)

Press Releases:

 “Wage Theft Costs American Workers as much as $50 Billion a Year,” Economic

Policy Institute

 “Mayor of Boston Issues Wage Theft Executive Order,” City of Boston

Press Release

Op-Ed:

 “Offering Labor Day by Rooting Out Wage Theft,” Eric Shneiderman in

Hufﬁngton Post

Letters to the Editor:

 “Letter to the Editor: Wage-Theft by Employers Needs Legislative Remedy,”

The Washington Times

 “The Moral Imperative to End Wage Theft: Guest Opinion,” The Oregonian

Social Media:

 Good Jobs, Strong Communities Stop Wage Theft Webpage

 Los Angeles Coalition Against Wage Theft Facebook Page

 Los Angeles Coalition Against Wage Theft Twitter Account

A Practical Guide to Combatting Wage Theft

Winning

The Campaign:

Legislative Advocacy

Lessons from the Field

While there are various forms of advocacy used to combat wage theft, many campaigns focus on

passing wage theft legislation. Changing the law can address wage theft at a systemic level, for

instance by discouraging wage theft by increasing the penalties for stealing wages, strengthening

workers’ legal protections, or enhancing the tools to crack down on wage theft. Many successful

wage theft campaigns also combine legislative advocacy with other strategies such as targeting

speciﬁc employers or whole industries through direct action or collaboration with a local enforcement

agency. This section focuses on the legislative battle, providing tips for groups navigating the passage

of legislation at the state and local level.

Laying the Groundwork for an Eective Campaign

Deﬁne your Legislative Agenda

The ﬁrst step in a legislative campaign, if you have not already done so, is to decide on the speciﬁc

policy demands that would achieve your campaign goals. For example, if your campaign goal is to

deter wage theft by cracking down on employers, you might advocate for an increase in the damages

that employers must pay when found guilty of wage theft. If you want to make it easier for immigrant

workers to stand up for their rights, you might decide to lobby for broader deﬁnitions of employer

retaliation. As mentioned in the introduction, there are excellent resources that can help you deﬁne

your policy goals. “Winning Wage Justice: An Advocate’s Guide to State and City Policies to Fight

Wage Theft” provides in-depth analysis of possible legal reforms to pursue as part of a wage theft

campaign. Also remember that wage theft legislation can include a number of policy changes within

one bill.

 Wage Theft Prevention Act, New York65

 Quadruples penalties for wage theft

 Protects workers from retaliation

 Adds enforcement tools that the US

Department of Labor (USDOL) can

use to investigate cases and collect

money owed66

 Freelance Isn’t Free Act, New York City67

 Requires contracts between freelance

workers and hiring parties that are

worth $800 or more to be

in writing

 Requires hiring parties to pay

freelance workers on or before the

date in the contract

 Protects freelance workers against

retaliation by hiring parties

 Provides freelance workers the right to

ﬁle a complaint

 Provides the right to sue in court

to seek double the unpaid amount,

damages for retaliation, damages for

failing to enter into a written contract,

and attorneys’ fees and costs68

 Wage Theft Ordinance,

Chicago, Illinois69

 Allows the city to revoke the business

licenses of employers found guilty of

wage theft70

 Cook County Wage Theft Ordinance, Cook

County, Illinois71

 Similar to the Chicago ordinance,

businesses convicted of wage theft

could risk losing their business license

and can be barred from receiving

contracts with the county and property

tax incentives for ﬁve years.72

Examples of Wage Theft Legislation:

A Practical Guide to Combatting Wage Theft

Examples of Wage Theft Legislation: (continued...)

 Wage Theft Prevention Amendment Act of

2014, Washington, D.C.73

 Increases penalties for employers who

commit wage-hour violations

 Provides anti-retaliation protections

for workers

 Establishes a formal hearing process

with enforceable judgments

 Provides for better access to

legal representation for victims

of wage theft74

 Boston Wage Theft Executive

Order, Boston75

 Establishes disclosure and payroll

certiﬁcation requirements for all

vendors doing business with the city

of Boston

 Vendors with prior wage and hour

violations may be required to post

wage bond equal to the sum of one

year’s gross wages for all employees76

 Maryland Lien for Unpaid

Wages, Maryland77

 Provides that an employee who

has not been paid all wages due and

owing may ﬁle a lien against certain

property of their employer who owes

the unpaid wages78

 California Fair Day’s Pay Act, California79

 Allows labor commissioner to place

lien/levy on employer’s property

to collect judgment, including for

attorneys’ fees

 Prevents abuse of corporate

organizational form to evade liability:

a company is liable if “substantially

the same” (1) work, conditions, and

managers or (2) operations, products,

and customers

 Creates individual liability for wage

theft violations (can place lien on

owner’s personal property)

 Oenders with outstanding judgment

must post bond to continue operating,

or face a Stop Work Order or license

revocation80

Examples of Educational Resources on Wage Theft

Legislation (found in the Appendix):

 Wage Theft Prevention Act Comparison of

Bills and Existing Law Matrix, New York

 Wage Theft Prevention Act Comparison of

Bills and Existing Law Summary, New York

 Wage Theft Prevention Act One Pager,

New York

 Carwash Accountability Act FAQ,

New York

Understand the Legislative Process

Before you launch your legislative campaign it is important to understand the legislative process in

your locality. Many of the basic components are generally the same—a bill or ordinance must be

drafted and introduced, pass through committee, be approved by the legislature, and signed by the

executive. Advocates will often identify a sponsor who will introduce and champion their proposed

legislation, and then request additional legislators to sign on as co-sponsors. Most states have two

separate legislative chambers that mirror the House and the Senate at the federal level, and legislation

must be approved by both chambers or reconciled. Cities generally have one legislative body.

Beyond these basic elements, however, there can be a great deal of variation in the rules and

technical aspects of the process. You should seek out answers to the following questions: What is

the legislative calendar? Is there a deadline early in the legislative session for introducing all bills, or

can bills be introduced throughout the session? When is public testimony permitted? How and when

Lessons from the Field

are amendments introduced? How does the budget process ﬁt in? Are there opportunities to include

substantive policies in the budget process if you can demonstrate a ﬁscal impact?

It is also important to understand the more nuanced political realities of the legislative process. For

example, can you inﬂuence which committee will review your legislation and, if so, which committee

will be most supportive? At what point in the process might your bill or ordinance get stuck in limbo?

Leverage Expertise

A good deal of relevant technical information can be found online. The New York Senate, for example,

has a website describing how a bill becomes a law,81 as does the California Senate.82

Navigating the local political waters, however, also requires information and knowledge that you will

not ﬁnd online, and relationships that take time to cultivate.

 Consider hiring a lobbyist. Many campaigns choose to work with professional lobbyists

because these individuals possess knowledge of the local political terrain and have established

legitimacy and trust with legislators. Experienced lobbyists know, for example, the staff

members of legislators, who can be as crucial to moving your bill as elected legislators.

 Lean on your allies. If hiring a lobbyist is not possible because of budgetary constraints,

your campaign will have to build its own knowledge and relationships. Anyone can do this

effectively if they put in the time and effort. You can start with your allies—unions, inﬂuential

clergy, and community organizations might all have experiences engaging with the legislature

and be able to offer unique insight and/or connect you to legislators or other insiders.

Assess Your Strengths

In any campaign, it is important to have a clear assessment of what you can win—it’s good to be

ambitious but also realistic. Your ability to get legislation passed will depend on:

1) The political landscape (the make-up of your local or state legislative body, whether there

are inﬂuential legislators willing to champion your legislation, whether you have support

from the executive, what other priorities are pending that session that may detract from

your effort or may provide cover so your bill passes without notice, etc.)

2) How much power you have (your relationship with key legislators and your ability to

inﬂuence campaign targets)

The Power Analysis is designed to help you make this assessment and should have given you a clear

sense of your ability to win a legislative campaign.

Whatever the substance of the legislative proposal—an unpaid wage lien, increased penalties for

violators, a new reporting requirement, or a combination of several different reforms—you will need

to make decisions about how comprehensive and ambitious a bill you will pursue. Some campaigns

choose to focus on narrow legislation that has the best chance of passage and could open the door

to other reforms in the future. Other campaigns pursue more comprehensive legislation that might

require a multi-year campaign, or legislation that is less likely to pass but represents longer term goals

and can help shift the public debate around wage theft and workers’ rights. Either way it is important

to assess your own power and to have a clear understanding of what you can win.

A Practical Guide to Combatting Wage Theft

Case Study:

DC’s Wage Theft Prevention Act: Determination of Political Feasibility

The campaign for the WTPA in Washington, DC followed logically on the heels of the successful

minimum wage campaign the previous year, not only because many of the same coalition members

were involved in both ﬁghts, but because the talking points from the minimum wage campaign could

be leveraged in the wage theft ﬁght. (For more information about this legislation, and the coalition

involved in its passage, see the “Building Your Coalition” section of this handbook.)

One of the minimum wage campaign messages was that current laws were not being adequately

enforced, which made space for a new conversation about the enforcement of wage theft. In

addition, the minimum wage bill passed in December of 2012 and the WTPA was introduced in

February of 2013, at which point a number of local positions were up for election. The timing of the

election, coupled with momentum from the previous wins, enabled the coalition to make wage theft a

campaign issue.

The coalition drew on a number of resources to determine that the wage theft win was politically

feasible. First, the coalition had developed knowledge of the local political landscape through prior

campaigns. In addition, one of the unions that was a member of the Just Pay Coalition had previously

conducted inside lobbying at City Hall. The coalition also worked with the legislative aide of the Metro

Washington Council AFL-CIO, who provided additional insight about political opportunities.83

Develop Your Approach

It can be helpful to deﬁne your approach from the outset of your legislative campaign because this

will impact how you communicate with legislative allies and opponents, and will shape your campaign

plan. This includes deﬁning whether you will have a predominantly “inside” or “outside” strategy.

 An outside strategy builds public pressure on legislators. It employs oppositional tactics

that demand public accountability, and usually requires signiﬁcant people power to win. When

planning your outside strategy it is worth considering how your targets, your allies, and the

general public might react; if you want to cultivate relationships with relevant legislators, you

will want to be thoughtful about how your actions affect them. However, the reality is that

oppositional tactics can be a powerful way to inﬂuence targets and advance your campaign

goals. Outside tactics might include:

 Rallies and direct actions against your campaign target

 Media coverage on a legislator’s wavering position

 “Grinch of the Year” awards to the worst employers in your area or business organizations

that have committed wage theft

 An inside strategy is a plan to introduce and champion legislation without a public campaign.

The success of an inside game depends on an understanding of the legislative process in

your city or state, knowledge of legislators’ interests and concerns, and strong relationships

with key legislators. If you do not have this knowledge and experience yourself, you might

want to connect with an experienced lobbyist or a coalition partner who does. Inside tactics

might include:

 Small meetings with legislators and regulators

Lessons from the Field

 Testifying at committee hearings

 Leveraging allies’ inﬂuence with key legislators

 Most campaigns pursue a combination inside/outside strategy. Through the strategic coupling

of inside and outside tactics, at times delivered by different “messengers,” you can use the

legislative process to champion your bill and also demonstrate the urgency of your campaign

with mounting public pressure. For example, you could line up your legislative champions and

turn out several hundred people at a public hearing.

Case Study:

The DC Wage Theft Prevention Act—An Inside/Outside Campaign

The DC Wage Theft Coalition pursued a number of inside and outside tactics to advance the WTPA

within city council. The coalition raised the issue of wage theft at mayoral candidate forums as well as

in union endorsement processes. It also met with individual council members and the Mayor’s Ofﬁce

closer to the vote. Part of the coalition’s strategy was to identify which council members the Chamber

of Commerce spoke with and reach out to them immediately to make their own position known.

Coalition members frequently dropped by council members’ ofﬁces to ensure that sure there were no

new unexpected amendments to the bill.

Some of these relationships with council members yielded key information that enabled EJC to

anticipate the opposition. For instance, EJC got a tip that a hostile amendment was going to be

raised, allowing them time to mobilize effective opposition. They also learned that a council meeting

might not reach a quorum, which would delay action on the bill. The coalition generated more than

100 turnout calls to council members, ensuring full attendance.

In addition to effectively navigating the inside strategy, the coalition organized a number of direct

actions and events to draw public attention to the issue and further elevate the voices of workers

themselves. In the initial stages of the campaign, the coalition organized “bad actor” actions to put

pressure on egregious employers. For example, coalition members held a protest at a restaurant

and issued a press release about it. This tactic led to direct negotiations with the employer and a

subsequent victory rally. The coalition also organized rallies before each major stage of the bill, all

of which were led by a committee of workers. Each rally featured some type of creative action. At

one rally, workers performed street theater about wage theft and shared their personal stories. One

member of the worker committee wrote and performed an original song about wage theft and its

impact. Finally, coalition members hosted public forums on the topic of wage theft. A council member

that attended one of the events publicly credited the event with raising his awareness about the

severity of the problem.84

A Practical Guide to Combatting Wage Theft

Building Relationships with Legislators

 Set up a meeting. The surest way to connect with a legislator is to leverage allies with

existing relationships, but making a ﬁrst contact can also be as simple as calling their ofﬁce

to schedule a meeting. Legislators often have a scheduler and, in many instances, issue

specialists. Staffers are sometimes more accessible than legislators themselves, and may

provide a good entry point. You can ask if the legislator has a staff person working speciﬁcally

on wage theft, labor issues, or workers’ rights, and request to speak with this person.

 Do background research. If wage theft has not been a very public issue in your area, you

may still be able to determine where legislators stand by examining their voting history and

public statements on related issues. For example, they may have made statements on the

minimum wage or paid sick leave that could give you a sense of their likely stance.

Make a Strong Case

 District data. Legislators will likely want to understand the prevalence of wage theft in their

district. You could produce local wage theft data using some of the methods described in the

“Research” section of this handbook. Your ability to provide district-speciﬁc data will depend

on the size of the district (for the likely impact of wage theft) or having collected enough

enforcement data to provide proﬁles of offending businesses by district.

 Worker Stories. Legislators are invariably moved by stories of constituents who have faced

wage theft and are advocating for the bill. Putting a human face on wage theft, and particularly

one of a constituent of the legislator, is a powerful way to demonstrate the human cost of

wage theft and move legislators to action.

 Polling data. Elected ofﬁcials are most inﬂuenced by their own constituency, so relevant

polling data from their districts could help to make the case that wage theft is worthy of

their attention. If polling data on wage theft is not available, data on a related issue or from a

different but comparable district could be of use. Be forthcoming about any major limitations

of your data—you are building a relationship of trust and you risk undermining that trust if you

try to stretch the truth.

 Outcomes from other jurisdictions. Evidence from other jurisdictions that have passed

similar legislation provides invaluable support for your case. If you can demonstrate positive

outcomes that have resulted from the passage of wage theft legislation—or even the absence

of negative outcomes—you might be able to temper a legislator’s potential concerns. But

beware of legislators’ tendency to dismiss models from more progressive states (New York or

California for instance) as relevant comparisons for their state and political landscape.

Get a Commitment

 Find a champion to sponsor your legislation. The ideal legislative champion is passionate

about the cause of ﬁghting wage theft and well positioned to move your legislation forward.

Finding the right sponsor might require mapping out the power relationships within the

legislature, because the person most committed to the cause is not always the right choice

if they are not able to forge the path to passage. In some instances, a junior “rising star”

legislator looking to make a “mark” for him or herself may make an excellent choice as a

sponsor. In other instances, sponsorship by a very established legislator, with extensive

Lessons from the Field

and strong relationships in the legislature, may be more useful to your campaign. Analyze

the relationship of potential sponsors to the leadership in their house and in their party, as

those relationships can have a signiﬁcant impact on their ability to move a bill. Consider, too,

the relevant staff of potential sponsors. Are they at ease navigating complicated policy? Do

they have good working relationships with the staff of key legislators you are hoping to get

as co-sponsors?

Once you have identiﬁed a champion, that person can become an invaluable partner in

deciding how to frame the issue. Should wage theft be framed as a law-and-order issue or as

an important corollary to a recently increased minimum wage? Friendly reporters can also help

you obtain a commitment from a champion by getting policymakers to commit on record at

press conferences, meetings, or events.

While a champion can help identify which angle might help move the process along

legislatively, keep in mind that this frame needs to be compatible with the campaign narrative

that you and/or your coalition have already identiﬁed.

 Offer different levels of engagement. In addition to the legislation’s sponsor, your campaign

will always beneﬁt from additional champions who will engage in heavy lifting when it comes

to the legislative process. Not every legislator will be willing or able to participate at that level,

however, so you may want to provide potential co-sponsors with a “menu” of various options

and levels of engagement.

Within the legislative process, you could ask legislators to:

 Sign on as co-sponsors of the legislation

 Organize or participate in a legislative hearing

 Reach out to other targets for co-sponsorship

Campaign activities for legislative supporters could include:

 Participating in a public forum or listening session

 Attending a march, rally, or other event

 Speaking at a press conference

 Writing an op-ed or provide a quote for an op-ed or blog post

 Engaging the issue via social media

See the Interfaith Worker Justice’s guide to organizing legislative visits.85

RESOURCES

A Practical Guide to Combatting Wage Theft

Navigating Passage

 Continue to build legislative support. You should plan to continue lobbying legislators

throughout your campaign. You might want to focus on legislators in the following categories:

 Inﬂuential legislators. Consult your lobbyist or allies with legislative experience if you

don’t already know who these people are. Keep in mind that this includes legislators with

institutional power (the speaker, committee chairs, etc.) as well as legislators who wield

inﬂuence because they have gained the respect of their peers, because they represent

swing districts, etc.

 Caucuses. Many legislatures have caucuses that might represent an important group of

potential allies (progressive caucuses, African-American and Latino caucuses, etc.).

 The committee that will review your bill or ordinance. If your wage theft bill will

go through the labor committee, for example, then you will want to meet with as many

members of that committee as possible.

 Maximize opportunities to provide public testimony. Committees often hold public

hearings as part of the legislative process. This is an important opportunity to make a

strong case for your wage theft legislation. Testimony should cover all the key elements

of your campaign narrative, and should come from a variety of voices: impacted workers,

business owners, legal experts, labor allies, and faith leaders, among others.

See the National Employment Law Project’s 2014 testimony regarding Maryland’s lien for

unpaid wages.86

RESOURCES

 Consider what might happen in negotiations. A bill or ordinance can change signiﬁcantly

as it makes its way through the legislative process. One strategy is to draft a comprehensive

bill with the assumption that some provisions may have to be removed in order to achieve

passage. Legislative campaigns can also be coupled with budget advocacy (to strengthen

wage theft enforcement, for example) and the two sets of campaign demands can exist in a

dynamic relationship, for instance if you need to negotiate something away or trade one set of

campaign demands for another.

 Be prepared to respond to amendments. When amendments to the bill are proposed,

whether by friends or foes, attempt to identify the underlying concern and to think creatively.

There could be an alternative to either the original text or the proposed amendment that

achieves the provision’s purpose and also addresses the concern.

Lessons from the Field

Alternatives to Wage Theft Legislation

Even if wage theft legislation is not feasible in the short-term, building relationships with legislators

can still have important beneﬁts for the campaign.

 A legislator could commission a local study on wage theft, producing ﬁndings that could be

used to increase public awareness.

 The executive branch (e.g., mayor or governor) may also have authority to address wage

theft, for example issuing regulations that provide for stronger enforcement or close

loopholes under existing legislative authority or issue executive orders that better protect

government contractors.

 Legislatures can also pass “message” bills and resolutions, which do not create new law but

can serve to draw media attention and build public support.

You can also pursue alternative paths to legislative reform. For example, other workers’ rights or

related bills may be moving forward that could incorporate some wage theft provisions.

The Kentucky Equal Justice Center was able to

collaborate with allies to include a treble damages

wage theft provision in the 2013 Human Tracking

Victims’ Rights Act.87 While the enhanced

penalties are only triggered when elements of

human tracking are also present, the inclusion

of wage theft claims in these cases can serve to

provide documentation and education around

the issue of wage theft, while providing actual

remedies to victims of human tracking.

Example of an Alternative to Wage Theft Legislation:

Case Study:

Maryland’s Lien for Unpaid Wages

The Maryland Lien for Unpaid Wages, which

took effect in 2013, established a procedure by

which an employee can attach a lien to the real or

personal property of an employer for the amount

of unpaid wages claimed before a ﬁnal judgment

has been entered against the employer. This lien

prevents employers from transferring or otherwise

hiding their assets in anticipation of a judgment,

or simply ignoring workers’ efforts to collect on

a judgment. For more information on Maryland’s

Wage Lien, see Maryland’s Department of Labor,

Licensing, and Regulation at dllr.state.md.us.88

The Public Justice Center’s ( PJC) 89 Workplace

Justice Project and key allies led the campaign to

pass the wage lien bill. After failing in its ﬁrst year,

Maryland’s wage lien law passed with surprisingly

A worker who recovered his wages under the Wage Lien Law.

Credit: Public Justice Center

A Practical Guide to Combatting Wage Theft

little controversy in its second year, when there were two other important workers’ rights-related

bills—minimum wage and paid sick leave—before the legislature. The fact that Maryland law already

contained 23 other types of liens aided the drafting of the legislation and helped neutralize the

opposition. The bill that ultimately passed was modeled on the pre-existing state contract lien, which

had been upheld in court as providing sufﬁcient due process to the property holder.

Numerous factors contributed to its passage. A professional lobbyist offered expert advice and

advocacy, and the bill sponsors provided effective support for the bill. After it failed to pass in its

ﬁrst year, advocates reframed the lien as comparable to a contract lien (instead of comparing it to

a mechanic’s lien, which is more cumbersome and had proven less effective the year before) and

reintroduced it in a committee that had more experience with lien laws.

Strategic steps were also taken to neutralize anticipated arguments against the bill. One such

argument was that employers might have their property encumbered by liens attached in relation to

frivolous claims. A provision was added to protect employers by allowing the court to award court

costs and reasonable attorney’s fees in the event that a claim is found to be frivolous. Advocacy

for the bill also stressed the impermanence of the lien, highlighting that it is a “temporary hold”

on property until the outcome of a dispute is decided. Just before the introduction of the bill, the

Baltimore Sun published an article about wage theft that explained the proposed wage lien and

included a quote from the Maryland Chamber of Commerce stating that law-abiding businesses are

at a competitive disadvantage when forced to compete with companies that violate wage and hour

laws. Advocates also worked with the Baltimore Sun to provide worker stories exemplifying the need

for a new tool for wage theft.

Campaign research was used effectively to support lobbying efforts. Professional polling produced

strong evidence of popular support for new wage theft remedy. Meanwhile, the Immigrant Rights

Clinic at the University of Baltimore School of Law helped research and draft a report on the scope

of wage theft in Maryland and the challenges to collecting unpaid wages. A Freedom of Information

request to the state wage and hour enforcement agency, the Department of Labor, Licensing and

Regulation (DLLR), produced statistics revealing low rates of collecting on DLLR’s orders to pay

unpaid wages. These numbers provided the basis for a forceful argument that the bill would aid both

the government and the private bar in enforcing state labor laws regarding wages and hours.

