Although we may not perceive it at times, whether for “justified” explanations or not, our employers may engage in practices such as wage theft. In California, this is considered a crime and can be reported to the Department of Labor or other institution deemed appropriate or appropriate to file a complaint for this reason.
According to newspapers such as the LA Times, immigrants are the biggest victims of these situations and, in general, the State of California guarantees, through its laws, equal pay for everyone, including for people who are in a situation irregular in the place or in the visa process.
Why does wage theft happen?
Generally, for personal or unprofessional reasons. In most cases, the employer or colleague seeks to take advantage of a particular situation, whether or not it is irregular. The victim, by refusing to participate in a crime or to perform unwanted favors for their co-workers or employers, is then harassed or extorted in some way in retaliation.
What are the recurring ways to do this?
There are multiple ways to execute this crime without it being believed that it is detected. Some of them are:
-Extra charges for supposedly justifiable reasons, such as worker’s compensation insurance fee, withholding taxes as an employee, etc.
-Collection of medical expenses paid by the company, and that it has decided to debit from your salary after a work accident.
-Holding events or workshops at work, which are paid or deducted from the salary of employees to reduce logistics costs.
-Through loans guaranteed by the company, which have an interest rate higher than what is established by law.
-Alleged breach of the employment contract (arrival or departure time, or established tasks), or as a disciplinary measure for false accusations or assumptions by other colleagues or the same employer.
What should I do if my employer is committing this crime?
According to the Call Matters web portal, a non-partisan and non-profit news organization, 19,000 people during 2021 filed claims for this reason, which represented an amount of almost 340 million dollars in flight and that were destined to wages for workers in the State of California.
Therefore, if you believe it is necessary to file a complaint for this reason with the authorities, first go to the California Department of Labor if you suspect that this crime is committed by your employer(s) due to abusive behavior or attitudes. in the workplace, and for personal or professional gain.
If you have concrete evidence to show that this has been going on for some time, please be sure to submit, express or display it, as this will help further understand the context of how wage theft is being committed.
On the other hand, if this type of crime is combined with another such as workplace harassment or discrimination, it is advisable to seek help through a legal firm or lawyer who can offer you options on how to prepare your defense before a possible trial or under what charges file your complaint.
Remember that you can contact us so we can help you if you have this or any other type of problem in your workspace, be it with a colleague or employer.