"Off-the-Clock" Violations
This is work taking place before or after regular shifts. Employers are legally required to pay for all hours worked. Yet often they take advantage and don't.
Meal Break Violations
By law, New York, California and Illinois require employers to provide uninterrupted meal breaks for workers, although their length varies by state. Yet violations were frequent and took a variety of forms, including no break one or more times, shorter ones than mandated, employer interruptions, and having to work part of the time.
Other Pay Violations
As outlined above, they included late payments, no pay stubs, illegal deductions, and "tip stealing" from tipped workers.
Illegal Employer Retaliation
About 43% of workers complained about workplace abuses, and those attempting to form a union experienced employer or supervisor retaliation as follows:
-- 62% got pay cuts, less work, or worse assignments;
-- 47% experienced threats to be fired or to be reported to immigration authorities;
-- 35% were fired or suspended; and
-- 21% were otherwise harassed, abused, or given increased workloads.
Workers' Compensation
Laws vary by state, but in most cases employers must contribute to state worker compensation funds and carry insurance to cover the costs of on-the-job injuries or illnesses. Yet only 8% of injured workers during the previous three years filed a claim for their most recent injury, a clear sign that the system is dysfunctional because of how employers work it to their advantage.
Around 43% of seriously injured workers said they were required to work in spite of it. Another 30% said their employer refused any help, 13% were fired shortly afterward, 10% were required to be at work even if unable to perform their duties, and 3% were told not to file a claim.
In the past three years, about 50% of respondents suffering an on-the-job injury experienced a worker comp violation for their most recent one. Only 55% of those seriously injured sought treatment, and only 40% of those said their employers paid all or part of their medical bills. Only 6% of injured workers had company insurance cover their medical expenses as required.