The DLLR and NELP submitted testimony in support of the bill, as did workers with powerful stories

about their experiences as victims of wage theft and their inability to collect on judgments against

their employers. Testimony emphasized that, rather than increasing litigation, the wage lien process

would encourage employers to settle claims quickly to avoid the lien and would thus reduce lengthy,

costly litigation over relatively small sums.90

Lessons from the Field

Legislative Advocacy Toolbox

Wage Theft Policies:

 “Winning Wage Justice: An Advocate’s Guide to State and City Policies to Fight Wage

Theft,” National Employment Law Project

Wage Theft Legislation:

 Wage Theft Prevention Act, New York

 Freelance Isn’t Free Act, New York City

 Wage Theft Ordinance, Chicago

 Cook County Wage Theft Ordinance, Cook County

 Wage Theft Prevention Amendment Act of 2014, Washington, DC

 Boston Wage Theft Executive Order, Boston

 Maryland Lien for Unpaid Wages, Maryland

 California Fair Day’s Pay Act, California

Examples of Educational Resources on Wage Theft Legislation (found in the Appendix):

 Wage Theft Prevention Act Comparison of Bills and Existing Law Matrix, New York

 Wage Theft Prevention Act Comparison of Bills and Existing Law Summary, New York

 Wage Theft Prevention Act One Pager, New York

 Carwash Accountability Act FAQ, New York

Wage Theft Provision:

 Human Trafﬁcking Victims’ Rights Act, Kentucky

Navigating Passage:

 “How to Organize a Delegation,” Interfaith Worker Justice

 Testimony on Maryland Wage Lien, National Employment Law Project

 How a Bill Becomes a Law in New York, New York Senate

 How a Bill Becomes a Law in California, California Senate

RESOURCES

A Practical Guide to Combatting Wage Theft

Implementation:

Strengthening

Enforcement

Lessons from the Field

As wage theft campaigns succeed in increasing the legal consequences for employers who break the

law, the successful enforcement of new laws or policy is equally critical.

In recent years, advocates have begun to analyze and collect best practices in agency enforcement

efforts against wage theft. 91 For example Just Pay: Improving Wage and Hour Enforcement at the

United States Department of Labor, developed by NELP for the Just Pay Working Group, offers

recommendations for improvements to the USDOL.92 (The Just Pay Working Group was a 2009

national convening of worker centers, unions, local ofﬁcials, academics, and attorneys with expertise

on wage theft issues.) The USDOL and state departments of labor have also funded studies and

audits aimed at evaluating and making recommendations regarding enforcement practices.93

It is important to consider these best practices because relatively minor adjustments in agency

practice can yield dramatic improvements in their effectiveness and increased recovery of stolen

wages. This section shares some considerations from the ﬁeld that can inform ongoing enforcement

efforts and tips for how to think about equipping our state enforcement agencies with the tools,

strategies, and resources needed to be effective.

One note of caution: state enforcement systems vary greatly across the country and are dependent on

the local context, which includes the existing structure of the state’s wage and hour laws, the resources

available, the existence of community-based organizations that can support enforcement, and the

political climate. In other words, administrative reforms necessary in New York, for example, which has

a relatively large investigatory staff, may not make sense for a state with a smaller agency staff.

Budget Advocacy

Strong enforcement of wage and hour laws is often hindered by the limited resources available to

government enforcement agencies. Budget advocacy can be crucial during a wage theft legislative

campaign, and as a new wage theft law takes effect. Some budget proposals for additional

enforcement funding include:

 Increasing the state budget for investigators

 Increasing the number of investigators speciﬁcally dedicated to wage theft

 Directing ﬁnes back to enforcement agencies (Note that this has a potential disadvantage,

if legislators point to this source of revenue as a reason not to ensure stable funding from

general funds.)

 Authorizing enforcement agencies to collect investigatory and enforcement costs from

employers found to have violated the law

If your campaign decides to advocate for additional resources for wage theft enforcement in your

state or local budget, it is important to understand the relevant budget process. Like the legislative

process, the budget process varies from place to place. However, generally speaking, the process

begins when the executive proposes a budget, which is often followed by budget hearings and other

opportunities to apply public pressure, and then, after a series of negotiations, the legislature passes

a budget. Also similar to the legislative process, technical information about the budget calendar and

approval process can likely be found online, although inside information from allies, advocates, or

lobbyists who are familiar with the political reality of the budget can be just as important.

A Practical Guide to Combatting Wage Theft

Local institutions may have knowledge of, and experience with, this type of budget advocacy. The

Advocacy Institute, for example, supports the legislative advocacy of social justice and movement-

building organizations in New York City and State, and has excellent resources regarding the budget

and how it intersects with the legislative process. For instance, their 2015 legislative and budget

maps (available in the Appendix) can serve as models for the type of information you will want to

collect for your own state’s process.

Additional examples of budget advocacy resources in New York State, California, and

Washington DC:

 “A School Board Member’s Guide to the New York State Budget Process,” New York

State School Boards Association

 “Inﬂuencing the Budget in California,” Bolder Advocacy

 “Budget Toolkit,” DC Fiscal Policy Institute

 Just Pay Coalition Budget Hearing Talking Points in the Appendix, Washington, DC

(see Appendix)

 DC Employment Justice Center’s 2013 Oversight Testimony on the Department of

Employment Services, Washington, DC (see Appendix)

RESOURCES

Improving Agency Practice

There are often numerous ways to ensure more effective enforcement of new wage left laws that do

not require further legislative action, but only changes to how enforcement agencies approach their

work. As coalitions shift from the ﬁght to win a law to the work of monitoring implementation and

enforcement, it is important to track how the enforcement agency (typically a department of labor)

is interpreting and using the new policies. Below are several ways that agencies can maximize their

impact within their existing authority.

 Targeted and proactive enforcement. Agencies can increase their impact by targeting the

industries with the highest rates of violations, and reaching the workers who are most likely to

suffer violations but who may be least likely to come forward. Agencies can:

 Identify industries with high violation rates by consulting with labor advocates and

other labor standards enforcers (ensure the agency has the authority to do afﬁrmative

investigations without waiting for a complaint)

 Conduct unannounced sweeps of particularly egregious employers, or of entire regions

or industries

 Identify high-level priorities (for example cases where large numbers of workers are

involved, or priority violations, such as cases that include retaliation) and create a task force

for these high-priority cases

 Conduct workplace-wide investigations, rather than simply resolving a single worker’s

complaint (conﬁrm that there is legislative authority for the agency to do this)—this both

protects claimants from retaliation, while increasing the pressure on employers to comply

rather than face increased ﬁnes

Lessons from the Field

 Accessibility to low-wage workers. Agencies can take many steps to increase

their accessibility to workers most at risk for abuse, but often least likely to come forward.

Agencies can:

 Ensure quality translation for limited English proﬁcient claimants and translation of all

relevant forms into the most common languages for that state

 Provide ofﬁce hours on some evenings to make the agency more accessible to low-wage

workers who often cannot ﬁle complaints during regular business hours

 Train investigators to understand the challenges facing low-wage workers (e.g., lack of pay

stubs or documentation of wages)

 Maximizing agency impact. Agencies can take a number of steps to maximize the impact of

their work in the context of limited resources. They can:

 Assess the full range of ﬁnes and liquidated damages against egregious employers, to

increase the incentives for employers to comply at the outset (e.g., ﬁnes for record keeping

violations or falsiﬁed records, rather than just ﬁnes for wages owed)

 Investigate for the full statute of limitations period

 Cross-refer cases to other agencies (an employer who is underpaying workers is also likely

to be skirting health and safety laws, falsifying workers’ compensation coverage, violating

health and environmental codes, etc.)

Case Study:

Increasing Private Enforcement While Increasing Revenue in California

California has taken some novel approaches to encouraging private enforcement, increasing agency

revenue, and contracting community organizations to expand worker education and judgment

collection operations.

The Problem

As is true nationwide, wage theft claims in California have an abysmal rate of collection. A study

conducted by the NELP and the UCLA Labor Center, called “Hollow Victories: The Crisis in Collecting

Unpaid Wages for California Workers,” found that from 2008 to 2011 only 17 percent of claims for

back pay and penalties awarded by the Division of Labor Standards Enforcement (DLSE) were ever

collected in California.94 Only $42 million of the more than $282 million in awards for unpaid wages

issued by DLSE were ever collected from employers.95 Lawyers and collections agencies often refuse

to take on these claims because the potential pay–out simply does not compensate for the resource-

intensive procedures involved, nor the low likelihood of success.

The Solution: Encouraging Private Enforcement While Increasing Revenue

Most state agencies that enforce workers’ rights are too underfunded to conduct comprehensive and

timely investigations of all complaints, leaving some workers waiting months or longer for assistance.

Lack of resources also prevents agencies from vigorously litigating suspected violations, forcing them

to settle complaints for amounts unlikely to deter future lawbreaking. California’s Labor Code Private

Attorney General Act of 2004 (PAGA) was enacted to help ﬁll this gap in government enforcement

capacity and provide an avenue for worker-initiated enforcement outside the wage and hour claims

procedure. Under PAGA, an employee is essentially deputized to sue for penalties that could previously

A Practical Guide to Combatting Wage Theft

only be recovered by a state agency such as the Labor Commissioner or the Attorney General. Acting

as a private attorney general, the employee can ﬁle a suit pursuing civil penalties on behalf of the

California Labor and Workforce Development Agency (LWDA). Importantly, PAGA suits can pursue

penalties on behalf of other current or former employees of the employer, not just for the plaintiff, in a

“representative action” that does not require the extensive procedural litigation of a class action.96

If penalties are awarded beyond the damages owed to the workers (for example, their unpaid

overtime), the employees receive 25 percent of those ﬁnes and must turn the other 75 percent

over to the LWDA. PAGA speciﬁes that the funds turned over the LWDA are earmarked for the

enforcement of labor laws and the education of employers and employees and should “not supplant

the funding to the agency for those purposes.”97 In other words, funds collected from PAGA suits

should increase the agency’s resources but not replace public funding. Importantly, PAGA provides

attorney’s fees to the employee in the case of a successful suit, thus creating an incentive for

attorneys to represent employees in PAGA cases.

By providing a default penalty for all labor code violations of $100 per aggrieved employee per pay

period (double for repeat violators), PAGA dramatically increased the potential consequences of

violating the law, prodding employers to take Labor Code compliance more seriously. It has also

been construed to permit recovery for wage orders, including historically under-enforced health and

safety standards such as California’s “suitable seating” requirement.98 Since its enactment, PAGA has

been amended to prevent plaintiffs from recovering for inadvertent technical violations of notice and

paystub requirements, allow employers an opportunity to cure certain less serious violations, increase

LWDA oversight of PAGA cases, and authorize judges to reduce penalties where appropriate. These

modiﬁcations addressed employer grievances about “abuse” of PAGA by the plaintiffs’ bar (attorneys

who represent workers in suits against employers), while preserving the core elements that have

made PAGA a powerful tool in enforcement of workplace rights.

The Solution: Collaboration with Community Groups

California’s Labor Commissioner has used some of its increased resources to contract with non-

proﬁts to provide worker education and to aid workers in collecting from employers under outstanding

judgments in ways that may provide a model for other jurisdictions facing similar challenges.

In January 2013, the Labor Commissioner contracted with the Wage Justice Center, a non-proﬁt

organization in Los Angeles supported by law-student and attorney volunteers with extensive

experience with collections actions against employers. Their aim was to collect on outstanding

judgments issued by the DLSE. The Wage Justice Center uses innovative legal strategies—

including regular mechanics’ liens clinics, which have succeeded in collecting on 85 to 95 percent

of judgments—to collect on awards and to pursue bankrupt businesses, businesses that have been

fraudulently transferred to another corporate entity, and employers who never actually had sufﬁcient

funds to pay the employees they hired.99

This contracting of enforcement functions to worker centers or other advocacy organizations with

extensive knowledge of workers, employers, and patterns of wage theft may prove a useful trend

moving forward. To be certain, organizations with trusting relationships in worker communities are

well-positioned to provide access to education and other services in settings and with an approach

more attuned to workers’ needs and concerns.

Lessons from the Field

Case Study:

When Collaboration Doesn’t Work: Leveraging Litigation Against the Department of

Workforce Solutions in New Mexico100

Several years ago, advocates in New Mexico began to identify problems with the way the State

Department of Workforce Solutions (DWS) enforces New Mexico’s minimum wage, wage payment,

and overtime payment laws. For example, DWS did not create bilingual materials despite the large

population of Spanish-speaking workers in the state. In addition to corresponding solely in English,

the agency gave workers only a ten-day window to respond to agency communications about their

claims, leaving little time for workers to obtain translation services needed to pursue complaints.

Advocates and worker center partners soon discovered that cases were being closed for reasons

beyond a lack of language access and that DWS had established a number of internal policies that

were out of compliance with state law. For example, DWS was automatically rejecting complaints

when claims took place more than a year before the complaint was made, even though the law

mandated that claims can go back three years. DWS was also automatically rejecting complaints that

exceeded $10,000, claiming that workers should ﬁle these cases in court themselves. Finally, DWS

was not applying the state’s treble damages law, and instead never sought damages. Advocates

learned of these policies by representing workers in the DWS wage claim process and by ﬁling public

records requests for hundreds of case ﬁles, which demonstrated that these policies applied to all

wage claims.

In 2017, attorneys and workers’ rights organizations in New Mexico—including the New Mexico

Center on Law and Poverty and membership organizations Somos un Puebo Unido, El CENTRO

de Igualdad y Derechos, Organizers in the Land of Enchantment, and Comunidades en Accion y de

Fe—banded together in coalition to sue DWS after efforts to persuade it to abandon these policies

failed. The coalition argued that DWS’s non-enforcement policies and failure to provide language

access violated its mandatory statutory duty to investigate and enforce the wage statutes. The class

action lawsuit, which is still pending in state court, covers any worker whose case was closed under

one of the agency’s illegal policies, and seeks an order permitting any worker who has experienced

a violation to have their case reopened and investigated. DWS moved to dismiss the lawsuit shortly

after it was ﬁled, arguing that it has discretion as an administrative agency to adopt its policies.

The judge denied this motion, ruling that the wage statutes impose a mandatory duty to investigate

wage claims.

When worker cases are being closed for policy or jurisdictional reasons that appear to have no basis

in law or regulation, or when enforcement agencies refuse to provide language access in a way that

can be tied to claim closure, it may be worth investigating whether there is a violation in the agency’s

statutory duty to investigate wage and hour claims, and exploring litigation as a strategy.

See the Appendix for an example of an informational ﬂyer for workers regarding their rights

under the New York WTPA.

RESOURCES

A Practical Guide to Combatting Wage Theft

Case Study:

Collaborating with Local Enforcers in Chicago101

After a two-year campaign led by the Illinois Just Pay for All Coalition, the Illinois Wage Protection Act

was signed into law in July 2010 and went into effect in January 2011. The Act created some of the

strongest protections against wage theft nationwide.

Along with creating increased civil and criminal penalties for wage theft, the Act focused on giving

the Illinois Department of Labor (IDOL) increased authority and more effective tools for enforcement.

The Just Pay for All’s member organizations—including the Chicago Workers Collaborative, the

Latino Union of Chicago, Centro de Trabajadores Unidos, and Working Hands Legal Clinic—worked

collaboratively with IDOL to identify the main challenges to enforcement and assess how they might

be overcome.

Prior to the Act’s passage, if an employer chose to ignore IDOL, which occurred in 40 percent of

cases, IDOL’s only recourse was to close its administrative case and refer it to the state Attorney

General’s ofﬁce for enforcement. The Attorney General would then have to ﬁle a complaint in state

court and essentially begin the entire case anew, if it were to pursue the claim at all, which was

unlikely given with the large number of wage theft claims and the fact that 60 percent of all claims

were for less than $3,000. In response to this, the legislation created an administrative process to

allow IDOL to adjudicate claims of $3,000 or less administratively, and to issue default judgments,

including penalties of up to 20 percent when employers fail to respond. IDOL’s judgments in such

cases were binding and enforceable agency decisions.

The collaboration between the coalition and state agencies allowed them to draft legislation aimed

at strengthening enforcement without requiring additional agency funding. In fact, the legislation

increased agency resources by creating an earmarked fund with penalties paid by employers. The

Act also allows those workers who prefer to forego the administrative procedure to proceed directly

to state court and even to ﬁle state court claims on behalf of themselves and others similarly

situated, with those who prevail entitled to attorneys’ fees and costs.102 This further encouraged the

supplementation of IDOL’s efforts with private enforcement efforts. Collaboration with the Attorney

General’s ofﬁce informed the drafting of criminal provisions, including the inclusion of a Class 4 felony

for repeat violators.

This collaboration continued into the implementation phase. Regular meetings with IDOL helped

worker center members of the coalition to highlight worker needs and suggest effective regulatory

language. Worker centers were involved in drafting the implementing regulations which included,

for example, the right to have a representative accompany workers to investigative hearings and

default proceedings.

The coalition has continued to work closely with IDOL to ensure successful implementation and

enforcement, and has helped to educate low-wage workers across the Chicago area about how to

access the administrative process at IDOL. In 2014, IDOL’s Fair Labor Standards Division successfully

recovered more than $5.3 million in lost wages.103

This case study was adapted from a case study, “Amending the Illinois Wage Payment and Collection

Act” by Alvar Ayala of the Working Hands Legal Clinic.104

Lessons from the Field

Strengthening Enforcement Toolbox

Best Practices for Enforcement:

 Just Pay: Improving Wage and Hour Enforcement at the United States Department of

Labor, National Employment Law Project for the Just Pay Working Group

 “A Vision for Meaningful Enforcement,” Center for Popular Democracy, adapted from

the National Employment Law Project (see Appendix)

Budget Advocacy:

 Legislative and Budget Maps, Advocacy Institute (see Appendix)

 “A School Board Member’s Guide to the New York State Budget Process,” New York

State School Boards Association

 “Inﬂuencing the Budget in California,” Bolder Advocacy

 “Budget Toolkit,” DC Fiscal Policy Institute

 Just Pay Coalition Budget Hearing Talking Points (see Appendix)

 DC Employment Justice Center’s 2013 Oversight Testimony on the Department of

Employment Services (see Appendix)

Working with Community-Based Allies:

 Informational ﬂyers for workers (see Appendix)

Enforcement Challenges:

 Hollow Victories: The Crisis in Collecting Unpaid Wages for California Workers,

National Employment Law Project and the UCLA Labor Center

RESOURCES

A Practical Guide to Combatting Wage Theft

Conclusion

Across the country, vibrant coalitions are ﬁghting against wage theft and winning major victories.

They are strengthening state and local laws that protect low-wage workers from wage theft and

retaliation, while at the same time building lasting coalition infrastructures and capacities within

the community. This Handbook was intended to provide organizations committed to ﬁghting wage

theft with tools to help build stronger, more effective, and more powerful coalitions poised to win

ever-more ambitious campaign victories. As states and localities pass higher minimum wages, the

incentives for employers to skirt the law grow. So too do the incentives to “restructure” work by

turning “employees” in to “entrepreneurs” who then lose hard-won protections. It will be critical

for those committed to winning justice for low-wage workers to evolve our strategies, coalition

infrastructure, and sophistication to protect the victories we have already won, and position ourselves

to win more.

The Center for Popular Democracy operates as a hub of campaign support to a range of organizations

engaged in wage theft ﬁghts around the US. We welcome the input, lessons, and stories from wage

theft warriors, both to add to this resource, and expand the shared knowledge of allied organizations

across the country.

For more information or to solicit support, please contact Rachel Deutsch at

rdeutsch@populardemocracy.org or Tony Perlstein at tperlstein@populardemoracy.org

Lessons from the Field

Appendix I: Wage Theft Landscape Analysis

The analytic framework sketched out below is

framed for use by advocacy organizations to explore

the what, where, how and why of a potential new

campaign or initiative, and may be applied to a wage

theft campaign.

When any organization considers taking on new work

or building a new initiative, there are a number of

relevant questions to explore. Organizations can map

the current and emerging local/state landscape to

make smart decisions about where and how to focus

resources. Who is already in the ﬁeld? What legal

issues are emerging that might provide leverage?

What other powerful actors (e.g., unions) have stakes

in these issues, or have competing priorities?

This outline of questions and factors is designed to

help groups begin this type of inquiry. Of course,

this document is but a starting point – there are

likely dozens of other questions relevant to your

particular analysis.

CURRENT CONTEXT IN YOUR STATE

As a starting point, sketch out your understanding

of the current context for your organization’s

consideration of new member organizing and

expansion. Some of your initial questions should

include the following:

 What are recent relevant political and/or policy

wins or losses?

 How are politics and demographics shifting in

your state?

 What is the nature of your existing relationships

with key state-wide elected ofﬁcials?

 Who comprises your existing leader and member

base? Is your existing base primarily online, or is

it engaged in ofﬂine activity as well?

 What is the level of interest among local groups,

in particular the existing local worker centers and

unions, in expanding capacity/infrastructure to

support new worker organizing?

 What is the level of interest from the local labor

movement in tackling low-wage worker issues?

 What is the level of interest from key foundations

in building capacity and strength in your state to

help anchor state-wide progressive movement

around a variety of issues?

ORGANIZATIONAL GOALS AND/

OR INTERESTS

Throughout the overall analysis, each organization

must, of course, regularly revisit its own interest in

the substance, structure, and goals of the potential

campaign or initiative. Below are some questions to

determine possible organizational goals.

 Does your organization seek to:

 Win the change you envision to protect

workers and ensure accountability for

employers? Build the power of workers to

promote, defend, and expand their rights?

 Build the power of your organization through

the leadership and participation of workers

and members? Elevate the proﬁle of the

organization as a “key player” on the local,

regional, state, or national stage?

 Elevate the role of the organization as leader

or expert on the particular issue?

 Take advantage of strategic opportunity in

the ﬁeld?

 Reach and integrate a new constituency

within existing organizational framework?

 Build new infrastructure (i.e. a new

component to the existing organization, a

new coalition, or wholly new entity to house

the work)?

 Build new or deeper relationships with

other organizations?

 Generate resources (foundation funding,

grassroots funding, etc.)?

INDUSTRY & SECTOR ANALYSIS

New initiatives often focus on particular sectors

or industries that offer strategic advantages. (For

example, particular sectors or industries may be

growing, deeply rooted and hard to relocate, feature

rampant legal violations, etc.) Some recent worker

organizing initiatives have focused, for example,

on car washes, fast food restaurants, the logistics

industry (warehousing), domestic workers, home care

workers, and more. Whether or not an organization

intends to organize members in a particular industry,

or more broadly around issues, it is helpful to analyze

the industries in the region. Below are but a few of

the questions to consider when analyzing the region’s

economy and key industries.

Center for Popular Democracy | Wage Theft Landscape Analysis Tool (Updated July 2017)

A Practical Guide to Combatting Wage Theft

 What are the industries or economic sectors in

the region that are:

 Established and core for the region?

 Expanding and growing?

 Heavily or modestly unionized, and

by whom?

 Proﬁtable and/or have a large market

share (so have the resources to improve

conditions and wages)?

 Low wage?

 Noncompliant with minimum wage

and overtime laws, environmental

regulations, consumer protection laws,

or other existing laws?

 Are there industries or sectors in transition,

that are:

 Being privatized?

 Facing increased subcontracting?

 Shifting to use of temp agencies?

 Consolidating (e.g., banking)?

 Fragmenting?

 Are there industries that are dominated by:

 Workers of color?

 Women?

 Immigrants (documented

and undocumented)?

 Are there industries that are the subject of

existing attention or mobilization (e.g., the

ﬁnancial sector)?

 Are there industries or sectors that contract with

or do business with local or state government?

Are there potential campaigns for growing

sectors that would require an expansion of public

employee bargaining rights such as in homecare

or childcare?

Related to structural economic questions, you might

explore whether “workforce development” issues

(rebuilding career ladders in currently deskilled or

low-wage jobs, ensuring public monies are spent to

create quality living-wage jobs, etc.) offer potential

organizing, advocacy, or other hooks for work. These

issues may be tied to a particular industry, or cut

broadly across sectors in the area. In addition to

connecting to structural economic issues, a workforce

development focus may open sources of funding that

can be used to support/subsidize low-wage worker

organizing in general.

EXISTING LEGAL FRAMEWORK

Existing laws provide points of leverage in a

campaign. High-proﬁle litigation or government

enforcement actions can draw public support,

media attention, government scrutiny, and create

economic incentives for an industry to improve

industry conditions. It is helpful to consider both the

potential substantive issues relevant to an industry

or worker population as well as the strategies that

may be appropriate. Below are a number of questions

to ask as you assess substantive legal issues and

appropriate strategies.

Substantive legal issues

 What minimum wage and overtime laws

(under-payment or nonpayment of wages; being

forced to “clock out” but continue working

without pay; misclassiﬁcation of workers as

“management” or “independent contractors”

and improperly exempt from overtime pay; etc.)

are being violated?

 Is there discrimination occurring (typical

categories, as well as based on criminal records

in some jurisdictions)?

 Are there workers who could qualify for U visas?

(Undocumented workers who help government

ofﬁcials investigate an enumerated crime may be

eligible for a visa to regularize their status.)

 Has there been fraud against the government

(for example, nonpayment by employers of

payroll taxes or unemployment or workers’

compensation premiums)?

 Are there other non-labor related legal violations,

such as:

 Consumer laws?

 Tort or personal injury?

 Environmental regulations?

Strategies

 Should you pursue private litigation (either

through a legal services ofﬁce or private

law ﬁrm, or through individual actions or

class actions)?

 Should you pursue administrative advocacy?

Depending on the nature of existing legal

violations, you may be able to build a component

Center for Popular Democracy | Wage Theft Landscape Analysis Tool (Updated July 2017)

Lessons from the Field

of a campaign around advocacy with/against the

state or local enforcement agency to do a better/

more strategic job enforcing existing laws.

 Should you engage in budget advocacy?

As a piece of a campaign, it can be useful to

include budget advocacy for increased resources

to enforcement.

 How do you plan to engage press and media?

Depending on the target, public pressure through

earned media and new media can help force

a beneﬁcial settlement, align political players

against a bad actor, or push a public agency to

act on behalf of its constituents.

 How can you leverage direct action?

Engaging members and supporters in

mobilizations and direct activity to create a crisis

and force a settlement or generate additional

public attention.

EMERGING OR RIPE LEGAL ISSUES

Organizing around local or state policy changes is an

important way to build support for the changes you’re

trying to win. Below a few of the many considerations

when taking on policy work.

Scope of policy work, including state

versus city level legislation

 Which provides better tools to ﬁx the problem?

(Cities often have narrower authority than

the states.)

 Do you have the resources to mobilize at the

state level for particular legislation?

 How easy will it be to integrate worker or

member leadership in the campaign?

(For example, trips to the state capitol are

challenging for members outside of major

metropolitan areas.)

 What other potentially competing proposals are

pending that session?

Narrow vs. broad legislation

 What are pros and cons of moving legislation

targeted just to a particular industries, for

example, versus legislation that is more broadly

applicable to workers?

State-speciﬁc context

 How recently have major cities in your state

passed or amended laws in the area you

are considering?

 What legislation has been introduced and has it

moved? Why or why not?

In terms of substantive issues to consider, there are

many. Included here are a few:

Regulatory ﬁxes/enforcement

re labor standards

 Does it make most sense to pursue:

 Local wage theft regulation?

 State wage lien bill (which permits worker

to obtain a “lien” for the wages owed in the

employer’s personal or real property prior to

winning judgment in court; game-changer

on collections)?

 A state law that permits workers to sue “up

the chain”?

 Regulation of scheduling/forced part-time?

(This prevents employers from last-minute

changing workers’ schedules, which is major

problem in retail and restaurants.)

 Temp agency regulation?

 Fixes on subcontracting?

 Anti-discrimination protections for credit

history? For unemployed status?

For criminal history?

Substantive/new rights

 Do you seek to expand rights in the areas of:

 Paid sick?

 Minimum wage?

 Living wage?

 Child Care?

 Restoring a fair workweek?

Non-labor policy or legislative hooks

 Are there new policy or legislative hooks to

pursue, such as:

 Environmental regulation?

 Land use?

 Consumer protection?

Center for Popular Democracy | Wage Theft Landscape Analysis Tool (Updated July 2017)

A Practical Guide to Combatting Wage Theft

 Financial regulation?

 Corporate accountability/sunshine/

transparency for large corporate actors?

(For instance, disclosure of employment

practices for local outlets and national data

or new requirements in city or state public

beneﬁts to disclose employer and industry,

to permit data collection on extent of worker

reliance on public subsidies because of poor

wages/lack of beneﬁts.)

ALLIES AND OPPONENTS

Think through the existing landscape and potential

allies and opponents. It also might be helpful to

prioritize the relationships you want to deepen

or create. Allies and opponents might include

the following:

Allies

 Existing worker centers

 Public health advocates

 Poor people’s organizations

 Latinx organizations

 Civil Rights organizations

 Community-based organizations that organize/

mobilize a base

 Progressive political parties

 Labor (including relevant locals)

 Advocacy organizations

 Legal clinics

Opponents

 Business owners

 Business associations

 Chambers of Commerce

STRUCTURAL QUESTIONS

As you consider building new member organizing,

there will be extensive structural questions to explore,

including the following:

 Can you integrate new members into existing

base-building organization, or do you want to

build an independent “committee,” program

area, or entity to house the organizing?

 Should you integrate online and new media

organizing into membership structure and

leadership training programs?

 Do you wish to pursue joint membership with

union local and community-based organization?

 How can you structure relationships between

allied c3/c4/c5 organizations?

 Are you tracking lobbying restrictions?

 Are you considering funding restrictions on

the work?

 Are existing staff, supervision, and management

resources adequate to cover the new work and

capacity to handle growth?

 How can you best leverage your resources

(power, allies, etc.) to get what you want (i.e.

moving the state legislature)?

SERVICE PROVISION TO SUPPORT

THE ORGANIZING

It is helpful to keep in mind that there may be service-

provision opportunities to develop that can support

the organizing work.

 Are members and workers in need of:

 Legal services, either on workers’ rights

cases or more broadly (public beneﬁts,

housing, etc.)? Adult education, including

GED-prep or ESOL classes?

 Workforce development and job placement

supports, including “soft skills” courses

(resume prep, etc.) and “hard skills” (OSHA

health and safety training, technical skills for

particular types of jobs)?

 Health care access/health services,

including enrollment in public health

insurance options or potentially the creation

of health beneﬁts for members?

 Other goods and services, such as low-cost

membership beneﬁts, banking services, or

other “bundled” services for members?

Implementing a service component may be a much

larger undertaking, but may be something to consider

Center for Popular Democracy | Wage Theft Landscape Analysis Tool (Updated July 2017)

Lessons from the Field

when engaging in longer-term planning. In addition,

partnerships with existing service providers can be a

smart approach for meeting immediate needs.

FUNDING & RESOURCES

Finally, new campaigns and initiatives require

resources. Some questions to consider include:

 Can you generate resources from foundations,

unions, grassroots/individual donor programs, etc.?

 Is revenue-generation possible through

membership dues (including potential

collaboration with credit unions or local

banks to ease collection of dues)?

 Are funders interested in:

 The precise issues you want to target?

 Secondary or subsidiary aspects of the

problem? (This can give you a chance to

leverage those resources to support the

primary work--e.g., city or county funding

for adult education or legal services that

might help fund a broad worker mobilization

effort; civic engagement funding; workforce

development, etc.)

Center for Popular Democracy | Wage Theft Landscape Analysis Tool (Updated July 2017)

A Practical Guide to Combatting Wage Theft

Appendix II: WASH NY Win Theory

“Carwasheros Taking Down the Boss Man” Campaign

Win Theory Basics:

•We build citywide movement of car wash workers supported by solidarity allies – clergy, community organizations, unions, electeds – who

can disrupt the business of car washes and press employers to sign union contract.

•

We create incentives (“carrots”) for cooperative car washes to become our “high road” employers – they sign contract, and we steer

business their way (unions, taxiworkers, anyone with numerous vehicles that is willing to commit their business to signatory car washes).

•We use wage & hour violations as hammer – AG complaints & possible litigation – to make an example of some uncooperative employers

and then to pressure our primary targets to sign contract in exchange for reduction in $$$ owed.

•We add comprehensive campaign strategies to pressure uncooperative employers – hitting other businesses, financing sources, etc.

•We move legislation (presumably city-level) to add pressure, push employers to coalesce into a group we can negotiate with, and/or improve conditions

for organizing going forward (bond, registration, environmental / health & safety rules, etc.)

November December January February March & Beyond

Decide on targeting

Pull in early

solidarity allies

Prep campaign

branding &

messaging

Finalize

pledge

cards

& short

contract

Place “industry trends” story in press

once worker spokespersons in place.

Line up organizers, volunteers

materials, messaging for blitz

Identify leaders at target employers &

prep for blitz & active campaign.

C O M P R E S S I O N P E R I O D

Intensive blitz training followed by 2 week (?) Blitz –

NYCC, MRNY, RWDSU organizers & members build

citywide org & committees at target employers

If possible, make an example of non-target bad

actor employer with wage & hour case

Offer short contract to targets w/carrot

Release report on industry conditions – press

Pick a fight & disrupt business during compression

period – pickets, drop AG subpoena.

Introduce legislation

spring

Add to solidarity allies &

to “carrot” list

Add layers of pressure

on targets using

vulnerabilities

Industry report

As employers sign, steer

business to them.

Make the Road New York (2011)

Targeting matrix – our ideal target has:

•Hot worker organizing

•Legal leverage – big-$$ wage & hour violations

•The financial resources to pay for a union contract

•Locations in MRNY & NYCC’s geographic areas of strength

•Environmental – violations, bad practices to use in messaging with public and workers

•Interesting $$ stuff – political contributions, money from a specific bank that we are going after, other businesses owned that make them vulnerable

•An owner who is a good “face of evil” poster child – house in the Hamptons, unsympathetic, etc.

•Own their own equipment vs. renting

•Own their own land vs. renting

•Ownership structure – independent vs. small chain vs. big chain –

•A customer base that we can move – unions, organized community groups nearby, sympathetic community base

Make the Road New York (2011)

Lessons from the Field



AllianceofCaliforniansforCommunityEmpowerment(ACCE)—Updated2017



CampaignGoal:



DecisionMakers/Targets:(politicians,companyexecs,etc) 

PrimaryTarget:

SecondaryTargets:

1)

2)

 

PotentialPhases:BuildingOurCase&  PublicLaunchoftheCampaign  EscalatingPublicPressure  HittingtheminthePublicSettlement

BuildingOurBase&MakingitPersonal&inthePocket



KeyCompression



Month:



Members





Actions/Public

Events



Research/Policy



Community/

Allies



AllianceofCaliforniansforCommunityEmpowerment(ACCE)—Updated2017



Communications



Politics



Legal/Regulatory



Appendix III: Sample Campaign Template

Alliance of Californians for Community Empowerment (ACCE), (Updated 2017)

A Practical Guide to Combatting Wage Theft

Appendix IV: Make the Road New York WTPA

Campaign Plan

Core demand Pass the Wage Theft Prevention Act and make it law in New York.

The Wage Theft Prevention Act is a broad-reaching bill that increases

penalties for violations of existing minimum wage and overtime law;

tightens up protection for workers who are retaliated against by employers

trying to keep them from speaking up for their rights; and adds tools to

improve the ability of the DOL and courts to enforce wage and hour law.

Key provisions include:

 Increasing liquidated damages from 25% to 100% (liquidated damages

= the extra amount that workers can collect when they ﬁnally win a wage

and hour case, in addition to the original unpaid wages);

 Adding real teeth to retaliation protections –

 closing loopholes by, for example, making it illegal to threaten

employees in order to keep them from standing up for their rights

 adding a special category of damages that employers must pay if

found to have retaliated against workers for exercising their rights

 giving the Department of Labor the power to order the reinstatement

of ﬁred workers

 Giving new tools to courts and the Department of Labor to help actually

collect wages that are due so that employers found guilty of wage theft

can’t so easily hide their assets from workers.

Target 1) Sheldon Silver / Assembly Leadership

2) Senate Republicans & borderline Democrats

3) Governor Patterson

Intermediate Demands Assembly & Senate –

 reconcile the two versions of the bill that passed the Senate & Assembly,

 come to two-way agreement on something that will not draw a veto, and

bring it to the ﬂoor of both houses for a vote.

Intermediate  Susan John, Labor Committee Chair in Assembly—has substantial

inﬂuence over “ok-ing” the substance of any bill that the Assembly

leadership will bring to a vote.

Targets  Dean Fuelihan—has veto power over any problematic substance from

Assembly leadership perspective.

 David Weinstein—sta person who has been negotiating with advocates

on behalf of the Exec. Very conservative perspectives on many points +

disclaimers that he is not promising whether Paterson will sign or veto,

make it dicult to predict the Governor’s positions

 Upstate or marginal Assembly and Senate members—will help to

ease leadership fear of weakening their members who are in

conservative districts.

Make the Road New York (2010)

Lessons from the Field

Appendix IV: Make the Road New York WTPA

Campaign Plan (continued...)

Allies Steering Committee: Make the Road New York, UFCW Local 1500, RWDSU,

New York Communities for Change (NYCC), Working Families Party,

Laborers / Mason Tenders PAC

Elected Ocials and Sta:

 Assembly—Carl Heastie, sponsor; Bronx assembly members allied

with Heastie; Hakeem Jeries; Brian Kavanaugh; Jerion Aubry; Dallas

Trombley (Assembly Labor Committee sta)

 Senate—Diane Savino, sponsor; John Sampson; Kathrine Grainger &

Shelly Maier, Central Sta; Jose Peralta; Toby Ann Stavisky

Supporters:

 Business: Morton Williams Supermarket (RWDSU employer), some

supermarket owners with contracts with Local 1500, Small Business

United—a project of MRNY, NYCOSH, Drum Major Institute,

 Labor: New York State AFL–CIO (“State Fed”), SEIU Local 32bj, Hotel

Motel Trades Council, SEIU Local 1199, National Employment Law Project,

Communications Workers of America District 1

 Legal Services Providers: MFY Legal Services, Urban Justice Center—

Community Development Project

 Stimulus Alliance: Common Cause, Community Voices Heard, NYIC,

PUSH Bualo, Gamaliel, Northwest Bronx Community and Clergy

Coalition; NYCAHN (New York City Aids Housing Network)

 NYS DOL leadership

Opponents  Business Council and NFIB—the only two organizations that have

submitted memos in opposition.

 Senate Republicans—one Republican (Padavan) voted in favor of the

legislation in the Senate.

NOTE—opposition has been weak—neither organization has really dug in on the

substance of the WTPA, and both memos primarily complained of burdens being

placed on employers to provide information to employees in languages other

than English… the provisions containing those requirements have since been

substantially altered to minimize the burden on law-abiding employers; the NYS

DOL will provide all translated materials for employer’s ease of use.

Potential Allies  The Partnership for NYC (we reached out to try to get support—got no

response, but may at least be an indicator that for now the Partnership

will sit this one out.

 Business Council and NFIB could get wise and oppose the most recent

version in a more intelligent way.

Make the Road New York (2010)

A Practical Guide to Combatting Wage Theft

Campaign Strategy  Position the legislation as a “no brainer” to support—no good faith

opposition / who can oppose it besides wage thieves?? It targets

bad actors!

 Position the legislation as HELPFUL to law-abiding employers:

 Get support from small and large businesses willing to go on record—

union supermarkets, small businesses that are part of MRNY’s Small

Businesses United committee

 Be disciplined with messaging—law–breaking employers are making it

hard for responsible businesses to compete, and that we have to have

real enforcement of wage & hour law in order to create a level playing

ﬁeld for employers who want to treat their workers properly.

 Show broad labor support—

 Use UFCW Local 1500 and RWDSU to work with the State Fed to help

move the legislation, despite the fact that it may compete with other

labor priorities, like passing UI reform.

 Pull in broad coalition of labor for limited action on campaign—

memos in support, limited asks of target politicians (i.e. 32bj to get

commitment from particular targets.)

 Make sure labor support seems unanimous, even if some sectors

were less engaged—use deeply committed unions (Local 1500

& RWDSU especially) to line up CLC and other support. Work

through Laborers and our own relationships with 1199 to ensure that

construction unions, 1199 and others understand that we are in no way

complicating misclassiﬁcation-related work they have ongoing.

 Attract press attention to wage theft epidemic ($1 billion annually stolen

from workers in NYC alone; 15% of the average worker’s income stolen by

his/her employer; workers terriﬁed to come forward), resulting from low

likelihood that wage violators will be caught and tiny penalties, creating

perverse incentive: it’s cheaper to break the law and include the small risk

of getting caught into normal cost of doing business.

Current state of the

campaign

 in the ﬁnal days of June and the ﬁrst day of July, the Senate and Assembly

BOTH passed strong versions of the WTPA. Assembly and Senate sta

are working hard to reconcile the two bills, with Deb & Amy very involved

in conversations.

 Shelly Silver has indicated an interest in passing the bill—if we can come

up with a reconciled bill—after the general elections. Senate leadership

has been consistently supportive and will likely pass it if they can get

a quorum.

NOTE—opposition has been weak—neither organization has really dug in on the

substance of the WTPA, and both memos primarily complained of burdens being

placed on employers to provide information to employees in languages other

than English… the provisions containing those requirements have since been

substantially altered to minimize the burden on law–abiding employers; the NYS

DOL will provide all translated materials for employer’s ease of use.

Make the Road New York (2010)

Appendix IV: Make the Road New York WTPA

Campaign Plan (continued...)

Lessons from the Field

 Member Roles:

 MEMBER R’s—consult with other members

to determine priorities; help plan and

implement press actions, legislative visits,

post card collection, and other tactics;

participate in leadership team meetings and,

when necessary, emergency phone calls to

make key decisions during campaign.

 Needed Research and Analysis:

 Completed during early phases of campaign.

Will need to be reassessed before 2011, if

we don’t win the bill during 2010.

 Base-Building Activities:

 Mobilization for press events / protests

targeting individual employers as examples

of why we need the WTPA

 Legislative visits—in district and in Albany.

 Post card signing & collection

 Press interviews

 Leadership Development Activities (training,

ideological development, etc.)

 Legislative visit trainings

 Member-led legislative visits

 Workshop discussions in member meetings

about what we might win and why / what

we can’t win and why not

 Activities to move allies and/or

potential allies:

 Use unions to get other unions on board

 Brieﬁngs

 Use JWJ to reach upstate labor allies

 Activities to move or neutralize opponents

and/or potential opponents:

 Get ahead of small business opposition by

putting forward pro-business messaging

and allies.

 Activities to move targets:

 Get ahead of small business opposition by

putting forward pro-business messaging

and allies.

 Activities to move intermediate targets:

 Get ahead of small business opposition

by putting forward pro-business messaging

and allies.

 Direct Action and Mobilization Activities

OBJECTIVES FOR OCT & NOV

 Ramp up energy & buzz around WTPA

 Expand list of allies weighing in (upstate,

legal services providers, faith groups, etc…)

+ gather/distribute memos in support

 Generate ﬂurry of contacts by existing

allies to up the sense of urgency to pass it

this year: Legislative visits in district, Visits

to candidates, Post cards, Crew on site in

Albany the moment the legislature returns

 Send message through press that WTPA did

NOT pass and needs to this year.

 Get NY Times to do follow-up editorial (post-

general election?)

 Press events on cases that demonstrate

need for WTPA—MRNY targeted employers

+ Associated supermarkets (NYCC)

 Get 2 versions reconciled

 Facilitating 2-way negotiations between

Senate & Assembly [MRNY]

 Supporting Carl Heastie in pushing

Assembly leadership to pass something

THIS year that can become law.

 Make sure we can pass in Senate again—Pedro

Espada (MRNY members); Padavan—32bj or

building trades;

 Lobby Paterson to sign bill

 Prepare candidates / prep landscape for 2011

session—Folks who may join legislature in 2011;

Cuomo; Schneiderman

Make the Road New York (2010)

A Practical Guide to Combatting Wage Theft

WEEKLY WORKPLAN OCT & NOV

NOTES Sta Tasks Member Tasks

1Mon Oct 11–

Sun Oct 17

 Facilitate weekly call of allies—

monitor their calls & visits to

electeds & post card collection

 Determine target employers for

press events.

 Get proposed compromise

language to Assembly Labor sta

2Mon Oct. 18–

Sun Oct 24

Post cards

should start

arriving in

LOB.

 Facilitate weekly call of allies—

monitor their calls & visits to

electeds & post card collection

 Follow up with 32bj

 Reach out to elected

ocials to be included in

post–election protests

 Set up member leadership team

mtg for immediately

post–election

 Coordinate and accompany

members on Legislative visits

 Prepare for press events

post–election

District oce

legislative visits

3Mon Oct. 25–

Sun Oct 31

 Facilitate weekly call of allies—

prep for post–election press

event participation, monitor post

card (schedule next call for

post–election)

 Coordinate and accompany

members on Legislative visits

 Prepare for press events

post-election

 Prepare press advisory and

packets for press events

post–election

District oce

legislative visits

Make the Road New York (2010)

Lessons from the Field

NOTES Sta Tasks Member Tasks

4Mon Nov. 1–

Sun Nov 7

ELECTION

DAY TUES

NOV 2

Somos in P.R.

Nov 4–7

Not good

week to get

Albany’s

attention

 Facilitate post-election call of

allies—prep for post-election

press event participation,

monitor post card

 Conﬁrm members for Albany

visits when leg session resumes.

 Meet with member leadership

team to strategize post-election

 Reach out to NYTimes & Daily

News as soon as election press

dies down to try to get real

attention & follow up on NY

Times summer Op-Ed

 Draft post-vote press releases

with quotes from allies and

MRNY members

Meet with

member

leadership team

to strategize

immediately

post-election

5Mon Nov 8–

Sun Nov 14

Possible vote?

Post cards

arrive in LOB.

All principals

/ EDs of Allies

call Silver

& Sampson.

 Facilitate weekly call of

allies —monitor their calls

& visits to electeds & post

card collection

 Do turnout for Press events

 MRNY hosting 1

 participating in NYCC’s

Associated Supermarket

event!!

Be ready to visit Albany.

Resend Memos in

Support to legislators

when session resumes

Press events—

MRNY hosting

+ NYCC’s

Associated

Supermarket

event!!

Visit Albany if leg

session happens.

6Mon Nov 15–

Sun Nov 21

Possible vote

Post cards

arrive in LOB.

All principals

/ EDs of Allies

call Silver

& Sampson.

 Do turnout for Press events

 MRNY hosting another

 Participating in NYCC’s

Associated event if not

prior week

Press events—

MRNY hosting

+ NYCC’s

Associated

Supermarket

litigation ﬁling!!

Visit Albany if leg

session happens.

7Mon Nov 22–

Sun Nov 28

Thanksgiving

Week

Thanksgiving Week

8Mon Nov 29–

Sun Dec 5

Possible

session

Visit Albany? Visit Albany?

WEEKLY WORKPLAN OCT & NOV (continued...)

Make the Road New York (2010)

A Practical Guide to Combatting Wage Theft

Appendix V

An effective message—one that reaches allies, stakeholders, policymakers, elected ofﬁcials, and the

press—is key to a successful wage theft campaign. Effective messages work to persuade, to convey

a sense of urgency, highlight a crisis, and signal opportunities for action. In recent years, advocates

have developed highly effective messages that have built real momentum around worker issues:



In the Fight for $15, for example, workers mobilized to demand fairness, pitted against

mammoth corporations that could easily afford to provide a raise. In addition to drawing

attention to companies’ proﬁt margins, the Fight for $15 highlights in a deeply relatable way

what a $15 hourly wage means in the life of a fast-food worker.



Another strong example, a 2015 feature in The New York Times on nail salon workers, elevated

a number of personal stories from salon workers which vividly brought to life to the challenges

they faced as victims of wage theft.

This brief aims to help advocates leverage the growing energy around economic inequality to

generate traction on the issue of wage theft. Wage theft is the illegal nonpayment of wages and

beneﬁts workers are owed, including the failure to pay minimum wage or overtime, illegal deductions

from pay, work off the clock, or the misclassiﬁcation of employees as independent contractors.

These unlawful deductions chip away at workers’ hard-earned wages and make it difﬁcult for families

to meet their basic needs. Across the country each year, millions of workers experience wage theft.

A 2009 study by the National Employment Law Project in three major cities found that total annual

wage theft from front-line workers in low-wage industries approached $3 billion.

If these ﬁndings are

generalizable to the rest of the population, the Economic Policy Institute estimates that wage theft

costs America’s low-wage workers more than $50 billion each year.

Recently, a number of organizations have worked to identify the most promising messaging frames to

advance a strong economic justice agenda. However, these ﬁndings have not been widely circulated

among the advocates and organizations driving wage theft campaigns. This brief aims to link these

two worlds and to distill some key ﬁndings for use by advocates ﬁghting wage theft. The following

is a synthesis of best practices from several recent studies that may be adapted to ﬁt the needs of a

wage theft campaign.

Engaging the Base, Persuading the Middle, Alienating the Opposition

Two recent studies, one conducted by the AFL-CIO with ASO Communications and Lake Research

and another conducted by the Center for Community Change (CCC), also with ASO Communications

and Lake Research,

identiﬁed language for effective economic justice messaging. Both studies found

that a successful economic justice message accomplishes three simultaneous goals:



Motivates the base. A successful message resonates with those who are ready to embrace

progressive solutions as well as economic justice advocates and activists.



Convinces the persuadable. A successful message activates people’s progressive instincts and

makes solutions seem commonsense.

Best Practices for

Economic Justice Messaging

(2015)

Center for Popular Democracy (2015)

Lessons from the Field

Best Practices for Economic Justice Messaging

CENTER FOR POPULAR DEMOCRACY 2



Alienates the opposition. Conventional wisdom measures success by how much of the

opposition agree, when isolating the opposition is actually a more effective strategy.

Key Principals for Eective Economic Justice Messaging

Below are a number of key principals for effective messaging, adapted from the AFL-CIO, CCC, and

Topos Partnership.



Tell a story. Ideally, a message would open with a big picture narrative and then zoom in on a

particular individual to clearly illustrate the argument. Best practices include the following:



Make affected groups agents in their own story. Focus on removing the barriers that

impede people’s efforts to do right and thrive. Don’t focus on how people are passive

victims of poverty or position advocacy organizations as saviors.



Provide context for close-up stories. Big picture stories put policy recommendations in

context, while close-ups of individuals can attract attention but can also obscure the

broader context if broader themes are not introduced. When using close-up stories, it is

helpful to ﬁrst establish broader themes and then focus on the solutions.



Talk about the basics. Show that workers are unable to afford basic necessities.



Example: “For our communities and economy to thrive, workers need to take home all

of their hard earned wages so that they have at least enough to spend on the basics/

necessities. When employers steal wages, people can’t afford food, or to go the doctor,

or to make basic repairs. It hurts all of us, as the economy slows down.”



Provide an aspirational call to better lives that goes beyond purely ﬁnancial issues.

Embrace and lead with progressive values. For example:



Family Comes First: Every working person deserves to be paid enough to set their kids

up for a bright future.



Community: Society is at its best when every striver has the opportunity to fulﬁll

their potential.



Value Work: People’s hard work should be recognized and rewarded.



A New Venture: America is a land of entrepreneurs, but people need a secure foundation

to pursue opportunities.



Name problems in an active voice. The passive voice obscures where poverty comes from

and what can be done about it.

Make clear that economic hardship results from deliberate

policy choices

—that human action deliberately created problems and that only deliberate

human action can ﬁx them.



Example: “Proﬁtable, powerful companies have been able to use their inﬂuence to avoid

accountability when they break the law.”



Focus on the outcomes instead of policies and programs. For example, highlight “working

people take home all of the wages they’ve earned to their family,” over “new wage lien laws.”



Emphasize the role of employer. Make clear that thriving communities and a strong

economy depend on employers providing reasonable compensation for work.

Remind

people that proﬁtable companies could be better compensating their employees.

Center for Popular Democracy (2015)

A Practical Guide to Combatting Wage Theft

Best Practices for Economic Justice Messaging

CENTER FOR POPULAR DEMOCRACY 3



Be strategic when mentioning the economy. Advocates have different approaches about

the best way to discuss the economy. Some suggest that “economy boosting” messages

should take a backseat to messages focused on “helping the family,” while others believe

that showing how a policy will strengthen the economy is a useful approach. Tips for striking

a balance between the two messages include the following:



When mentioning the economy, describe it as something out of balance that we can ﬁx.



Relate the economy to thriving communities, which depend on employers providing

reasonable compensation for work.

Examples of Wage Theft Messages used by Advocates

The following wage theft messages have been used by community groups and advocates in talking

points, campaigns, and materials:

Message Best Practice

“Employers steal workers’ wages by failing to pay

overtime, failing to pay the minimum wage, taking

illegal deductions in paychecks, telling them to

work off-the-clock, calling employees freelancers

or independent contractors—or not paying them at

all.”



Emphasize the role of employer

“My boss refused to pay me my wages and tried

to lie about it, and I decided to ﬁle a claim. I had to

wait one year and ﬁve months to get my money. I

had to rely on my credit cards to survive. I had to

pay interest on those credit cards—why didn’t my

boss have to pay money on the money he owed me?

If employers had to pay interest on the money they

owed workers, they might think twice before stealing

our wages.”



Tell a powerful story from the

victim’s/worker’s perspective

“Workers suffer when they don’t get paid. Workers

in low-wage industries in the three cities of New

York, Chicago and Los Angeles lose over $56 million

per week in unpaid wages. That means bills go

unpaid, housing is unstable, and families have less

food on their tables.”



Talk about the basics.



Mention the economy

(with caution).

“Local economies also suffer when wage theft

becomes a way of doing business. Well-meaning

businesses often can’t compete with wage cheats

that shave their operating costs by breaking the law.

And the less money wage earners bring home, the

less they have to spend at local businesses, dealing

a further blow to local economies already suffering

the effects of the Great Recession.”



Emphasize the role of employer



Mention the economy

(with caution).

Center for Popular Democracy (2015)

Lessons from the Field

Best Practices for Economic Justice Messaging

CENTER FOR POPULAR DEMOCRACY 4

Words to Avoid Words to Embrace

Poor; working poor; low income Can’t make ends meet; living on the brink; working to

provide for family

Safety net Basic living standards; resources for our seniors

Entitlements Your health and retirement security

The top; the bottom Wealthiest; poorest

Unemployment rate rose CEOs ﬁred more Americans; X handed out pink slips

Workers People; mothers; fathers; servers; cooks, nurses, etc.

Working people

Gap between the rich and poor Barriers between rich and the rest of us; obstacles for those

struggling

Reform social security/Medicare/welfare/etc. Improve, enhance, shore up social security/Medicare/

welfare

We You and I

America’s children; future generations; seniors on

Medicare

“that newborn you swear already smiles”; “your mom

ﬁghting hard against cancer”

Systemic inequities Greedy few rigged the game; corporations/CEOs have taken

advantage

Fight poverty; war on poverty; casualties of poverty Barriers to success, obstacles to economic stability

Economic inequality Economy off kilter; out of balance

Good for the economy Good for families/the nation

Bargain Speak up together

Wages to raise a family on Wages to sustain a family on

Low pay is bad Get paid for the work you do

Enact these policies Change the rules

Jobs Work

Falling wages Employers denying your pay

Economic opportunity Economic stability

Economy is rigged Rules are manipulated

Eective Language from AFL/CIO and CCC Studies

Center for Popular Democracy (2015)

A Practical Guide to Combatting Wage Theft

Best Practices for Economic Justice Messaging

CENTER FOR POPULAR DEMOCRACY 5

1 “Breaking Now: New York Fast Food Workers Poised

to Make History,” The Fight for $15, accessed June 17,

2015, http://ﬁghtfor15.org/

2 Sarah Maslin Nir, “The Price of Nice Nails,” The

New York Times, May 7, 2015, http://www.nytimes.

com/2015/05/10/nyregion/at-nail-salons-in-nyc-

manicurists-are-underpaid-and-unprotected.html

3 Aditi Sen, “By a Thousand Cuts: The Complex

Face of Wage Theft in New York,” The Center

for Popular Democracy, November 2015, http://

populardemocracy.org/sites/default/ﬁles/

WageTheft%2011162015%20Web.pdf.

4 Annette Bernhardt et al, “Broken Laws, Unprotected

Workers: Violations of Employment and Labor Laws in

America’s Cities,” National Employment Law Project,

2009, http://www.nelp.org/content/uploads/2015/03/

BrokenLawsReport2009.pdf.

5 Brady Meixell and Ross Eisenbrey, “An Epidemic of

Wage Theft is Costing Workers Hundreds of Millions

of Dollars a Year,” September 11, 2014, http://www.

epi.org/publication/epidemic-wage-theft-costing-

workers-hundreds/

6 “Words that Work,” AFL-CIO, 2015

7 “Messaging for Economic Justice,” Center

for Community Change, 2014, http://www.

communitychange.org/wp-content/uploads/2014/07/

CCC-Research-Brief.pdf

8 “Words that Work,” AFL-CIO, 2015

9 Ibid.

10 “Messaging for Economic Justice,” Center

for Community Change, 2014, http://www.

communitychange.org/wp-content/uploads/2014/07/

CCC-Research-Brief.pdf

11 Ibid.

12 “Framing Checklist for Job Quality Policy

Communicators,” Topos, http://boostorbustresources.

topospartnership.com/uploads/post/attachment/130/

Framing_checklist_Boost_or_Bust.pdf

13 Ibid.

14 Adapted from “Framing Job Quality: Scheduling, Paid

Leave, and More,” Topos, April 2015, http://www.

topospartnership.com/wp-content/uploads/2015/04/

Framing-Job-Quality-Final.pdf

15 “Words that Work,” AFL-CIO, 2015

16 “Words that Work,” AFL-CIO, 2015; “Messaging for

Economic Justice,” Center for Community Change,

2014, http://www.communitychange.org/wp-content/

uploads/2014/07/CCC-Research-Brief.pdf

17 “Messaging for Economic Justice,” Center

for Community Change, 2014, http://www.

communitychange.org/wp-content/uploads/2014/07/

CCC-Research-Brief.pdf

18 “Words that Work,” AFL-CIO, 2015

19 Ibid.

20 “Messaging for Economic Justice,” Center

for Community Change, 2014, http://www.

communitychange.org/wp-content/uploads/2014/07/

CCC-Research-Brief.pdf

21 Ibid.

22 “Words that Work,” AFL-CIO, 2015

23 Adapted from “Framing Job Quality: Scheduling, Paid

Leave, and More,” Topos, April 2015, http://www.

topospartnership.com/wp-content/uploads/2015/04/

Framing-Job-Quality-Final.pdf

24 “Words that Work,” AFL-CIO, 2015

25 “Framing Job Quality: Scheduling, Paid Leave,

and More,” Topos, April 2015, http://www.

topospartnership.com/wp-content/uploads/2015/04/

Framing-Job-Quality-Final.pdf

26 “Framing Checklist for Job Quality Policy

Communicators,” Topos, http://boostorbustresources.

topospartnership.com/uploads/post/attachment/130/

Framing_checklist_Boost_or_Bust.pdf

27 “Messaging for Economic Justice,” Center

for Community Change, 2014, http://www.

communitychange.org/wp-content/uploads/2014/07/

CCC-Research-Brief.pdf

28 “Framing Job Quality: Scheduling, Paid Leave,

and More,” Topos, April 2015, http://www.

topospartnership.com/wp-content/uploads/2015/04/

Framing-Job-Quality-Final.pdf

29 NY Coalition Against Wage Theft, Accessed

December 2015, http://coalitionagainstwagetheft.

org/; As with any written material, it is important to

be attentive to the accuracy of the claims you make

and the support you have for your claims. This will be

critical if you are sued for defamation by an unhappy

employer.

30 “Worker wins her stolen wages after 1 year & 5

years,” Workers’ Action Centre, September 16, 2015,

http://www.workersactioncentre.org/updates/worker-

wins-her-stolen-wages-after-1-year-5-months/

31 “Winning Wage Justice: Talking Points on the

Need for Stronger Anti-Wage Theft Laws,”

National Employment Law Project, January 2012,

http://www.nelp.org/content/uploads/2015/03/

WinningWageJusticeTalkingPoints.pdf

32 Ibid.

33 Chart is a combination of best practices from AFL/CIO

and CCC studies.

34 Adapted from “Messaging for Economic Justice,”

Center for Community Change, 2014, http://www.

communitychange.org/wp-content/uploads/2014/07/

CCC-Research-Brief.pdf

Notes

Center for Popular Democracy (2015)

Lessons from the Field

Appendix VI: WTPA Comparison of both bills and

existing law

Make the Road New York (2010)

WageTheftPreventionActnS8380(Savino)nA10163-b(Heastie)



Currentlaw

AssemblyVersion

SenateVersion

MealBreaks&DayofRest

• CurrentLaw:Workerscango

toDOLtoenforcemealbreaks

&dayofrest-butdon’tget$$

themselves.

Privaterightofactionforemployeestoenforcerights

themselves.

Removesthisprovisionb/ctoocomplicatedin

practiceandmanyemployeesforgoodreasondon’t

wanttotaketheirmealbreaks(likerestaurant

workerswhowouldberequiredtotakemealin

middleoftheirshift)

NoticeofWageRate

• Currentlaw:Employerhasto

giveanoticeattimeofhire

includingwagerate.

Employernoticemustincludemoredetailabouthow

wagerateisset,plusinfoaboutemployeridentityand

anyonewhohas20%ownershipintheemployer.



EmployermustuseDOL-providedtranslations-DOL

musttranslateinto7languages.

Removesinfoaboutownersofbusinessb/cofriskof

vetoandcomplicationsforpubliclytraded

companies.



LetsDOLdecidehowmanylanguagesandwhich

onestoprovide-innotice.

PayStubsandPayrollRecords

• CurrentLaw:Rulesincludedin

theWTPAalreadyexist-but

arehiddeninregulations.

Employermustprovidepaystubs-likecurrently

mandatedbuthiddeninregulationsthatmany

employersdon’tknowtocheck.



Samebasicprovisions.

EmployeeRighttoInspectPayroll

Records

• Currentlaw:Norightexists

Givesemployeestherighttoinspecttheirpayroll

recordsuponrequest.

Removesprovisionbecauseofvetorisk-burdenon

responsibleemployers+concernthatemployees

withshadylawyerscandigforminorthingstosue

over.

PowersofCommissionertoRequire

AccountingofAssetsafterEmployer

DefaultsonanOrdertoComply

• Currentlaw:DOLhasno

powertodothis&hashard

timefindingassetsand

collecting$$owed.

(1) IFtheDOLfindsemployerguiltyofwagetheft;

(2) ANDtheDOLissuesanOrdertoComply;

(3) IFthetimetoappealthatOrdertoComplyhas

expiredANDemployerhasnotobeyedtheDOL’s

order…

THENDOLcanrequireemployertoshowalistingof

assets.

Sameprovision

Bonds

• Currentlaw-DOLcanrequire

employertopostbondbut

mustspendtaxpayerdollarsto

docketjudgmentincourtfirst.

BothbillsprovideCommissionerdiscretiontorequire

employertopostbondafterdefaultonorderto

comply(notafterdocketingadministrativeorderin

court,asiscurrentlyrequired).



BothbillsprovideCommissionerdiscretionto

requireemployertopostbondafterdefaulton

ordertocomply(notafterdocketingadministrative

orderincourt,asiscurrentlyrequired).



DOLInvestigationsandAdministrative

Orders

CodifiesmaintainingBothbillscodifyexistingDOL

policyofmaintainingconfidentialityoftheidentityof

BothbillscodifyexistingDOLpolicyofmaintaining

confidentialityoftheidentityofemployeeswhoare

Make the Road New York (2010)

employeeswhoaresubjectofinvestigationaslongas

possible.

BothbillscodifyexistingDOLpolicyofinvestigating

third-partycomplaintsofviolations.

subjectofinvestigationaslongaspossible.

BothbillscodifyexistingDOLpolicyofinvestigating

third-partycomplaintsofviolations.

RetroactiveClaimsofTipandMeal

Allowances

Codifiescourtdecisionsthatemployercannot

retroactivelyclaimallowances(e.g.tipormeal

allowances)againstminimumwageobligationwhen

employerfailstomaintainpayrollrecordsorprovide

employeeswagestatementsreflectingallowances.

Removesthisprovisionbecauseofriskofveto.

CalculationofUnpaidOvertime

Providesthatwhereemployerfailstoprovide

employeenoticeofovertimerate,maintainpayroll

recordsreflectingtheovertimerate,orprovide

employeewithpaystubsshowingtheovertimerate,

thecorrectovertimerateofpaywillbecalculatedby

dividingthetotalwagespaidperweekby40hoursor

actualhoursworked,whicheverisless(acalculation

resultinginahigherovertimerate).



Removesthisprovisionbecauseofriskofveto.

BurdenShifting

RemovesexistingLaborLawtextandinsertsnewtext

providingthatwhereemployerfailstomaintain

payrollrecords,employeetestimonyformstheproper

basisofcalculationabsentspecificrebuttalevidence

bytheemployer.

ReturnstoexistinglawbecauseAttorneyGeneral

andDOLhavespecificneedsforcasesinvolving

manyworkersthatmightbeaffectednegativelyby

theoriginalWTPAtext.

CivilPenaltiesforSexDiscriminationin

Pay

ClosesloopholetogiveDOLtheabilitytohandlethese

claimsthroughtheirnormaladministrativeprocess

ratherthangoingtocourt.

SameasAssembly.

LiquidatedDamages

• Currentlaw:only25%ontop

ofamountofunpaidwages

Bothbillsincreaseliquidateddamagesonunpaid

wagesfrom25%to200%incourtaction.[Seven

statesprovidefor200%liquidateddamages(AZ,ID,

MA,NM,OH,MDandME).]

Reducesliquidateddamagesto100%(double

damages)inresponsetoexecutiveconcerns.

ClassActions

• Currentlaw:noliquidated

damagesavail.inclassactions.

Providesforliquidateddamagesinclassaction

litigation.

Removesthisprovisionb/cofvetorisk.

IncreasingDamagesafterDefaultona

Judgment

Whereemployerdefaultsonpayingjudgmentfor

morethan90days,afterthejudgmentisfinal,the

SameasAssembly.

Make the Road New York (2010)

A Practical Guide to Combatting Wage Theft

WTPA Comparison of both bills and existing law

(continued...)

Make the Road New York (2010)

• Currentlaw:nopenaltyin

existinglaw

employermustpayanadditional15%additional

damagestopartiallycoverthecosttotheemployeeof

collectingonthejudgment.(Collectionsagencies

typicallycharge30-40%oftheamountcollected,

whichtheWORKERhastopay.Proposedtextisaless

aggressiveversionoftheAZrule,whichautomatically

triplesamountofjudgmentwhenemployerdefaults

for10days.

CriminalPenaltiesforFlat-out

NONpaymentofWages



Currentlaw:

• First-offensemisdemeanor

withapenaltyof$500to

$20,000,upto1yrinprison.

• 2

offense-felonywith$500

to$20,000fineandupto1

yearand1dayinprison.

Increasesthemisdemeanorfineto$2,500ortwicethe

underpayment,whicheverisgreater.



On2

offense-definesasaclassEfelonywith$1,000

fineortripletheamountofunderpayment,whichever

isgreater



Addsnewerbusinessforms(partnerships,limited

liabilitycorporations)tothelistoftypesofemployers

coveredunderthisprovision.Nootherchanges.



Addsnewerbusinessforms(partnerships,limited

liabilitycorporations)tothelistoftypesof

employerscoveredunderthisprovision.Noother

changes.



Otherwisekeepsexistinglawthesame.



CriminalpenaltiesinSenateversionsubstantially

lessseverethaninAssemblyB-print.



CriminalPenaltiesforNonpaymentof

MinimumWageandOvertime



• Currentlaw:ClassB

Misdemeanor



Increasesthemisdemeanorfineto$2,500ortwicethe

underpayment,whicheverisgreater.



On2

offense-definesasaclassEfelonywith$1,000

fineortripletheamountofunderpayment,whichever

isgreater+



Addsnewerbusinessforms(partnerships,limited

liabilitycorporations)tothelistoftypesofemployers

coveredunderthisprovision.Nootherchanges.

Closesloopholebydefiningcriminalpenalties

exactlythewaytheyaredefinedundercurrentNY

LawapplyingtoNONpayment.



CriminalpenaltiesinSenateversionsubstantially

lessseverethaninAssemblyB-print.



CriminalPenaltiesforRetaliation



• Currentlaw:

Retaliationagainstaworker

forfilingacomplaintthatheis

notgettingpaidminimum

wageorovertimeisaClassB

Movesmisdemeanorforretaliationfromthe

MinimumwagearticleintoSection215,whereillegal

retaliationisdefined.



Expandsthetypesofcomplaintsthatwillbeprotected

bythemisdemeanor,toincludecomplaintsabout

nonpaymentofwagesandallotherwage-and-hour

Retaliation--aswithAssemblyversion,

CriminalpenaltymovedfromMinimumWageArticle

toSection215.

UnlikeAssemblyversion,Senateversionleavesas

ClassBoffense(muchlowerpenalty,upto3months

prison+$500fine,perPenalLaw70.15)

Make the Road New York (2010)

misdemeanor(=3months

maxinprison+max$500fine)

• BUTaloopholemeansthatit

isNOTamisdemeanorto

retaliateagainstsomeonefor

filingacomplaintabout

absoluteNONpayment.

rights.



ChangesfromClassBmisdemeanortodefined

misdemeanorwithhigherpenalties.($500to$10,000

fineandupto1yearimprisonment)



offenseforretaliation-felony($500to$20,000

fine+upto1yearand1dayinprison)



Criminalpenalty

forfailuretoprovidenoticeofwage

rateunder§195(1),andkeeppayroll

records

• Currentlaw,butONLYfor

payrollrecords

• Misdemeanorwith$500to

$5,000fine+upto1yearin

prison.

• Secondoffense-felonywith

$500to$20,000fineand/or1

year&1dayinprison

Makessamecriminalpenaltiesalsoapplytofailureto

providenoticeofwageratethatemployersmustgive

employeesattimeofhire.

Doesnotexpandcriminalpenaltiesinthisarea.

Criminalpenaltyfordefacing

government-orderedpostingof

violations.



• Currentlaw:Notapplicable

b/cthisisanewpowerofthe

DOLprovidedbyWTPA

Misdemeanorforremovingordefacinga“tag”placed

onillegallymanufactureditemsbyDOL.

Misdemeanorforremovingordefacinganotice

postedonwageviolator’spremisesforpublic

viewing.(NoticeisauthorizedwhenDOLfindsan

employertohavewillfullyviolatedwage&hourlaw;

noticecanonlystayupfor90days.)

Note:DOLcanalsopostanoticeforemployee

viewing,butthereisnocriminalpenaltyfordefacing

orremovingit.

“Tagging”provisionnotincludedinbillbecauseof

DOLobjection.

Retaliation-Existinglawprohibits

retaliationbuthasmanyloopholes.

Closesloopholesonwhatactionsconstituteprohibited

retaliation(ex:Prohibitsthreats,prohibitsretaliation

bypeoplewhoarenottechnically“employers”but

haveactedtoterrorizeworkerswhospeakupagainst

DoessameasAssemblyEXCEPT:

DoesnotincludePresumptionofRetaliationand

prohibitionagainst“conductthatwoulddetera

reasonableworkerfromassertingrights”-because

Make the Road New York (2010)

Lessons from the Field

WTPA Comparison of both bills and existing law

(continued...)

Make the Road New York (2010)



violations,protectsemployeeswhomakereasonable

goodfaithcomplaintaboutsomethingthatturnsout

tonotbealegalviolation)



Prohibitsconductthatwoulddeterareasonable

workerfromassertingrightsprotectedunderthe

LaborLaw.



Addspresumptionofretaliationforadverseconduct

within90daysofprotectedemployeeconduct.



ProvidesCommissionerwithalltools,including

orderingreinstatement,toremedyretaliation,making

commissioner’spowermatchthatofcourts.

ofseriousriskofveto.



LiquidatedDamagesforRetaliation

• Currentlaw:None

$150adaytovictimizedworkeruntilconclusionof

violation.

Upto$10,000tovictimizedworker

WaivingRightsUnderWageandHour

Law

RightsundertheArticlecannotbewaivedorreleased

exceptpursuanttoasettlementdeemedfairand

equitablebyacourtofcompetentjurisdiction.

RemovesthisbecauseExecwantstomakesurethe

AGandDOLcansettlecaseswithoutgoingtocourts

forapproval.

TollingStatuteofLimitations

Bothbillstollthestatuteoflimitationsduring

investigationsbytheCommissioner.(Modeledafter

AZandNMlaw,Ariz.Rev.Stat§364(h)andN.M.Stat.

Ann.§37-1-5.)IncaseofdelayinDOLinvestigation

duetolackofresources,thisletstheworkerstillget

thetotalamounttheywereduewhenthe

investigationstarted.

SameasAssembly

DOLProcess

RequiresDOLtocopyclaimantonallcommunications

toemployerincludingcalculationofwagesordamages

tobeassessedfortheclaimantandbeprovidedan

opportunitytocontestthefactualbasisofthe

calculationpriortosettlementorissuancetocomply.

Removedbecauseofriskofvetoandsubstantial

fiscalimpact.

TranslationofNoticespostedby

employers

RequiresemployerstopostallDOL-requirednoticesin

anylanguagespokenbyatleast10%oftheworkforce.

Nonewrequirementsforemployers.

Make the Road New York (2010)

A Practical Guide to Combatting Wage Theft

Appendix VII: WTPA A10163-b S8380 and

Current Law

MaketheRoadNewYork/M&R

WageTheftPreventionActS8380(Savino)A10163‐b(Heastie)



1.DefinitionSection

A10163‐b§2:AmendstoexplicitlyprovidethatregulationspassedpursuanttotheLaborLaware

incorporated,byreference,toanymentionintheLaborLawof“chapter,article,section.”Overrules

NewYorkAppellateDivisiondecisioninEpifanithatheldthatanti‐retaliationprovisionsoftheLabor

Lawdonotapplytoemployeecomplaintsaboutovertime,sinceovertimeisprovidedbyregulation

ratherthanstatute.

S8380§2:SameprovisionasAssembly.



2.MealBreaksandDayofRest:StatutoryDamages

CurrentLaw:NYLLArt.5:DOLenforcesworkers’righttomealbreaksanddayofrestandassesses

penaltyfornon‐compliance.Noprivaterightofactionordamagesgotoworkerundercurrentlaw.

A10163‐b§3:Providesnewprivaterightofactionforemployeestoenforceexistingmeal/dayof

restrightsandprovidesnewstatutorydamagesforviolations.Damagesareavailabletoemployees

notexemptfromovertimeunderstatelaw.Six‐yearstatuteoflimitation.Mealbreakdamages:one

hourofpayattheemployee’sregularrateofpayforeachworkdayemployerfailstoprovidemeal

period(recoverableinclassactions).Dayofrestdamages:anextrahourofpayforeachhour

workedon7thdayofworkatemployee’sregularrateofcompensation(recoverableinclass

actions).

S8380:Doesnotincludethisprovision.



3.NoticeofWageRates

Currentlaw:NYLLArt.6,§195(1)Employermustgiveanoticeattimeofhireofwagerate.Notice

requiredinEnglishonly.Noupdatingofnoticerequiredwheninformationchanges.Nodamagesto

workerforemployer’sfailuretoprovidenotice.ContentofnoticeislefttoDOLtodetermine.

A10163‐b§§4,8

oCodifiesdirectlyinstatutetheinformationtobeincludedonwageratenotice.Requires

disclosureofnewinformation,includingemployers’“doingbusinessas”namesandaddress.

oRequiresDOLtotranslatenoticeformsintoatleast7languagesandrequiresemployertouse

suchtranslations.

oRequiresemployertoprovideupdatednoticetoemployeeonFeb.1stofeachyearandseven

daysinadvanceofanychangeininformationcontainedinnotice.

oDamages:Employeesmayrecover$50perweekthatnoticeisnotprovided,cappedat$2500.

Damagesrecoverableinclassactions.

oAffirmativedefense:employercanshow“goodcause”forfailuretoprovidenotice.

S8380§§3,7SameasAssemblyversionexceptasfollows.

oGivesDOLdiscretionastohowmanytranslationstoprovideratherthanmandatingatleast7.

ProtectsemployeragainstliabilityforanyDOLerrorsintranslation.

oRequiresemployeetoself‐identifyprimarylanguageandverifythatdidsocorrectly.

oRequires7‐dayadvancenoticeofchangesonlyifsuchchangesnotreflectedinpaystub.[Also

requiresemployertoprovideupdatednoticetoemployeeonFeb.1stofeachyear.]

oAffirmativedefense:(1)employertimelypaidallwagesdueunderlawor(2)thatemployer

“reasonablybelievedingoodfaith”thatitwasnotrequiredtoprovidenotice.

oDamages:Senateversionspecifiesthatemployeescanrecoverdamagesifemployeesarenot

providednoticewithin10daysoffirstdayofworkandifneitheraffirmativedefenseapplies



4.PayStubsandPayrollRecords

ComparisonExistingNYLaborLawS8380A10163‐bJuly7,2010Page1

Make the Road New York /M&R (2010)

Lessons from the Field

MaketheRoadNewYork/M&R

Currentlaw:NYLLArt.6,§195(3)&(4):Requirementstomaintainpayrollrecordsandprovide

paystubsalreadyexistbutarecontainedinvariousregulationsratherthaninstatute.Currently

regulationsrequireemployerstomaintainrecordsfor6years,butthestatuteitselfonlystates3

years.Nodamagespaidtoworkerforfailuretoprovidepaystubsandmaintainpayrollrecords.

A10163‐b§§4,8:Movesexistingrequirementsrepayrollrecordsandpaystubsfromregulationto

statute.Codifiesexistingrequirementthatrecordsbemaintainedfor6years.Clarifiesinformation

tobemaintained,suchashowtorecordpieceratepayments.Providesprivaterightofactionand

statutorydamageswhenemployerfailstoprovidepaystubs.Employeerecoversdamagesof$100

perweekthatviolationsoccur.Recoverableinclassaction.[Nodamagesorprivaterightofaction

forworkerwhereemployerfailstokeeppayrollrecords.]

S8380§§3,7:Samebasicprovisions,except:removesproposedlanguageconcerning

commissionedemployeessincespecificregulatoryprovisionsalreadyregulaterecordsandpaystubs

forcommissionedemployeesindetail.Damagesof$100perworkweekbutcappedat$2,500total.

Affirmativedefensetoassessmentofdamagesforfailuretoprovidepaystub:(1)employertimely

paidallwagesdueunderlawor(2)thatemployer“reasonablybelievedingoodfaith”thatitwasnot

requiredtoprovidepaystub.[Nodamagesorprivaterightofactionforworkerwhereemployerfails

tokeeppayrollrecords.]



5.EmployeeInspectionofPayrollRecords

CurrentLaw:Norightexists

A10163‐b§§4,8:Givesemployeestherighttoinspecttheirpayrollrecordsuponrequestforfull6‐

yearstatuteoflimitationperiod.Employermustcomplywithin30daysofdateofrequest.Damages

of$50perworkweektoemployee(throughcourtaction)and$50perdaytoemployee(through

DOLinvestigation),bothcappedat$2500.Recoverableinclassactions.

S8380§3:Doesnotincludethisprovision.



6.DOLInvestigations–AdministrativeProcess

Confidentialityandthird‐partycomplaints:

oCurrentlaw:NoexplicitstatutoryprovisionbutDOLpracticeistomaintainconfidentialityof

employeesduringinvestigationandinvestigatethird‐partycomplaints.Noexplicitrulere:

notificationofclaimantofcalculationsofwagesowed.

oA10163‐b§6:CodifiesexistingDOLpolicyofmaintainingconfidentialityandinvestigatingthird‐

partycomplaints.

oS8380§5:identicaltoAssemblyversion.

CopyingclaimantoncommunicationswithER:

oCurrentlaw:nostandardpracticeonadvisingclaimantofamountofassessmentduring

investigation.

oA10163‐b§10:RequiresDOLtocopyclaimantonallcommunicationstoemployerincluding

calculationofwagesordamagestobeassessedfortheclaimantandbeprovidedanopportunity

tocontestthefactualbasisofthecalculationpriortosettlementorissuancetocomply.

oS8380:RemovedprovisionduetoDOLconcernsandanticipatedfiscalimpact.

Obligationtoinvestigatecomplaintsanddiscretiontoinstitutecriminalproceedings:

oNYLLArt.6,§196(a)and(c):obligatesDOLtoinvestigateandtoattempttoresolvecomplaints

under“Article”(Art.6,nonpaymentofwages).Loophole:doesnotcontemplateinvestigationof

minimumwagecomplaints,retaliation,orothers.AllowsCommissionertoinstitutecriminal

proceedingsunder“thisarticle”–meaningonlyArt.6(nonpaymentofwages).

oA10163‐b§5:Substitutesword“chapter”for“article,”thuscoveringanykindofcomplaint

underthefullLaborLaw.

oS8380§4:Substitutesarticles5,6,7,19and19‐A,ratherthan“chapter”inplaceoftheword

“article”–thusexpandingcoveragetotypicalwageissues(retaliation,mealbreaks,minimum

ComparisonExistingNYLaborLawS8380A10163‐bJuly7,2010Page2

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wage&overtime)butnotexpandingcoveragetoentireLaborLaw(whichincludesUI,prevailing

wage,etc.).



7.TollingStatuteofLimitationsduringDOLInvestigation

CurrentLaw:none.

A10163‐b§§3,8,12:TollsSOLduringDOLinvestigationfromfilingofcomplaintbyemployee.

S8380§§7,10:TollsSOLduringDOLinvestigationfromfilingofcomplaintbyemployeeORfrom

datethatDOLinitiatesaninvestigation.



8.DOLPowertoAssessCivilPenaltiesforSexDiscriminationinPay

Currentlaw:NYLLArt.6,§197:DOLcanassesspenaltycurrentlybutonlythroughcourtaction.

A10163‐b§7:Closesloophole,allowingDOLtoassesspenaltythroughadministrativeactiontoo.

S8380§6:IdenticaltoAssemblyversion.



9.TranslationofNoticesPostedbyEmployers

Currentlaw:NYLLArt.7,§201:DOLhasdiscretiontotranslatenotices.

A10163‐b§11:RequiresDOLtotranslateallnoticescontemplatedby§201intoatleast7languages.

Requiresemployerstopostthosenoticesinanylanguagespokenbyatleast10%oftheworkforce

whenaDOL‐translationisavailable.

S8380:leaves§201unchangedfromcurrentlaw.



10.RetroactiveClaimsofTipandMealAllowances

CurrentLaw:Noexplicitstatutoryprovision.Caselawprohibitsretroactiveclaimsofmealortip

allowanceswhereemployerfailedtomaintainpayrollrecordsorprovideemployeeswagestubs

reflectingallowances.SeePadillav.Manlapaz,643F.Supp.2d302,209(E.D.N.Y.2009).

A10163‐b§§6,8,&18:CodifiesManlapazdecisiondirectlyinstatute.

S8380Doesnotincludethisprovision.



11.CalculationofUnpaidOvertime

CurrentLaw:Tocalculateproperovertimerate,youtypicallydividethetotalwagespaidbythetotal

hoursactuallyworked.

A10163‐b§§6,8,&18:Providesthatwhereemployerfailstoprovideemployeenoticeofovertime

rate,maintainpayrollrecordsreflectingtheovertimerate,orprovideemployeewithpaystubs

showingtheovertimerate,thecorrectovertimerateofpaywillbecalculatedbydividingthetotal

wagespaidperweekby40hoursoractualhoursworked,whicheverisless(acalculationresultingin

ahigherovertimerate).

S8380:Doesnotincludethisprovision.



12.BurdenShiftingonProofofWagesPaid–CourtActions

CurrentLaw:Nothinginthestatute,butcaselawmakesclearthatareasonableestimatebythe

employee,absentcrediblerebuttalbyemployer,isproperbasisofcalculationofwage.(Follows

federalMt.Clemens(Andersonetal.v.Mt.ClemensPotteryCo.,328U.S.680(1946))standardfor

burdenshifting.)

A10163‐b§§6,8:IncludeslanguageintendedtocodifyMt.Clemensstandardfromcaselaw,namely

thatemployee’s“credibletestimony”formsproperbasis.

S8380:DoesnotcontainprovisionoutofconcernthatasoriginallyproposedinSenateandinthe

formpendinginA10163‐b,couldmakelawworsebyrequiringlivetestimonyfromeveryemployee,

whichinclassactionsorlargeDOLorAGinvestigationsisnotfeasible.



ComparisonExistingNYLaborLawS8380A10163‐bJuly7,2010Page3

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Lessons from the Field

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13.BurdenShiftingonProofofWagesPaid–AdministrativeProcess

NYLLArt.6,§196‐a(a):providesthatwhereemployerfailstomaintain“adequate”records,the

employershallbearfullandunchangingburdenofprovingthewagesactuallypaid.

A10163‐b§6:Removesword“adequate”fromexistinglawandreplaceswithtextspecifying

burden‐shiftingrule,largelybasedonMt.Clemensstandard.

S8380:BasedonfeedbackfromDOLthatexistingstatutorytextisinfactstronger,asinterpretedby

BIA,Senateversionretainsstatutorylanguagefromcurrentlawanddoesnotsubstituteburden‐

shiftingtextasincludedinAssemblyversion(andoriginalSenateWTPA).



14.LiquidatedDamagesonWageClaims

NYLLArt.6,§198(paymentofwagesclaim),Art.19§663(minimumwageandOTclaim):current

lawprovides25%liquidateddamages.Notrecoverableinstate‐courtclassactionsbecause

prohibitedbyCPLR901(b).FollowingrecentSupremeCourtdecision,stateliquidateddamagesare

recoverableinstateclaimsbroughtinclassactionsinfederalcourtbecauseCPLR901(b)is

consideredaproceduralrulethatdoesnotapplyinfederalcourt.SeeShadyGroveOrthopedic

Assocs.,P.A.v.AllstateIns.Corp.,2010U.S.LEXIS2929(U.S.Mar.31,2010).

A10163‐b§§8,18:Increasesliquidateddamagesto200%.Explicitlyprovidesforrecoveryinclass

actions.RequiresDOLtoassessatleast50%liquidateddamagesineverycase.

S8380§§7,16:Increasesliquidateddamagesto100%.Doesnotexplicitlyprovideforrecoveryin

classactions.DoesnotsetminimumamountofliquidateddamagesforDOLtoassessinall

investigations.

Note:Bothversionsofbillrequireassessmentoffullliquidateddamagesinanordertocomply

issuedbyDOLpursuantto§218or§219.Assemblyversionincludestextsayingmaximumamount

available.Senateversionspecifiesexactdamagesat100%.



15.Retaliation

NYLLArt.7,§215Existinglawprohibitsretaliationbuthasmanyloopholes.Noliquidateddamages.

Loopholesincasesofretaliatorydischargeforundocumentedorlow‐wageworkers.

Undocumentedworkershaveessentiallynoremedy,sincetheyareineligibleforbackpayafter

retaliatorydischargeandineligibleforreinstatement.Low‐wagedocumentedworkersrecoverlittle

ifanythingininstancesofretaliatorydischarge,sincetheytypicallyobtainnewemploymentalmost

immediatelyandthusback‐payawardisdeminimisandreinstatementisnotrelevantremedy.DOL

lacksthepowerstoremedyretaliationthatwouldbeavailableincourt‐suchasordering

reinstatementandbackpay.

A10163‐b§12

oClosesloopholes:prohibitsthreatsofretaliationandconductthatwoulddeterareasonable

workerfromassertingrightsprotectedundertheLaborLaw.Prohibitsretaliationbecausean

employee“hasbeeninformed,orhasinformedanotherperson,abouthisorherrights”under

theLaborLaw.

oCreatespresumptionofretaliationforadverseactionw/in90daysofprotectedemployee

conduct.

oProvidesCommissionerwithalltools,includingorderingreinstatement,toremedyretaliation,

makingcommissioner’spowermatchthatofcourts.

oExplicitlydefines“employee”toincludeanycurrentorformeremployee.

oIncludesprohibitionagainstretaliationby“anyperson”–notjustthosewhomeettechnical

definitionof“employer”undertheLaborLaw(e.g.,wifeofemployer,manager,etc.).[Inclusion

ofphrase“anyperson”inadvertentlynotaddedintwoplacesinsectiondealingwithremedies

andenforcement.]

oDamages:addsnewliquidateddamagessetataminimumof$150adaytovictimizedworker.

S8380§10DoessameasAssemblyEXCEPT:

ComparisonExistingNYLaborLaw



S8380



A10163‐b



July7,2010



Page4

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A Practical Guide to Combatting Wage Theft

MaketheRoadNewYork/M&R

oDoesnotincludepresumptionofretaliation

oDoesnotspecifydefinitionofemployeetoincludecurrentandformeremployees.

oDoesnotprohibit“conductthatwoulddeterareasonableworkerfromassertingrights.”

oAmendsnameof§215from“Penaltiesandcivilaction;employerwhopenalizesemployees

becauseofcomplaintsofemployerviolations”to“Penaltiesandcivilaction;prohibited

retaliation.”

oIncludesprohibitionagainstretaliationby“anyperson”–andadds“anyperson”totwoother

placesinsectiontoclarifyintentoftheprovisionandfacilitateenforcement.

oDamages:Addsnewliquidateddamagesofupto$10,000tovictimizedworker.Because“any

person”isincludedinS8380,billexplicitlystatesthatthisnewcategoryofliquidateddamagesis

theonlyavailableremedyforretaliationbyapersonwhodoesnotmeetdefinitionofemployer.

(tomakeclearthatnon‐employerscannotbeheldliableforbackwages,reinstatement,etc.)



16.PostingNoticesofNYLaborLawViolations

Currentlaw:DOLcan“tag”goodsillegallymanufacturedinapparelindustryonly.

A10163‐b§15:Expandsexisting“tagging”powertoallgoodsmanufacturedorassembledin

violationofArt6,19or19‐A.

S8380§13:GivesDOLdiscretiontoorderemployertopostnoticesofviolationsofArt6,19or19‐A.

Noticesvisibletoemployeesonly:DOLcanorderpostingofanywageandhourviolation,max

postingfor1year.Noticesvisibletopublic:DOLcanonlyorderpostingofwillfulviolations,max

postingfor90days.



17.DOLPowertoOrderAccountingofAssetsonEmployerDefault



CurrentLaw:NYLLArt.6,§196DOLhasnopowertoobtainassetinformationtoassistwith

collectingunpaidwages.

A10163‐b§5:GivesDOLdiscretiontodemandassetinformation(bankaccounts,realproperty,

etc.)fromemployerwhodefaultsformorethan10daysonobligationtopaytheamountlistedas

dueinfinalOrdertoShowCause.Requiresemployertoautomaticallyupdateaccountingwithin10

daysofanychange.ProvidesDOLauthoritytobringactionincourttocompelcompliancewith

requestforaccounting.

S8380§4IdenticaltoAssemblyversionexcept:allowsDOLdiscretiononhowoftenandinwhat

circumstancestoorderanemployertoupdatetheaccounting(ratherthanautomaticupdates

within10daysofchange)andprovidescourtauthoritytoawardupto$10,000civilpenaltyfor

employerfailuretocomply.



18.EmployerBondsPaidtoDOL



Currentlaw:NYLLAr.6,§196:LawalreadyprovidesDOLauthoritytorequiredefaultingemployer

bondbutDOLmustfirsttakeministerialstepoffilingadministrativeorderw/countyclerkbefore

obtainingbond.

A10163‐b§5:ProvidesDOLdiscretiontorequireemployertopostbondafterdefaultonOrderto

Comply(notafterdocketingadministrativeorderincourt,asiscurrentlyrequired).

S8380§4IdenticaltoAssemblyversion.



19.IncreasedDamagesafterEmployerDefault

Currentlaw:WTPAAmendsNYLL§§198,218,219,663:Noadditionaldamagesinexistinglawfor

employerdefaults.Costsexpendedcollectingonjudgmentsmayberecoveredonlythrough

separate,subsequentlitigation.

A10163‐b§§8,13,14,18:Whereemployerdefaultsonpayingjudgmentorpayingonfinal

administrativeorderformorethan90days,afterthejudgment/orderisfinal,theemployermust

pay15%additionaldamages.

ComparisonExistingNYLaborLaw



S8380



A10163‐b



July7,2010



Page5

Make the Road New York /M&R (2010)

Lessons from the Field

MaketheRoadNewYork/M&R

S8380§§7,11,12,16:Senateversionprovidessamesubstantiveprovisionbutspellsoutingreater

detailthemechanismofhowtheadditionaldamageswillbeincluded.



20.Non‐WaiverofWageandHourRights

CurrentLaw:noexplicitprohibitionofemployee’sabilitytowaiverightsabsentcourtreview.

A10163‐b§§8,18:ProvidesthatrightsundertheArticlecannotbewaivedorreleasedexcept

pursuanttoasettlementdeemedfairandequitablebyacourtofcompetentjurisdiction.

S8380:Doesnotincludethisprovision.



21.ArbitrationFairnessAct

CurrentLaw:noexplicitprohibitionofsigningpre‐disputeagreementtoarbitratewageclaims.

A10163‐b§15:explicitlyprohibitspre‐disputeagreementstoarbitratewageclaimsexceptas

containedinavalidcollectivebargainingagreement.

S8380:Doesnotincludethisprovision.



22.CriminalPenalties:NON‐paymentofwages.

CurrentLaw:NYLLArt.6,§198‐a:firstoffensemisdemeanorwithfineof$500to$20,000andupto

1yrinprison.Secondoffense:felonywith$500to$20,000fineandupto1yearand1dayinprison.

A10163‐b§9Increasesexistingcriminalpenaltiesfornonpaymentofwages:Firstoffense:increases

minimummisdemeanorfineto$2,500ortwicetheunderpayment,whicheverisgreater.Leaves

misdemeanorjailtimeunchanged.Secondoffense:changesexistingfelonytoaclassEfelony,

increasingminimumfineto$5,000ortripletheamountofunderpayment,whicheverisgreater.

Felonyjailtimeincreasedtominimum3yearsandmax4years(NYPenalLaw70.70).Addsnew

corporateformstolistofcoveredentitiestoensure,forexample,equaltreatmentofLimited

LiabilityCompanies(newerbusinessform)andCorporations(alreadycovered).

S8380§8Doesnotalterexistingcriminalpenaltiesfornonpaymentofwages.Addsnewcorporate

formstolistofcoveredentitiestoensure,forexample,equaltreatmentofLimitedLiability

Companies(newerbusinessform)andCorporations(alreadycovered).



23.CriminalPenalties:NonpaymentofMinimumWageandOvertime

Currentlaw:NYLLArt.19,§662:Non‐paymentofminwageorovertimeunderArticle19isClassB

misdemeanor:max3monthsinprison+max$500fine.Note:criminalpenaltyfornonpaymentof

minimumwageunderArticle19isnotparalleltocriminalpenaltyfornonpaymentofwagesunder

Article6.

A10163‐b§17:Increasescriminalpenalties:Firstoffense:minimumfineincreasedto$2,500or

twicetheunderpayment,whicheverisgreater;maximumjailtimeincreasedtooneyear.Second

offense:providesnew2ndoffensedefinedasaclassEfelonywith$5,000fineortripletheamountof

underpayment,whicheverisgreater.Newjailtimeminimum3yearsandmax4years(NYPenalLaw

70.70).

S8380§15:Makesthepenaltyfornonpaymentofminwage/OTunderArticle19matchcriminal

penaltiesprovidedundercurrentNYLL§198‐afornonpaymentofwagesunderArticle6.



24.CriminalPenalties:Retaliation

Currentlaw:

oNYLLArt.7,§215:existinganti‐retaliationsectiondoesnotincludecriminalpenalties.

oNYLLArt.19,§662:ClassBmisdemeanorforemployerretaliationagainstworkerforcomplaint

ofnonpaymentofminwageorOTunderArticle19.Max3monthsinprison+max$500fine.

oNYLLArt.6:loophole:noexistingcriminalpenaltyforretaliationagainstemployeeforcomplaint

ofnonpaymentofwagesunderArticle6.

ComparisonExistingNYLaborLawS8380A10163‐bJuly7,2010Page6

Make the Road New York /M&R (2010)

A Practical Guide to Combatting Wage Theft

MaketheRoadNewYork/M&R

ComparisonExistingNYLaborLaw



S8380



A10163‐b



July7,2010



Page7

A10163‐b§12:MovescriminalpenaltyforretaliationfromArt.19(minimumwage/OT)toSection

215,whereillegalretaliationisdefined.Thismoveexpandsthetypesofretaliationcriminally

prohibitedtoincluderetaliationagainstworkerscomplainingaboutnonpaymentofwagesand

exercisinganyotherwage‐and‐hourrights.Increasescriminalpenaltiesfromexistinglaw:First

offense:$500to$10,000fineandupto1yearimprisonment.Secondoffense:felony($500to

$20,000fine+upto1yearand1dayinprison).

S8380§10AswithAssemblyversion,criminalpenaltiesforretaliationmovedfromArticle19to

Section215.Penalties:Senateversiondoesnotchangethecriminalpenalties–leavesasClassB

misdemeanoranddoesnotprovidesecond‐timefelonyoffense.



25.CriminalPenalty:Record‐Keeping&NoticesViolations

Currentlaw:NYLLArt.6,§198‐aprovidescriminalpenaltyforfailuretomaintainpayrollrecords.

CurrentlawdoesNOTprovidecriminalpenaltyforfailuretoprovidenoticeofwagerateattimeof

hireunder§195(1).

A10163‐b§§9,17:Extendsexistingcriminalpenaltiesundersectiontocriminalizefailuretoprovide

employeeswithnoticesofwagerates:Firstoffense:misdemeanor,$500to$5,000fine+1yrin

prison.Secondoffense:felony,$500to$20,000fineand/or1yr+1dayinprison.

S8380:Doesnotexpandcriminalpenaltiestocovernon‐provisionofwagenotices.



26.CriminalPenalty:DefacingDOL‐PostedNoticesofViolations

CurrentLaw:Noexistingprovisionsb/cDOLnoticesatissueareauthorizedundernewprovisionsof

theWTPA.

A10163‐b§15ProvidesDOLauthorityto“tag”goodsthatareillegallymanufacturedandprovides

misdemeanorforremovingordefacinga“tag”placedbyDOL.

S8380§13ProvidesDOLauthoritytoorderemployertopostnoticesofwillfulviolationsfor90days

forpublicviewing.Misdemeanorforremovingordefacingnotice.Note:DOLisalsoauthorizedto

orderemployertopostanoticeofviolationsforemployeeviewing.Nocriminalpenaltyfor

removingordefacingthatcategoryofnotice.



Make the Road New York /M&R (2010)

Lessons from the Field

Appendix VIII:

WTPA Overview as Signed into Law

The Wage Theft Prevention Act:

Historic Labor Law Reform in New York

State S8380 (Savino) / A11726 (Heastie)

The Wage Theft Prevention Act was drafted by Make

the Road New York’s litigators based on over a dozen

years’ experience ﬁghting wage theft through worker,

consumer, and small business organizing, combined

with litigation, government agency monitoring, and

innovative partnerships with the Department of

Labor and Ofﬁce of the NYS Attorney General. On

March 9, 2010, Assembly member Carl Heastie of

the Bronx, and Senator Diane Savino of Staten Island

and Brooklyn simultaneously introduced the 26-

page piece of legislation in their respective houses.

Despite its length and technicality, the WTPA made

its way through the state legislature with almost

unprecedented speed. It passed the Senate on June

30, 2010 and the Assembly on November 30, 2010

and was sent to Governor Paterson for a signature on

December 1, 2010. On December 9, 2010, Governor

Paterson signed the WTPA into law.

It took effect April 9, 2011.

The Need

Wage theft has reached epidemic proportions in

New York State. In New York City alone, nearly

$1 billion is stolen from low-wage workers every

year—15% of the workers’ annual incomes. Worst,

wage theft is rampant in some of the state’s fastest

growing industries.

Wage theft harms not just working families, but also

the businesses that pay their employees properly,

and suffer a competitive disadvantage as a result.

Law-abiding employers struggle to stay aﬂoat,

while the competition gains an edge by not paying

minimum wage and overtime—and typically

not paying into the unemployment or workers’

compensation insurance systems.

Shockingly, New York State has lagged behind dozens

of other states—including Arizona—in punishing

wage thieves and protecting workers from abuse.

But this year, New York State passed comprehensive

reform to stem the tide of wage theft. A broad

coalition of community groups, labor unions, business

leaders, worker advocates, and elected ofﬁcials came

together to push comprehensive labor law reform

through the Legislature in a mere nine months. With

the passage of the Wage Theft Prevention Act, New

York is poised to become the national leader in the

ﬁght against wage theft.

The Wage Theft Prevention Act:

1) Finally puts a real price tag on wage

theft violations to turn around the

perverse incentives that have been

pressuring businesses to break the law;

2) Protects workers with the courage to

stand up and blow the whistle on wage

theft; and

3) Provides courts and the Department of

Labor new tools to help ensure that

employers found to be violating the

law actually pay the money they owe

their workers.

A REAL PRICE TAG ON

VIOLATIONS: INCREASING THE

INCENTIVES TO COMPLY

 The WTPA ﬁnally implements “double

damages” for wage theft in New York State

so that wage thieves who are caught have

to pay double the original amount of the

stolen wages. Under current law, employers

found to have stolen wages must pay back

the wages owed—plus a mere 25% more as

“liquidated damages” that go to the aggrieved

workers. Damages so low create no incentive

against violations—employers build in the small

chance of getting caught in to the “cost of

doing business.” The WTPA quadruples the

liquidated damages that wage thieves must

pay—a real price tag to deter violations.

 Stopping the clock. Currently, workers who

ﬁle claims with the DOL often must wait years

before a ﬁnal decision, as large case backlogs

slow the progress of investigations. If errors

or lack of investigative resources during the

DOL case result in a settlement for less than

what the worker is actually owed, current law

lets workers go to court to claim the rest. But

by law in NY workers can only claim wages

Make the Road New York (2013)

A Practical Guide to Combatting Wage Theft

going back six years from the time they ﬁle a

court case—so workers lose the time (often

years) that they spent waiting during the agency

process. The WTPA “stops the clock” during the

DOL investigation, so that if necessary, workers

will be able to recover the full amount of what

they’re owed.

 Spot light on the worst abuses. The public

has long had the right to view local businesses’

health and sanitation violations. But unscrupulous

employers have been able to keep their wage

theft under wraps. The WTPA grants the DOL

the power to order wage thieves to post notices

at their place of business, advising the public

and/or employees of proven wage violations.

These postings deter future violations, and

encourage entire industries and geographic

regions to come in to compliance.

PROTECTING WORKERS WHO

BLOW THE WHISTLE ON ABUSE

 The WTPA explicitly prohibits employers

from threatening workers who stand up for

their rights. Smart wage thieves know a well-

timed threat to ﬁre workers is often all that’s

needed to silence dissent. Under old law, threats

did not clearly count as illegal retaliation.

 The WTPA prohibits everyone from

retaliating against employees who blow

the whistle on violations. Previously, the law

did not protect employees against retaliation

by individuals who don’t meet the technical

deﬁnition of an “employer” under the law. Thus,

when the employer’s accountant, wife, or cousin

retaliated against a worker when he tried to

collect his wages, the courts and the Department

of Labor couldn’t do anything about it.

 The WTPA makes clear that workers do

not have to cite to the law—any good faith

complaint of conduct that the employee

reasonably believes is illegal will be

protected against retaliation. Low-wage

workers often don’t know the technicalities

of the labor law. Incredibly, a New York court

recently ruled that workers must cite particular

sections of the law when complaining of

violations to be protected from retaliation.

 The WTPA gives the DOL the tools it needs

to prevent and remedy retaliation when it

occurs, including ordering reinstatement

of ﬁred workers, damages, and restoration of

seniority and beneﬁts. Most low-wage workers

go to the Department of Labor for help—rather

than ﬁling in court. However, under the old law,

the DOL did not have the same powers that a

court had to remedy retaliation.

 The WTPA ﬁnally compensates victims

of retaliation with money damages that

will make employers think twice about

trying to make a wage claim go away by

intimidating workers. The WTPA provides that

victims of retaliation will receive up to $10,000

in a new type of liquidated damages. Old law

provided limited damages that were not well-

tailored to compensate victims. For example,

low-wage workers scramble to get a new job

immediately—since a day without work can

mean not meeting the rent that month. For a

worker who ﬁnds another low-wage job within a

few days, an award of “lost wages” for their time

out of work would be minor—often less than

$100. $100 does nothing to compensate workers

for a traumatic experience, and does even less

to deter employers from ﬁring one person as an

effective strategy to silence an entire workforce.

SHOW ME THE MONEY: MAKING

SURE WAGE THIEVES PAY WHAT

THEY OWE

Winning unpaid wage cases is the easy part; tracking

down the assets to actually collect what is owed is

not. The worst wage thieves hide assets to evade

having to pay. The WTPA addresses the problem in

several ways.

 The WTPA gives the DOL the authority to

collect asset information on employers found

in violation—and take recalcitrant employers to

court if they refuse to give it.

 Under the WTPA, the DOL will have the power

to order violators to post bonds to cover the

wages found due during the administrative

process when appropriate—guaranteeing that

there’s in fact money at the end of the day to pay

workers the wages they’re owed.

Make the Road New York (2013)

Lessons from the Field

 The WTPA provides for an automatic 15%

increase in the total amount of a judgment if

the employer fails to pay within 90 days.

 The WTPA allows the DOL to issue orders

for unpaid wages directly in the name of the

worker owed the money, allowing workers to

work to collect the money they’re owed.

CLEAR RULES; CLEAR

CONSEQUENCES

New York Labor Law is complex, with many of the

critical rules that employers must follow buried in the

regulations, rather than directly in the text of the law

itself. The WTPA spells out, in the law itself,

the employer’s obligations to keep records,

give notices to workers of their rights, and

the repercussions to an employer if the rules

aren’t followed.

 The WTPA clariﬁes an employer’s obligations to

keep payroll records and corrects inconsistency

between the statute and regulations as to how

long employers must retain payroll records.

 The WTPA cleans up the rules for providing

employees with pre-employment notices of their

wage rates and with periodic paystubs. New

damages, capped at $2,500 per worker, puts

real teeth in these requirements. Employers

now will also be required to provide DOL-

created translations of pre-employment wage

rate notices, ensuring limited English proﬁcient

workers also get real information about their jobs.

Key Supporters of the Wage Theft

Prevention Act Include:

Make the Road New York  MFY Legal Services,

Inc.  Small Business United  Morton Williams

Supermarkets  UFCW Local 1500  Retail,

Wholesale & Department Store Union (RWDSU) 

The Working Families Party  New York Communities

for Change  The National Employment Law Project 

New York State AFL-CIO  The New York City Council

 32BJ SEIU  New York Hotel & Motel Trades

Council  1199 SEIU  New York Jobs with Justice /

Urban Agenda  NYCOSH  Drum Major Institute for

Public Policy  New York Stimulus Alliance NYC Aids

Housing Network / VOCAL  New York State Trial

Lawyers Association  Urban Justice Center

Make the Road New York (2013)

A Practical Guide to Combatting Wage Theft

Appendix IX:

Car Wash Accountability Act FAQ 2014

Q&A: The Car Wash Accountability

Act of 2014

Regulating the NYC Car Wash

Service Industry

Overview: Why the Act? Why now?

The Car Wash Accountability Act would establish,

for the ﬁrst time, common-sense city oversight

covering an industry with a history of unsafe and

illegal practices and the potential to harm consumers

and our city’s environment in serious ways. The

core of the legislation would require car washes to

obtain operating licenses from the City of New York

in order to do business. The city already requires

that businesses in dozens of other industries—

including restaurants, towing companies, car garages,

dry cleaners, and even thrift shops—follow this

elementary step. This industry handles hundreds of

thousands of dollars’ worth of consumer property

every day, and a litany of consumer complaints

has come to light. The industry also poses serious

environmental risks impacting New York City

water and safety, relating to water usage, sewage

discharge, and the use of caustic chemicals. Finally,

wage theft is rampant in the industry, resulting in

judgments and potential judgments that the city’s

police powers can help to enforce. The immediate

need for the Act has become apparent as rampant

abuses in the industry come to light and reveal just

how dirty the New York car wash industry is. A litany

of consumer complaints against operators and the

increasing uncertainty about what car washes are

doing with untreated wastewater and potentially

toxic “sludge” reveals a fundamental problem: New

York City has had virtually no oversight over the car

wash industry until now. The Car Wash Accountability

Act ﬁnally puts in place basic, common-sense

oversight for the protection of our city.

The Speciﬁcs: What would the Act do?

This section presents, in question and answer format,

how the Act addresses the many consumer and

environmental issues that car washes pose. The main

provisions of the bill require that car washes: obtain

licenses from the Department of Consumer Affairs

(DCA); post surety bonds; provide basic information

about their businesses to the city; and, comply

with basic regulations concerning their wastewater

discharge and public water usage.

1) Why require car washes to

maintain licenses?

The New York City Department of Consumer Affairs

already requires that 78,000 separate businesses,

across 55 industries, apply for licenses to operate

lawfully within the city. Businesses from sidewalk

cafes to parking garages must obtain licenses through

a process that involves certifying that the business

operators are honest and that they meet minimum

standards for the protection of consumers and the

environment. No blanket licensing law exists. Instead,

the City Council licenses industries one-by-one

over time. Industries already covered by licensing

requirements include laundromats, car garages,

storage warehouses and towing vehicles to name

but a few. Car washes pose comparable or more

serious risks to consumers and the environment. It is

surprising that car washes have not been covered

to date.

2) Who would be required to maintain

the license?

Only bona ﬁde car washes that operate

for proﬁt. The Act does not cover charity car washes.

Nor does it cover businesses for which washing cars

is ancillary to some other service, such as selling or

repairing vehicles.

3) What would the license cost car

wash owners?

The license application would cost $550 every two

years. This amount covers administrative costs for

the DCA.

4) What type of information would the car

wash owner provide when applying?

An applicant would be required to supply the same

information as is required in other industries including

business address and ownership. In addition,

applicants would have to certify compliance with

existing environmental law and supply proof that

they carry the insurance required by law. Further,

they would have to maintain records of consumer

complaints and environmental practices and make

those records available to the DCA upon request.

The WASH Campaign (2014)

Lessons from the Field

5) What would the Act do to help

protect our environment, and why is

this necessary?

The Act would require car washes to provide written

proof of their compliance with environmental

regulations to end bad practices with regard to

sludge disposal. “Sludge” is the oil and debris

that becomes trapped through ﬁltration.i Car wash

workers report that many car wash managers, failing

to appreciate the concerns sludge poses, take few if

any precautions with regard to its disposal.

Prior City Council hearings on the industry and this

legislation have included employee testimony that

many car washes fail to handle “sludge” disposal in a

safe manner. Other localities have passed wastewater

regulations that are speciﬁc to car washes, thereby

addressing the myriad of issues that car wash

chemicals pose for human health and that residual

oils and debris cause for the ﬂow of the sewer

system. The Act simply requires local car washes to

meet some of the same minimum standards that are

already in place in many other parts of the country.

6) What is the surety bond requirement?

A surety bond is a form of insurance that protects

the consumer and business owner in the event of

damages or unpaid judgments or ﬁnes. Surety bonds

are a common, well-established requirement for

industries that routinely handle consumer property.

The Car Wash Accountability Act requires car wash

owners, just like operators of laundromats, dry

cleaners, and car garages, for instance, to obtain

surety bonds to open for business.

7) Why is the surety bond

requirement necessary?

Surety bonds protect consumers, workers, and other

damaged parties by ensuring that legitimate claims

are satisﬁed. A strong bonding requirement is a

critical component of ensuring that individuals who

secure judgments against a carwash for unpaid or

underpaid wages, or damage to a vehicle, can keep

the carwash owners from wriggling out from under

that judgment.

A recent example illustrates the need: In June 2011,

three former employees ﬁled suit in the EDNY

against Off Broadway for non-payment of wages.

(Mirek Ramirez, et al. v. H.J.S. Car Wash Inc., et

al., CV-11-2664). In June 2013 the court entered

judgment for damages to plaintiff in the amount of

$205,409.34 and $41,740 in attorneys’ fees and

costs, a total judgment of nearly $250,000. The

judgment is to date unpaid and unsatisﬁed, and the

corporate entity operating the carwash has changed,

leaving workers with virtually no way to collect their

back pay. This particular judgment covered only

three out of between one and three dozen workers

employed during that time period—some of whom

have now come forward to conﬁrm that they too

were severely underpaid during that time period.

And the judgment covers less than two years of

wage underpayment, though workers are entitled to

6 years by law if the violation has gone on that long.

Attorneys familiar with the industry estimate that

meritorious wage claims at many car washes are

likely to exceed $750,000 or $1,000,000 in value.

The bond amount also takes into account the recent

Attorney General settlement with the John Lage &

Fernando Magalhaes car washes for $2.2 million in

unpaid wages, a mere 5 years after they were forced

to pay $3.4 million in an earlier unpaid wage case.

A strong surety bond requirement is one of the only

ways to actually ensure that aggrieved workers can

access the wages to which they are entitled, thus

helping to ﬁnally eradicate wage theft from the car

wash industry business model, allowing law abiding

car washes to thrive at last.

The bond amount also protects consumers. The

WASH Campaign investigated the ﬁrst of these

concerns by launching a study of online consumer

complaints. Results of the study are alarming. For

instance, it shows the frequency with which car wash

managers deny responsibility for damage to vehicles

and for loss or theft of property. Substantially more

than one-third of the complaints against the 50 New

York City car washes that the Campaign surveyed

pertained to exactly this scenario. In the absence of

consumer protections, this unfortunate reality comes

as no surprise given that car washes know they have

the upper hand. By comparison, aggrieved consumers

of parking garages can get quick reimbursement

for damage to their property, since parking garages

must carry surety bonds, whereas customers of car

washes must rely on the good graces of car wash

operators to remedy the same grievances. Worker

testimony indicates that standard practice to resolve

consumer complaints is that employers take cash

from the workers’ tip pool to make the customer

whole for any damage that the machines may have

inﬂicted. As oversight and worker courage eliminates

this approach, consumers will also need guaranteed

access to a bond to protect their claims.

i A study of the compounds in car wash wastewater and sludge for the International Carwash Association conﬁrms this. See CHRIS

BROWN, WATER EFFLUENT AND SOLID WASTE CHARACTERISTICS IN PROFESSIONAL CAR WASH INDUSTRY (International

Carwash Association, Inc. 2003) (“The results of this study regarding contaminants in grit indicate that signiﬁcant levels of some

contaminants are caught in the grit by the oil/water separation tanks in professional car washes”).

The WASH Campaign (2014)

A Practical Guide to Combatting Wage Theft

Appendix X: Advocacy Insitute Sample MAPS

(See Budget Timeline Detail below)

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

(New Fiscal Year

begins on April 1)

(Sometimes the

budget is not

passed by April 1)

Budget Season

1 Oct - 31 Mar

Legislative Session

1 Jan - 30 Jun

Prep for

Legislative Session

1 Sep - 31 Dec

Agency Budget Prep

1 Jun - 30 Sep

Governor's

State of the

State

Address

(Early January)

Senate & Assembly

Expense & Revenue

Response

Joint Hearings,

Agency Presentations,

and Meetings with

Budget Tables, Members

and Central Staff

(February and March)

Senate and Assembly

pass budget or

resolution

"Three Men in a Room" hammer

out a deal by budget deadline

(April 1)

MarJan Feb

Budget Cycle Phases

June - September: Agency budget preparation

October - December: Division of Budget review

November - January: Governor and 2nd ﬂoor decisions

January - March: Legislative action

Executive

budget released

(Mid January)

21- or 30-day

amendments

DOB and Executive

set budget priorities

(End of December)

Budget Timeline Detail

Overview Timeline

State Map 1 - Timelines

Finance and Budget

Legislation and Policy

Legend

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ADVOCACY

the

v15.6 June 2015

The Advocacy Institute (June 2015)

Lessons from the Field

Advocacy Insitute Sample MAPS (continued...)

Executive

109 State Agencies

Democratic administration

Governor

Andrew Cuomo

General Counsel

Alphonso David

Director of

State Operations

Jim Malatras

Deputy

Secretaries

Division of Budget

Mary Beth LaBate

Personal Staff

Agency

Commissioners

Chiefs (6)

Section Heads

Assistant

Counsels (10)

Agencies

State Map 2 - Who's Who

Assistant

Secretaries

First Assistant

Counsel

Senior Chiefs

Cathy Durant &

Dan Shephard

Secretary to the

Governor

William Mulrow

First Deputy

Director

Ron Greenberg

Team Leaders

Examiners

Division of Budget Detail: Budget Chiefs

Senior Chiefs Cathy Durant & Dan Shephard

Public Protection, General Government Susan Knapp

Transportation, Economic Development Mike Novakowski

Mental Hygiene Louis Raffaele

Housing, Human Services Todd Scheuermann

Health Frank Walsh

Education Lisa Timoney

See detail below

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ADVOCACY

the

Assembly

150 Members

Democrat-controlled

Assembly Speaker

Carl Heastie

Chief of Staff

Jevonni Brooks

Counsel to Speaker

Jim Yates

Ways and Means

Secretary

Blake Washington

Program and

Counsel Secretary

Lou Ann Ciccone

Senior Budget StaffProgram and Counsel

Team Leader

District

Ofﬁce

Albany

Ofﬁce

Analysts /

Committee

Counsel

Budget Table

Analysts

Assembly Member

Personal Staff

Committee Staff

Legend

Supervisory relationship

Legislator's Ofﬁce

Finance and Budget Central Staff

Legal and Policy Central Staff

Personal Staff

Senate

Assembly

Executive

All budget decisions

are negotiated and

ratiﬁed by these three:

Three Men in a Room:

Flanagan

Cuomo

Heastie

Senate

63 Members

Republican-controlled

Republican Leader

John Flanagan

Chief of Staff

Ray Bennardo

Secretary to Republican

Finance Committee

Robert Mujica

Counsel

to the Republican

Marjority

Diane Burman

Senior Budget StaffProgram and Counsel

Team Leader

District

Ofﬁce

Albany

Ofﬁce

Analysts /

Committee

Counsel

Budget Table

Analysts

Senate Minority Leadership

Minority Leader

Andrea Stewart-

Cousins

Chief of Staff

Secretary to Minority

Finance Committee

Louis Tobias

Counsel to the

Senate Minority

Shontell Smith

IDC Leader

Jeff Klein

Chief of Staff

John Emrick

Counsel

William McCarthy

Counsel to

the IDC

Shelley Andrews

State Senator

Personal Staff

Committee Staff

v15.6 June 2015

Other Elected Ofﬁcials

Comptroller

Thomas P. DiNapoli

Chief Fiscal Ofﬁcer of

the State of New York

Attorney General

Eric Schneiderman

Chief Legal Ofﬁcer of

the State of New York

Assembly

Senate

Governor

Agencies

BILL

DRAFT or

IDEA

Senate

Floor

Committee 2*

Sponsor

Introduces Bill

Find

Sponsor(s) in

Assembly and/

or Senate

CALENDAR

Path A: Bill passes one committee and reaches Calendar

Path C: Bill routed through Rules Committee for rush passage at the end of the session

Path B: Bill passes two (or more) committees and reaches Calendar

Agencies

State Map 3 - How a Bill Becomes a Law

IMPLEMENTATION

Agencies

Flow of time

Legislative Committee

Legend

Chamber Floor

Senate

Assembly

Executive

Committee 1

Senate Rules

Committee

BILL

S.##

(Same as)

LBDC

Sponsor

Introduces Bill Assembly

Floor

Committee 2*

CALENDAR

Assembly Rules

Committee

BILL

A.##

(Same as)

Committee 1

Bill passes

Senate

Bill passes

Assembly

In the Assembly, the second committee

can only be Codes or Ways and Means

In the Senate, the second committee

can only be Codes or Finance

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ADVOCACY

the

v15.6 June 2015

Find

co-sponsor(s)

Find

co-sponsor(s)

The Advocacy Institute (June 2015)

A Practical Guide to Combatting Wage Theft

Mid-Hudson & Capital Members (5)

State Map 4 - Legislative Conferences

Stewart-Cousins

White Members (9)

Black Members (8)

Latino Members (7)

3 bills passed / member

Democratic: 24

Klein

Independent Democratic

Conference: 5

15 bills passed / member

Flanagan

Long Island Members (9)

Republican: 33

33 bills passed / member

Assembly

Democratic: 106 Republican: 44

Heastie Kolb

Assembly Leadership (21)

Black, Puerto Rican, Hispanic and Asian Caucus (43)

[Non-caucus members]

Senate

Sampson

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ADVOCACY

the

No Conference: 1

v15.6 June 2015

Women members (5)

White members (5)

Women members (5)

Women members (35)

Women members (5)

White Members (33)

Western New York (5)

New York City Members (3)

Rest of State Members (11)

Felder

Women members (1)

Advocacy Insitute Sample MAPS (continued...)

The Advocacy Institute (June 2015)

Lessons from the Field

(See Budget Timeline Detail below)

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

(New Fiscal Year

begins on July 1)

Budget Season

1 Jan - 30 Jun

Legislative Session

1 Sep - 30 Jun

Budget Prep

1 Jul - 31 Dec

City Map 1 - Timelines

MarJan Feb

Budget Timeline Detail

Finance and Budget

Legislation and Policy

Legend

Overview Timeline

JunApr May

January

The Mayor

proposes the

city's spending

priorities for the

upcoming year in

the Preliminary

Budget, usually

submitted by

January 16th.

February

Community Boards, Borough Boards, and

Borough Presidents submit their priorities to

the Mayor and City Council. City Council

holds hearings on the Preliminary Budget.

Capital Funding requests to Borough

Presidents due February 26.

March

The City Council and

Borough Presidents

issue their

recommendations

and response to the

Mayor’s Preliminary

Budget. 

Capital Funding

requests to the City

Council due March

26.

April

The Mayor submits a

proposed Executive

Budget, usually by April

26th.

May

The City Council

holds hearings

on the Executive

Budget. NYC

Council internal

budget

deliberations

begin.

June

The City Council and

the Mayor negotiate a

ﬁnal budget. The City

Council adopts the

budget by the end of

June.

July

Fiscal year begins. NYC

Council releases the

Schedule C and Adopted

Capital budget on its website.

Prep for

Legislative Session

1 Jul - 31 Aug

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ADVOCACY

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v15.6 June 2015

Apply for

Discretionary

Spending

(January 5 to

February 20)

Advocacy Insitute Sample MAPS (continued...)

The Advocacy Institute (June 2015)

A Practical Guide to Combatting Wage Theft

Advocacy Insitute Sample MAPS (continued...)

City Map 2 - New York City Government

Supervisory relationship

Legislator's Ofﬁce

Legend

Finance and Budget Central Staff

Legal and Policy Central Staff

Personal Staff

Funding Sources

NYC City Council

Mayoral Administration

Other Elected Positions

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ADVOCACY

the

Mayoral Administration

Mayor

Bill de Blasio

Agency

Commissioners

Agencies

Housing & Economic Development

Alicia Glen

Health and Human Services

Lilliam Barrios-Paoli

First Deputy Mayor

Anthony Shoris

Dir. of Comms.

Andrea Hagelgans

Dir. of Intergov. Affairs

Emma Wolfe

Chief of Staff

Thomas G. Snyder

Senior Advisor for

Strategic Planning

Phil Walzak

Deputy Mayors:

Community Affairs

Marco Carrión

FDM Chief of Staff

Dominic Williams

Strategic Policy Initiatives

Richard Buery

Counsel to the Mayor

Maya Wiley

Other Elected Positions

Borough Presidents

Community Boards

Comptroller

Scott M. Stringer

Chief Financial

Ofﬁcer of the City

Pubic Advocate

Letitia James

Ex Ofﬁcio to all

Council Committees,

Next in line to Mayor

Chief of Staff

Ibrahim Khan

First Deputy

Comptroller

Alaina Gilligo

v15.6 June 2015

City Council

Legislative Finance

Council Speaker

Melissa Mark-Viverito

Deputy

Chief of

Staff

Ramon

Martinez

Acting

Director

Latonia

McKinney

Senior

Budget Staff

Budget

Analysts

Budget

Negotiation

Team

The BNT is comprised of Chairs of

Finance and Land Use committees

and designated Deputy Leaders of

the Council.

Personal

Staff

Director

Matt Gewolb

Dedicated

Drafting Unit

Many Council Members are also

members of a caucus; Black Latino

and Asian, Jewish, LGBT, Progressive

and Women's Caucuses.

Caucuses

Council bodies comprised of multiple Council Members:

General Counsel

to the NYCC

Kathleen Ahn

Every Council Member is a member

of their Borough Delegation.

Borough

Delegations

Council Member

Land

Use

Director

Raju Mann

Policy &

Innovation

First Deputy

Chief of Staff

Elizabeth De

Leon Bhargava

Economic &

Community Dev

Director

Ede Fox

Infra-

structure

Human

Services

Governmental

Affairs

Policy Analysts & Committee Staff

Director

Michael

Freedman-Schnapp

Deputy

Chief of

Staff

Laura Popa

OVERRIDE ARROW

New York City Council

Mayor

Agencies

BILL

DRAFT or

IDEA

"Motion to Discharge"

passed by majority of

council

Committee

Min. 1 public hearing

Path A: Bill passes one committee and reaches Calendar

Path B: Bill routed through "Motion to Discharge" rather than committee.

Very rare

Agencies

City Map 3 - How a Bill Becomes a Law

IMPLEMENTATION

Agencies

Flow of time

Legislative Committee

Legend

Chamber Floor

VETO

Legal Services

request to

Dedicated

Drafting Unit

Find CM as

sponsor

BILL

"Intro.##" Mayoral

Lawsuit

Council Member

Introduces Bill Bill passes

City Council

overrides

Mayoral Veto

Stated Meetings

Majority vote

City Council

Mayoral Administration

Find

co-sponsor(s)

OVERRIDE

PROCESS

Must go back

through committee or

discharge vote

v15.6 June 2015

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ADVOCACY

the

The Advocacy Institute (June 2015)

Lessons from the Field

Advocacy Insitute Sample MAPS (continued...)

City Map 4 - New York City Council Members

Republicans (3)

Non-BLA caucus members (3)

Bronx (8)

Mark-Viverito, Speaker

Staten Island (3)Brooklyn (16) Queens (14)

Indicted

Manhattan (10)

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ADVOCACY

the

v15.6 June 2015

Summary View (51)

Democrats (48)

Black, Latino and Asian Caucus members (26)

Non-BLA caucus members (22)

Progressive Caucus members (20)

Women (15)

Out LGBT members (6)

20152014 20172016 2018

Issue Advocacy

Base-building & Leadership Development

Direct Services

Legislative

Session

Year 1

Legislative

Session

Year 2

You are here!

GOTV

Electoral

Organizing

GOTV

Electoral

Organizing

GOTV

State Level Civic Engagement Timeline

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ADVOCACY

the

v1.0 June 2015

Legislative

Session

Year 2

Electoral

Organizing

Legislative

Session

Year 1

Legislative

Session

Year 2

The Advocacy Institute (June 2015)

A Practical Guide to Combatting Wage Theft

100

Appendix XI: DOES and ORM Budget Hearing

Talking Points

Below is a shared statement of solidarity, strength and strategic framing for the Just Pay

Coalitions testimony in front of DOES and ORM on April 27th. As a Coalition, our goal is

to update the public record on our asks and reinforce the need for oversight on DOES.

Our tone is to be critical of agencies past performance but optimistic to be working with

these agencies under this new administrations. The suggested theme for this year’s

testimony is that want DOES and ORM to be proactive in enforcing labor laws,

transparent and accountable to the public, and responsive to community concerns. We

hope that coalition members with have an intro that mirrors the sample text below and

then choose a few of the recommendations under one or two of the themes to weave

into their testimony.

“Councilmember ________________, thank you for the opportunity to testify today.

My name is __________________ with [your organization] which is also a member of

the Just Pay Coalition. [Your Organization] is a [Organization/Union/Coalition] that [insert

your organization’s mission]. Today I’ll focus my testimony on the Department of

Employment Services, specifically the Office of Wage and Hour.

The Just Pay Coalition, along with several other organizations in DC, has been

successful in passing many important pieces of legislation aimed at ensuring DC

workers invaluable rights and benefits. However, laws left unenforced leave workers

without their rights and fail to level the playing field for small businesses trying to respect

the rights of their workers.

Previously, the Just Pay Coalition had advocated for increased funding in DOES in

order to enable them to be proactive in the enforcement of these new laws. However,

through the budget process we have learned that DOES still has a significant number of

vacancies in key positions. We believe that once DOES is fully staffed under current

funding they will have a significant increase in capacity. We further believes that the fact

that these vacancies have existed for so long and that the public was unable to

independently confirm these vacancies highlights the need for the council to provide

more direct and extensive oversight of DOES in order to hold them accountable. We feel

it necessary to reiterate the council’s, and more specifically this committee’s,

responsibility in providing extensive oversight of DOES.

As a [worker/advocate], I look forward to working closely with DOES under this new

administration because it is important to me that DOES is transparent, accountable to

the public, proactive in enforcing labor laws and responsive to community concerns. “

If applicable: [Your organization] is also a member of the DC Fair Budget Coalition, and

we support the Coalition’s Budget Platform because we believe it offers a

comprehensive approach towards fighting poverty in the District across a range of issue

areas that affect DC’s lowest-income communities.

Just Pay Coalition (2013)

Lessons from the Field

101

DOES and ORM Budget Hearing Talking

Points (continued...)

Just Pay Coalition DOES Demands

1. Proactive enforcement of all laws through:

a. Hold community and business forums to educate the public on their rights and

responsibilities

b. Conduct proactive public outreach by auditing whether businesses are in

compliance. When businesses are not in compliance they should be fined and

investors should look into other possible labor standard violation.

c. Full Staffing - Fill all vacancies and increase number of investigators, outreach

staff and administrative law judges to ensure timely adjudication of workers’

cases.

d. Work with enforcement and regulatory agencies like DCRA, OAG and OHR to

create interagency collaboration in labor law enforcement.

2. Transparency with the Community and Advocates:

a. Increased oversight of DOES from the council

i. create an implementation plan in collaboration with advocates and

workers

ii. re-define key measures of success to better reflect the needs of the DC

workers

iii. Create timelines for compliance to community and council demands with

penalties for inaction

b. Regular sharing of data with advocates and the community including:

i. Number of claims resolved by the Office of Wage and Hour

ii. Number of claims referred to Attorney General or administrative law

judges

iii. How much money is recovered, and what percent of the wages claimed

by worker is this?

iv. Number of claims where employer is non-compliant and does not respond

to DOES inquiries

v. Number and amount of fines issued

c. Issue of regulations for Wage Theft Prevention Act and Accrued Sick and Safe

Leave Amendment Act by June 1st 2015.

d. Create necessary documents including frequently asked question (FAQ)

documents to guide employers on how to comply with law by June 1st 2015.

e. Create a worker friendly overview of the OWH claims process including the

appeal process and expected timeline to distribute to workers who are making

claims and inform them of their rights under the law by June 1st 2015

3. Responsive to Community Concerns

a. Treat workers with respect and dignity

b. Have a complaint process for unprofessional interactions with agency staff

c. Ensure that services and materials are easily accessed by workers who speak

languages other than English in accordance with the DC Language Access Act

d. Have regular quarterly meetings with advocates

e. Host public forums to hear from workers directly

f. Conduct in-depth training with all levels of staff at the Office of Wage Hour to

ensure thorough knowledge of all wage and hour laws.

Just Pay Coalition ORM Ask

1. Re-institution the Cost of Living increases for approved benefits

Just Pay Coalition (2013)

A Practical Guide to Combatting Wage Theft

102

Appendix XII: Weisbard 2013 Oversight

Testimony on DOES – As Submitted

ARI WEISBARD, ESQ. ADVOCACY

MANAGER D.C. EMPLOYMENT

JUSTICE CENTER

COMMITTEE ON WORKFORCE AND

COMMUNITY AFFAIRS FY 2013

Performance Oversight Hearing

Department of Employment Services

March 4, 2013

Committee Chair Barry and members of the

Committee, thank you very much for the opportunity

to testify on the performance of the Department of

Employment Services. My name is Ari Weisbard and

I am Advocacy Manager at the D.C. Employment

Justice Center. EJC is a nonproﬁt organization whose

mission is to secure, protect and promote workplace

justice in the D.C. metropolitan area. We provide free

legal advice to more than 1,200 workers a year and

consistently refer many District workers to DOES’s

Ofﬁce of Wage-Hour.

First, I want to thank you for your leadership in

passing several pieces of pro-worker legislation

supported by EJC. We deeply appreciated your

support of the Accrued Sick and Safe Leave Act

of 2008 and, more recently, the Workplace Fraud

Amendment Act of 2012, and the Unemployed

Anti-Discrimination Act of 2011. These laws

protect workers when they get sick, when they are

misclassiﬁed by their employers, or when they are

unemployed and looking for work. We look forward

to your continued support for ensuring that workplace

protection laws are funded in this year’s budget and

fully implemented.

The performance of DOES’s Ofﬁce of Wage-Hour

is a critical issue for EJC. More than 400 workers

have come to EJC with wage complaints in just the

last two years. Some of these workers are paid less

than the minimum wage, some are illegally denied

overtime, some are paid less than what they were

promised, and many lose whole days or weeks of pay

because their employers simply refuse to give them

their paychecks. We consider all of these practices to

be “wage theft,” because losing your wages is just as

damaging as any other form of theft.

According to a 2009 survey of low-wage workers in

three urban areas, low-wage workers lose on average

$51 per week to wage theft, or $2,634 per year. That

amounts to 15% of their annual income. Most of

these workers are supporting at least one child.i

And yet, the District is doing less than ever to combat

wage theft. In 1971, the Ofﬁce of Wage-Hour had a

budget large enough to support a staff of 25. Today,

the Ofﬁce has only three investigators. It is simply not

possible with this limited a staff to adequately enforce

DC’s minimum wage, unpaid wage, living wage, sick

leave, and other worker protection laws.

But the issue is not merely one of adequate stafﬁng.

One recent national survey gave DC’s wage laws

a grade of F due to the inadequate safeguards we

provide for workers. The survey was titled “Where

Wage Theft is Legal.” While stealing from your own

employees isn’t technically legal here in DC, to be

honest, they’re right. It may as well be. If we want to

make sure that workers get paid what they’re owed,

we need to address wage theft on a structural level.

Why are workers more likely to have their money

stolen by their own employers than having it stolen by

strangers? Why are the hundreds of employees who

come forward and ﬁle wage theft complaints each

year just the tip of the iceberg?

Well, most employees suffer in silence because they

fear losing their jobs, especially in this economy. If

the worker complains, the employer can retaliate

with near impunity. So they keep working for weeks,

hoping they can believe their employer’s promises to

pay them eventually. And when they don’t, they can’t

afford to hire a lawyer and spend months trying to get

their wages back, often without success. For them,

it’s throwing good money after bad.

And what happens when a worker actually does

come forward and ﬁle a complaint? After months of

waiting and investigating, the most they ever seem

to get back is the money they were owed in the ﬁrst

place. No interest. No damages. No penalties. So

wage theft perpetrators know they probably won’t

get caught, and even when they do, they still come

out ahead, with an interest-free loan from their own

employees. And all those other employees who didn’t

come forward? It’s like a special form of unearned

loan forgiveness.

i Tim Judson & Cristina Francisco-McGuire, “Where Theft is Legal: Mapping Wage Theft Laws in the 50 States.” Progressive

States Network. June 2012 (at page 2).

Just Pay Coalition (2013)

Lessons from the Field

103

So it shouldn’t be surprising that so many employers

are careful to keep their employees off the books.

According to DOES, when an employer fails to keep

records, even legally-required records, they’re not

held accountable for any orally promised wages they

owe their employees. Moreover, DOES does not

believe they have the authority to assess liquidated

damages and reports again this year that they have

not assessed any administrative penalties or even

set up the apparatus to hold formal hearings in order

to impose them. Without better procedures and

remedies for employees, wage theft will continue.

Employees will suffer and honest employers won’t be

able to compete on a level playing ﬁeld.

In conclusion, we urge the Council to strengthen

worker protection laws, to expand workers’ rights

to a fair hearing and reasonable damages, and to

adequately fund enforcement of these laws. Thank

you very much for the opportunity to provide you with

this testimony.

Just Pay Coalition (2013)

A Practical Guide to Combatting Wage Theft

104

Appendix XIII: WTPA Brochure

CASA (2010)

Lessons from the Field

105

WTPA Brochure (continued...)

CASA (2010)

A Practical Guide to Combatting Wage Theft

106

WTPA Brochure (continued...)

CASA (2010)

Lessons from the Field

107

WTPA Brochure (continued...)

CASA (2010)

A Practical Guide to Combatting Wage Theft

108

WTPA Brochure (continued...)

CASA (2010)

Lessons from the Field

109

Appendix XIV: Vision for Meaningful Enforcement

Recommended State Law Provisions for

Preventing Wage Thefti

I. Make Government Agencies Effective

Enforcers of the Law

i. Community input and collaboration

1) Fund worker advocacy organizations

to conduct outreach, educate workers

about their rights, and identify

violations of law.

2) Convene task forces on speciﬁc

industries which include worker

advocates.

3) Create an oversight board to

monitor the agency and include

worker advocates.

4) Designate agency staff to act as

liaisons to community groups.

ii. Targeted and afﬁrmative enforcement

1) Identify substantive violation priorities.

2) Identify industries with high violation

rates by consulting with labor

advocates and other labor standards

enforcers. Ensure the agency has

the authority to do afﬁrmative

investigations without waiting for

a complaint.

3) Conduct unannounced sweeps in

priority industries and regions.

4) Grant the agency authority to impose

corrective action beyond the payment

of wages, penalties and interest.

iii. More agency funding

1) Increase the state budget for

investigators.

2) Increase the number of investigators

speciﬁcally dedicated to wage theft.

3) Direct ﬁnes back to enforcement

agencies (for example, a mandatory

minimum civil penalty or ﬁne that is

not tied to the amount of claim could

both deter employers from stealing

wages and also could be directed to

enforcement efforts.) Note: This could

have some potential drawbacks in

terms of political will to provide

stable funding.

4) Authorize enforcement agencies to

collect investigatory and enforcement

costs from employers found to have

violated the law.

iv. Improve the complaint process

1) Revise intake and screening processes

to ensure incoming claims are properly

categorized and prioritized into high-,

medium- and low-priority levels based

on identiﬁed enforcement priorities.

2) Simplify complaint procedures and

explain them clearly on the agency’s

website, including by providing a

downloadable claim form.

3) Refer claims to experienced private

wage and hour attorneys via bar

associations in a timely manner, when

appropriate. This can free up the

enforcement resources of agencies.

v. Tap the full potential of

government enforcement

1) Treat individual worker complaints

as covering the entire workplace so

that other workers who fear coming

forward will beneﬁt from the agency’s

investigation. This will allow the

expenditure of investigatory resources

to beneﬁt a greater number of

employees.

2) Enter into forward-looking monitoring

agreements so that the agency can

inspect and re-investigate the violator

for a number of years after the

violations were found.

3) Authorize the state department of

labor to investigate violations of local

wage and hour ordinances upon

request from local government.

In jurisdictions where the local

minimum wage is higher than the

state minimum wage, workers can

recover the full local wage owed.

II. Raise the Cost to Employers for Violating

the Law

i This outline draws from NELP’s publication “Winning Wage Justice: An Advocate’s Guide to State and City Policies to Fight Wage

Theft,” available at http://www.nelp.org/content/uploads/2015/03/WinningWageJustice2011.pdf

Center for Popular Democracy (2015)

A Practical Guide to Combatting Wage Theft

110

i. Make business licenses and public

contracts contingent on compliance with

employment laws

1) Require employers to disclose

any outstanding wages owed and

judgments or orders of unpaid

wages, and to pay all wages due, as

a condition for issuance or renewal

of business licenses or registrations.

This should be mandatory, not

discretionary, for issuance or renewal.

2) Employers with outstanding judgments

should be ineligible to bid on or be

awarded contracts with state entities.

Repeat violators should be barred from

contracting for several years.

ii. Adequate monetary penalties to

compel compliance

1) Employers must be subject to either

treble damages and interest or a

separate ﬁne payable to workers

who have not been paid on time,

supplementary to the overdue

wages. Only monetary penalties that

substantially outweigh the withheld

wages will deter violations.

2) Penalties should increase for

repeat violators.

III. Protect Workers from Retaliation

i. Anonymous, conﬁdential, or

third-party claims

1) Allow anonymous complaints, or allow

third parties, such as worker centers,

to ﬁle complaints.

2) Allow one worker to ﬁle claims on

behalf of the rest of the workers

affected by wage theft.

3) Require the state enforcement agency

to keep the identities of complaining

workers conﬁdential as long as

possible during its investigation.

ii. Remove barriers to proving retaliation

1) Establish a rebuttable presumption

of employer retaliation when an

adverse action occurs shortly after the

employee has exercised his or

her rights.

2) Specify that the burden of proof

is satisﬁed when retaliation was a

motivating factor, unless the employer

can show that it would have taken

the adverse action in the absence of

protected activity.

iii. Retaliation protection should extend to

workers who mistakenly but in good faith

allege violations of law.

IV. Stop Independent Contractor

Misclassiﬁcation and Hold Subcontracting

Employers Accountable

i. Broadly deﬁne the employment relationship

1) A broadly-deﬁned scope of who is an

employee and who is the employer

under wage and hour laws allows

agencies to target employers that

call their employees “independent

contractors,” and to hold more than

one employer (a worksite employer

AND a temp agency, or a janitorial

subcontractor AND the ofﬁce building

or retail store where the work is

performed, for instance) responsible

for unpaid wages.

ii. In industries where subcontracting

is rampant (e.g., security, janitorial,

agricultural, warehousing), require client

employers to share with labor contractors

all civil legal responsibility for workers

supplied by that labor contractor for the

payment of wages and the failure to obtain

valid workers’ compensation coverage.

iii. Offer an amnesty period to encourage

reclassiﬁcation to employee status

1) Create a time-limited period during

which employers can convert so-

called “independent contractors”

to employees and pay all wages,

beneﬁts, and taxes owed in exchange

for relief from statutory or civil liability.

V. Uphold Undocumented Workers’ Rights

Under State Law

i. The express or implied threat of reporting

a worker or a worker’s family member to

immigration authorities must be recognized

and punishable as a retaliatory act.

ii. Ensure access for Limited English

Proﬁcient Workers by requiring a range of

afﬁrmative policies for immigrant worker

access to state enforcement agency.

The state law should create an ofﬁce

speciﬁcally tasked with ensuring agency

compliance with immigrant access. To

further ensure compliance, the state law

should include a private right of action to

Center for Popular Democracy (2015)

Lessons from the Field

111

sue to enforce individual agency violations

of LEP access programs.

iii. Leverage U Visas: Protect immigrant

workers who bring wage theft claims

1) In pursuing state wage and hour

claims, advocates should urge

state departments of labor and the

attorney general ofﬁces to issue

certiﬁcations for U visas as part of

their investigation process.

VI. Guarantee that Workers can Collect From

Their Employers

i. Wage liens

1) An ideal wage lien statute would

provide for a lien against the property

of an employer or property owner as

soon as a wage claim is ﬁled.

2) Authorize the state Labor

Commissioner to enforce

nonpayment of wages by issuing a

lien or levy on an employer’s real or

personal property in order to collect

unpaid wages for the employee.

The Labor Commissioner should be

empowered to directly levy bank or

otherwise send out its own ofﬁcers

to execute collections.

ii. Wage bonds

1) Bonds are most useful for workers

employed in industries that are

typically undercapitalized or heavily

subcontracted such as agriculture,

garment, construction and janitorial

work. They are routine in most states

for public works and construction

projects and are also commonly

imposed on employment agencies. To

be most effective, a bond has to be

large enough to cover wages owed to

workers with potential claims.

2) Require employers with outstanding

judgments for nonpayment of

wages to either settle or post a bond

until satisfaction of the judgment,

and authorizes the State Labor

Commissioner to issue work-stop

orders against employers who

fail to do so. The bond amount

should depend on the size of the

unpaid judgment and apply to both

successors and individuals “acting on

behalf of an employer.”

3) Authorize Labor Commissioners to

order interim or temporary relief,

including by requiring a bond to

be posted sufﬁcient to satisfy a

good-faith estimate of wages or

other damages owed, while the

investigation is pending.

iii. Wage pools: ensure (and insure) unpaid

wage payments

1) A wage fund provides

cheated workers the remedies

they have fought for and won but

were unable to collect. A wage fund

is useful for workers who do not

know their employer’s contact

information or identiﬁcation, or

whose employer has no assets,

hides its assets, ﬁles for bankruptcy,

disappears, or re-incorporates as a

new successor business.

VII. Preserve Access to Courts

i. Ensure that workers have time to bring

wage theft claims

1) Toll the statute of limitations for a

civil suit during any investigation

by the state department of labor or

administrative proceeding.

2) Extend the statute of limitation to

ensure that workers’ valid wage

claims do not expire, help workers

collect all back wages owed, preserve

workers’ rights to pursue a lawsuit,

and give state agencies sufﬁcient time

to investigate claims.

ii. Allow workers to collect attorneys’ fees

when they prevail in wage enforcement

litigation. Employers should not be able to

collect if the worker doesn’t prevail.

iii. Establish expedited class action procedures

for wage and hour claims.

iv. Prohibit the practice of requiring employees

to sign mandatory arbitration agreements

as a condition of employment.

VIII. Expand Substantive Wage &

Hour Standards

i. Extend minimum wage and overtime

protections to excluded groups like

agricultural workers, domestic workers,

and home care workers.

ii. Institute protections for workers paid on a

piece-rate basis by ensuring that piece-rate

Center for Popular Democracy (2015)

A Practical Guide to Combatting Wage Theft

112

workers are paid the minimum hourly wage

for “nonproductive time” and rest and

recovery periods.

iii. Ensure paid meal and rest breaks. Specify

the intervals at which breaks be provided;

and require that rest breaks be counted as

compensable time. Workers should receive

one hour’s pay for each break they are not

permitted to take.

iv. Daily overtime: Safeguard the eight-hour day

1) Daily overtime laws should require

employers to pay workers at least

one-and-a-half times their regular rate

of pay for hours worked in excess of

8 in a day, and double-time for hours

over 12 in a day.

v. Written notice and wage statements

1) States should require both notice

at the time of hire and wage

statements at each pay period, and

should require employers to provide

both types of disclosures in writing

to workers. Wage statements should

include pay rate (hourly, overtime,

attendance, bonus, and/or piece

rate), allowances, deductions,

hours worked, and basic identifying

information for the employer (name

including DBAs, address, phone).

Violation of this requirement should

incur separate penalties.

2) Employers should be required

to provide bilingual statements if

their workers’ primary language is

not English.

Center for Popular Democracy (2015)

Lessons from the Field

113

Notes

1 Annette Bernhardt et al, “Broken Laws, Unprotected

Workers,” National Employment Law Project, 2009,

http://www.nelp.org/content/uploads/2015/03/

BrokenLawsReport2009.pdf, 2.

2 “Wage Theft Costs American Workers as Much as $50

Billion a Year,” Economic Policy Institute, September 11,

2014, http://www.epi.org/press/wage-theft-costs-

american-workers-50-billion/.

3 “New York State Wage Theft Recovery,” New York State

Department of Labor, accessed July 13, 2017, h t tps: //

labor.ny.gov/workerprotection/laborstandards/wage-

theft-recovery/new-york-state-wage-theft-recovery.

shtm.

4 Bernhardt et al, “Broken Laws, Unprotected Workers,” 2.

5 Bernhardt et al, “Broken Laws, Unprotected Workers,” 6.

6 “Wage Theft Costs American Workers,” Economic Policy

Institute.

7 Amy Traub and Andrew Friedman, “Workers Deserve to

be Paid,” Albany Times Union, April 5, 2010, https://www.

nysenate.gov/newsroom/in-the-news/diane-j-savino/

workers-deserve-be-paid.

8 A 2012 report by the Progressive States Network found

that workers in 44 states have little to no protection

against wage theft, and the majority have laws that are

grossly inadequate. See: “New Study Exposes Gross

Inadequacies of State Wage Theft Laws Workers and

Allies Push for Better Worker Protections,” Interfaith

Worker Justice, June 11, 2012, http://www.iwj.org/media-

room/press-release-archive/new-study-exposes-gross-

inadequacy-of-state-wage-theft-laws-workers-and-

allies-push-for-better-worker-protections.

9 Eunice Hyunhye Cho, Tia Koonse and Anthony Mischel,

“Hollow Victories: The Crisis in Collecting Unpaid Wages

for California Workers,” National Employment Law Project

and the UCLA Labor Center, http://irle.ucla.edu/old/

publications/documents/HollowVictories.pdf.

10 NELP’s policy guide for wage theft advocates, “Winning

Wage Justice: An Advocate’s Guide to State and City

Policies to Fight Wage Theft,” provides extremely useful

analyses of the many innovative policy reforms that

may be pursued to combat wage theft. See: “Winning

Wage Justice: An Advocate’s Guide to State and City

Policies to Fight Wage Theft,” National Employment Law

Project, January 2011, http://www.nelp.org/content/

uploads/2015/03/WinningWageJustice2011.pdf.

11 “Winning Wage Justice: An Advocate’s Guide to State and

City Policies to Fight Wage Theft,” National Employment

Law Project.

12 “Chicago City Council Approves Wage Theft Ordinance,”

Interfaith Worker Justice, January 2013, http://www.

iwj.org/worker-center-network/headlines/ant-

wagetheftchicago.

13 Correspondence with Arise Chicago, August 2017.

14 Originally adapted from Kim Bobo, Jackie Kendall, and

Steve Max, Organizing for Social Change, Midwest Academy

Manual for Activists, (California: Seven Locks Press, 2001).

15 “Strategic Concepts in Organizing Policy Education:

Ending Structural Barriers to Social & Economic

Opportunities for Poor & Working Communities,” SCOPE,

2008, https://network.progressivetech.org/system/

ﬁles/SCOPEpresentationonPA.pdf, 6.

16 For more information about the Wage Theft Prevention

Act, see here: “MRNY’s Landmark Wage Theft Prevention

Act Takes Eect,” Make the Road New York, April 8, 2011,

http://www.maketheroad.org/article.php?ID=1782.

17 “Who We Are,” Make the Road New York, Accessed July

14, 2017, http://www.maketheroad.org/whoweare.php.

18 Based on multiple interviews with sta at Make the Road

New York.

19 Rafael Navor (Make the Road New York member) in

discussion with the author, July 2015.

20 Christ Stier, “Wage Nonpayment in Colorado: Workers

lose $750 Million Per Year,” Colorado Fiscal Institute,

2014, http://www.coloradoﬁscal.org/wp-content/

uploads/2014/03/Wage-Nonpayment-in-Colorado-

Final-1.pdf.

21 “Evidence of Widespread Wage Theft,” Oregon Center

for Public Policy, May 21, 2012, http://www.ocpp.

org/2012/05/21/fs20120521-evidence-widespread-

wage-theft/.

22 Reina Steinzor et al, “Winning Safer Workplaces: A

Manual for State and Local Policy Reform,” The Center

for Progressive Reform, accessed July 2017, h t tp : //

www.progressivereform.org/articles/Winning_Safer_

Workplaces_CPRsm_1404.pdf.

23 Interviews with sta at the DC Employment Justice

Center (EJC).

24 Bernhardt et al, “Broken Laws, Unprotected Workers.”

25 David Cooper and Teresa Kroeger, “Employers Steal

Billions From Workers’ Paychecks Each Year,” Economic

Policy Institute, May 2017, http://www.epi.org/ﬁles/

pdf/125116.pdf.

26 Stier, “Wage Nonpayment in Colorado.”

27 “Research for Organizing,” The Center for Community

Development at the Urban Justice Center, http://www.

researchfororganizing.org/.

28 “Tables,” State Voices, accessed June 14, 2017, h t tp: //

www.statevoices.org/tables/.

29 “State Sample FOIA Request Letters,” National Freedom

of Information Coalition, accessed June 14, 2017, h t tp : //

www.nfoic.org/state-sample-foia-request-letters.

30 Phillip Mattera, “Dirt Diggers Guide to Strategic Corporate

Research,” September 2014, http://corp-research.org/

dddresearchguide.

31 “Violation Tracker,” Good Jobs First, accessed July 14,

2017, http://www.goodjobsﬁrst.org/violation-tracker.

32 “Subsidy Tracker,” Good Jobs ﬁrst, accessed July 14, 2017,

http://www.goodjobsﬁrst.org/subsidy-tracker.

A Practical Guide to Combatting Wage Theft

114

33 “The Center for Media and Democracy’s PR Watch,”

Center for Media and Democracy, accessed July 25, 2017,

http://www.prwatch.org/cmd.

34 “Strategic Campaigns,” Materials from George Meany

Center, AFL CIO Local 556.

35 “Kim Bobo, Founding Director,” Interfaith Worker Justice,

accessed March 16, 2016, http://www.iwj.org/about/

sta/kim-bobo-founding-director.

36 “Healthy Nail Salon Campaign: From the Grassroots Up,”

Adhikaar, accessed March 16, 2016, http://www.adhikaar.

org/nail-salon-campaign/.

37 Sarah Maslin Nir, “The Price of Nice Nails,” The

New York Times, May 7, 2015, http://www.nytimes.

com/2015/05/10/nyregion/at-nail-salons-in-nyc-

manicurists-are-underpaid-and-unprotected.html.

38 “Adhikaar Releases Groundbreaking Survey of Nail Salon

Workers, Highlighting Challenges in Labor, Health, and

Safety to be addressed by the Governor’s Plan,” Adhikaar,

May 20, 2015, http://www.adhikaar.org/2015/05/20/

nail-salon-report-launch/.

39 Sarah Maslin Nir, “Cuomo Order Emergency Measures to

Protect Workers at Nail Salons,” The New York Times, May

11, 2015, http://www.nytimes.com/2015/05/11/nyregion/

cuomo-orders-emergency-measures-to-protect-workers-

at-nail-salons.html.

40 Jenny Che, “New York City Mayor Announces

Investigation into Nail Salon Conditions,” Hupost

Business, May 15, 2015, http://www.hungtonpost.

com/2015/05/15/de-blasio-nail-salons_n_7292910.html.

41 Marshall Ganz and Emily S. Lin, “Learning to Lead,

a Pedagogy of Practice,” The Handbook for Teaching

Leadership: Knowing, Doing, and Being (Los Angeles: SAGE

Publications, 2012), 353-366.

42 “End Wage Theft,” FRESC, Accessed July 14, 2017, h t tp : //

fresc.org/campaigns/rewarding-hard-work/colorado-end-

wage-theft/.

43 “Protecting Wages: The EJC Fights Wage Theft in D.C.,”

Employment Justice Center, accessed July 14, 2017, h t tp : //

www.dcejc.org/wp-content/uploads/2013/01/EJC-

Wage-Theft-Facts.pdf.

44 Tobias Salinger, “Queens Restaurant Workers Struggling

with Wage Theft,” The Daily News, February 21, 2014,

http://www.maketheroad.org/article.php?ID=3414.

45 “Protecting Wages: The EJC Fights Wage Theft in D.C.,”

Employment Justice Center.

46 “What is Wage Theft?” UCLA Labor Center, accessed July

14, 2017, http://www.labor.ucla.edu/wage-theft/.

47 Sheena Wadhawan, Emma Cleveland, and Hannah

Cane (former sta at the Employment Justice Center) in

discussion with the author, July 2015.

48 Aditi Sen, “By a Thousand Cuts,” Center for Popular

Democracy, 2015, https://populardemocracy.org/sites/

default/ﬁles/WageTheft%2011162015%20Web.pdf.

49 Phillip Reason (Formerly of Community Labor United)

and Lindsay McCluskey (Greater Boston Labor Council) in

discussion with the author, July 2015; correspondence with

Isabel Gonzalez (Community Labor United), July 2017.

50 Sarah Jimenez and Lean Afridi, “Gaming the System—How

Employers Short-Change Workers and Get Away With

It,” Community Labor United, May 2015, http://massclu.

org/wp-content/uploads/2017/01/gaming_the_system-

how_employers_short-change_workers_and_get_away_

with_it.pdf.

51 Jimenez and Afridi, “Gaming the System.”

52 “Stop Wage Theft and Hold Employers Accountable,”

Good Jobs, Strong Communities, Accessed July 19, 2017,

http://stopmasswagetheft.org/.

53 The Times Editorial Board, “Proposed Bill on Fighting Wage

Theft is Strong but Needs More Precision,” The Los Angeles

Times, May 1, 2015, http://www.latimes.com/opinion/

editorials/la-ed-wage-theft-20150501-story.html.

54 New York Times Editorial Board, “Wage Theft Across the

Board,” The New York Times, April 21, 2014, http://www.

nytimes.com/2014/04/22/opinion/wage-theft-across-

the-board.html?_r=0.

55 “Media Advisor: Wage Theft Victims Rally in Protest of

Stolen Pay,” Employment Justice Center, March 2, 2014,

http://www.dcejc.org/2014/03/13/media-advisory-

wage-theft-victims-rally-in-protest-of-stolen-pay/.

56 “News Report Shows Wage Theft Impacts Workers’

Health,” UCLA Labor Center, August 26, 2014, ht t p : //

www.labor.ucla.edu/press-release/new-report-shows-

wage-theft-impacts-workers-health/.

57 “Wage Theft Costs American Workers as Much as $50

Billion a Year,” Economic Policy Institute.

58 “Mayor Walsh Issues Wage Theft Executive Order,” City of

Boston, October 24, 2014, http://www.cityofboston.gov/

news/default.aspx?id=14843.

59 Eric T. Schneiderman, “Honoring Labor Day by Rooting Out

Wage Theft,” Hungton Post, September 3, 2012, h t tp: //

www.hungtonpost.com/eric-t-schneiderman/wage-

theft_b_1851199.html.

60 “Letter to the Editor: Wage Theft By Employers Need

Legislative Remedy,” The Washington Times, July 10, 2014,

http://www.washingtontimes.com/news/2014/jul/10/

letter-to-the-editor-wage-theft-by-employers-needs/.

61 David Leslie, Layton Borkan, and Karen Nettler, “The

Moral Imperative to End Wage Theft: Guest Opinion,” The

Oregonian, March 12, 2013, http://www.oregonlive.com/

opinion/index.ssf/2013/03/the_moral_imperative_to_

end_wa.html.

62 “Stop Wage Theft,” Good Jobs, Strong Communities

Coalition, accessed July 25, 2017, h t t p: //

stopmasswagetheft.org/.

63 “Los Angeles Coalition Against Wage Theft,”

accessed June 17, 2017, https://www.facebook.com/

stopLAwagetheft.

64 Ibid.

65 “The Wage Theft Prevention Act,” New York, June 27,

2010, http://legislation.nysenate.gov/pdf/bills/2009/

S8380.

66 “The Wage Theft Prevention Act”; GSM Labor Council

Sta, “New York Legislature Passes Historic Wage Theft

Protection Act,” November 30, 2010, http://www.

maketheroad.org/article.php?ID=1535.

67 “Int 1017-2015, Establishing Protections for Freelance

Workers,” New York City Council, November 2016,

http://legistar.council.nyc.gov/LegislationDetail.

Lessons from the Field

115

aspx?ID=2530972&GUID=61F8754B-80AF-493E-895E-

D6D17209776E&Options=ID%7cText%7c&Search.

68 “Freelancers Aren’t Free: Mayor Announces First in

Nation Protections for Freelance Workers,” The City of

New York, May 15, 2017, http://www1.nyc.gov/oce-of-

the-mayor/news/307-17/freelancers-aren-t-free-mayor-

ﬁrst-nation-protections-freelance-workers.

69 “Anti-Wage Theft Ordinance Passes City Council

Unanimously!” Arise Chicago, February 10, 2015, ht t p : //

arisechicago.org/anti-wage-theft-ordinance-passes-

unanimously/.

70 “Chicago City Council Approves Wage Theft Ordinance,”

Worker Center Network, January 2013, http://www.

iwj.org/worker-center-network/headlines/ant-

wagetheftchicago.

71 “Cook County Wage Theft Ordinance,” Illinois, h t t p: //

www.wagehourlitigation.com/ﬁles/2015/07/Cook-

County-Wage-Theft-Ordinance.pdf.

72 Kevin Solari, “Why the New Law Combatting Wage Theft

in Chicago’s Cook County is a Big Deal,” In These Times,

February 16, 2015, http://inthesetimes.com/working/

entry/17648/workers_advocates_celebrate_new_

chicago_law_that_could_punish_businesses_wh.

73 “Wage Theft Prevention Amendment Act of

2014,” Washington, DC, http://lims.dccouncil.us/

Download/31203/B20-0671-SignedAct.pdf.

74 “Important Message Regarding the Wage Theft

Prevention Amendment Act of 2014,” Department of

Employment Services, DC.gov, accessed July 17, 2017,

http://does.dc.gov/service/wage-hour-compliance.

75 “Boston Wage Theft Executive Order,” Massachusetts,

http://owd.boston.gov/wp-content/uploads/2015/08/

Wage_Theft_Executive_Order.pdf.

76 “Mayor Walsh Announces Additional Steps to Protect

Workers from Wage Theft,” City of Boston, September

17, 2015, http://www.cityofboston.gov/news/default.

aspx?id=20331.

77 “Maryland Lien for Unpaid Wages: Employment

Standards Service (ESS),” Maryland Department of Labor,

Licensing, & Regulation, Accessed April 2016, h t tp s : //

www.dllr.state.md.us/labor/wages/essunpaidwageslien.

shtml.

78 “Maryland Lien for Unpaid Wages: Employment

Standards Service (ESS),” Maryland Department of Labor,

Licensing, & Regulation, Accessed July 17, 2017, ht tps: //

www.dllr.state.md.us/labor/wages/essunpaidwageslien.

shtml.

79 “Senate Bill 358,” California Legislature, 2015–2016,

https://leginfo.legislature.ca.gov/faces/billTextClient.

xhtml?bill_id=201520160SB358.

80 Presentation by Working Partnerships USA, August 2017.

81 “How a Bill Becomes a Law,” New York State Senate,

accessed July 17, 2017, https://www.nysenate.gov/how-

bill-becomes-law-1.

82 “Legislative Process,” California State Senate, accessed

July 17, 2017, http://senate.ca.gov/legislativeprocess.

83 Interviews with sta at DCEJC.

84 Ibid.

85 “How to Organize a Delegation: A Step-by-Step Guide

to Legislative Visits,” Interfaith Worker Justice, accessed

July 17, 2017, http://www.iwj.org/resources/how-to-

organize-a-delegation.

86 Catherine Ruckelshaus, “Testimony Regarding Maryland

Senate Bill 758 Before the Senate Judicial Proceedings

Committee,” March 13, 2013, http://www.nelp.org/

content/uploads/2015/03/MD_wage_lien_testimony.

pdf.

87 “Human Tracking Victims’ Rights Act,” Kentucky

Legislature, 2013, http://www.lrc.ky.gov/record/13RS/

HB3.htm.

88 “Maryland Lien for Unpaid Wages—Employment

Standards Services (ESS),” Maryland Department

of Labor, Licensing & Regulation, Accessed July 17,

2017, http://www.dllr.state.md.us/labor/wages/

essunpaidwageslien.shtml.

89 “Public Justice Center,” accessed July 24, 2017, h t tp : //

www.publicjustice.org/.

90 Interviews with sta from Public Justice Center.

91 See, for example: “Justice for Workers: State Agencies

Can Combat Wage Theft,” National Employment Law

Project, October 2006, http://www.nelp.org/content/

uploads/2015/03/Justice_for_Workers.pdf; “Protecting

New York’s Workers: How the State Department of Labor

Can Improve Wage-and-Hour Enforcement,” Campaign

to End Wage Theft, December 2006, http://www.

nelp.org/content/uploads/2015/03/NYSDOL-Report.

pdf; “Investigating Wage Theft: A Survey of the States,”

Policy Matters Ohio, November 2010, http://www.

policymattersohio.org/wp-content/uploads/2011/10/

InvestigatingWageTheft20101.pdf; Jacob Meyer and

Robert Greenleaf, “Enforcement of State Wage and

Hour Laws: A Survey of State Regulators,” National State

Attorneys General Program at Columbia Law School,

April 2011, http://www.law.columbia.edu/sites/default/

ﬁles/microsites/career-services/Wage%20and%20

Hour%20Report%20-%20Exec%20summary%20

PDF%281%29.pdf; Jennifer S. Brand, “Adding Labor to

the Docket: The Role of State Attorneys General in the

Enforcement of Labor Laws,” National State Attorneys

General Program at Columbia Law School, February

2007, http://www.law.columbia.edu/sites/default/ﬁles/

microsites/career-services/THE%20ROLE%20OF%20

STATE%20ATTORNEYS%20GENERAL%20IN%20THE.

pdf; Janice Fine and Jennifer Gordon, “Strengthening

Labor Standards Enforcement Through Partnership

with Workers’ Organizations,” Politics and Society 557,

November 18, 2010, http://journals.sagepub.com/doi/

abs/10.1177/0032329210381240.

92 “Just Pay: Improving State and Hour Law Enforcement

at the United States Department of Labor,” National

Employment Law Project, 2010, http://www.nelp.org/

content/uploads/2015/03/JustPayReport2010.pdf.

93 See, for example: David Weil, “Improving Workplace

Conditions Through Strategic Enforcement: A Report

to the Wage and Hour Division,” May 2010, ht tps: //

www.dol.gov/whd/resources/strategicEnforcement.

pdf; Thomas P. DiNapoli, “Wage Theft Investigations:

Department of Labor,” Report 2013-S-38, New York State

Oce of the State Comptroller, June 2014, http://www.

osc.state.ny.us/audits/allaudits/093014/13s38.pdf.

A Practical Guide to Combatting Wage Theft

116

94 Cho, Koonse, and Mischel, “Hollow Victories,” 2.

95 Ibid.

96 “Labor Code Section 2698-2699.5,” State of California

Department of Industrial Relations, https://leginfo.

legislature.ca.gov/faces/codes_displayText.xhtml?divisio

n=2.&part=13.&lawCode=LAB.

97 Ibid.

98 Kilby v. CVS Pharmacy, Inc., 63 Cal 4th 1 (Cal. 2016).

99 For more information about the Wage Justice Center, see:

“Wage Justice,” Wage Justice Center, accessed July 25,

2017, http://wagejustice.org/.

100 Interview with Elizabeth Wagoner of the New Mexico

Center on Law and Poverty, June 18, 2017.

101 Unless otherwise indicated, all content is adapted from:

Alvar Ayala, “Amending the Illinois Wage Payment and

Collection Act: An Organizing Victory Against Wage

Theft,” Clearninghouse Community, http://povertylaw.

org/clearinghouse/stories/ayala.

102 “(820 ICLS 115/) Illinois Wage Payment and Collections

Act,” Illinois General Assembly, http://www.ilga.gov/

legislation/ilcs/ilcs3.asp?ActID=2402&ChapterID=68.

103 “Eective Wage Theft Enforcement,” Public Welfare

Enforcement, March 9, 2015, http://www.publicwelfare.

org/eective-wage-theft-enforcement/.

104 Alvar Ayala, “Amending the Illinois Wage Payment and

Collection Act: An Organizing Victory Against Wage

Theft,” Clearninghouse Community, http://povertylaw.

org/clearinghouse/stories/ayala.

Lessons from the Field

117

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