Lawmakers are cracking down on employers who have tampered with their workers' wages, an issue that largely affects Latinos and the immigrant community.

Purpose of "The Wage Theft Prevention & Wage Recovery Act"

Acknowledging that some bosses cheat employees out of hard earned pay, Sen. Patty Murray, D-Washington, introduced "The Wage Theft Prevention and Wage Recovery Act" (S.2697). The bill would give workers full compensation for the work they have performed and require bosses distribute regular pay stubs and final paychecks in an orderly fashion. S.2697 gives workers the right to recover stolen wages in court as well.

Murray explained in a statement that the law would give employees an even playing field and ensure paychecks reflect the hours worked on a job.

"Too many people across the country go to work every day to support themselves and their families only to have their bosses cheat them out of their hard-earned pay," said Murray, later adding, "Boosting economic security for more workers is an important step in our efforts to help the economy grow from the middle out, not the top down."

Definitions of wage theft, according to the bill, range from employers having workers work off the clock, refusing to pay minimum wage and overtime pay, stealing workers' tips and even misclassifying workers to avoid fair pay wages.

Consequences for Bosses

The bill, which has received co-sponsorship support from Democratic presidential candidate Bernie Sanders, will establish civil fines of $50 to $100 on employers who fail to provide term disclosures and regular pay stubs to all employees. Employers must also pay their employees' final paycheck within 14 days of separation or by the payday for the pay period, or else the employer must pay the employee her or his daily wage each day past the due date for up to 30 days.

With S.2697, a civil penalty of $2,000 would also be established for employers who violate minimum and overtime wage laws. The penalty could go up to $10,000 for repeat violations.

Murray's bill would also direct the U.S. Department of Labor (DOL) to refer to the U.S. Department of Justice for criminal prosecution if bosses actively engage in wage theft practices, try to falsify records or retaliate against an employee for speaking up or cooperating in DOL investigations.

"The greatest economic challenge facing our country today is that too many people are in jobs that do not pay them enough. That issue is exacerbated by the growing epidemic of wage theft. Plain and simple -- employees should be paid for their work. All of their work," said Rep. Rosa DeLauro, D-Conn. "The Wage Theft Prevention and Wage Recovery Act is comprehensive legislation that will strengthen current federal law and empower employees to recover their lost wages. Whether it is compensation for a day's work, or overtime, employees should be paid what they earn. This legislation not only protects workers, but it will help our economy grow."

Wage Theft Impacts Latinos, Immigrants

Last September, the Labor Council for Latin American Advancement (LCLAA) published a bilingual report revealing Latino and immigrant workers earn the lowest wages and encounter wage theft most often.

"Latino and immigrant workers are making significant contributions to our country, but are facing unprecedented challenges at the workplace and in their communities. Over 6.8 million Latino workers are earning poverty level wages and need the economic security the labor movement has ensured for America's middle class," LCLAA's Executive Director Hector Sanchez said in a statement with the report's release.

Within the undocumented immigrant community, LCLAA's report acknowledged many immigrants have worked low skilled jobs with difficult and often dangerous working conditions. In addition to fears of deportation, immigrant workers are often targeted by human and labor rights violators.

"Unfortunately, immigrants often fall victim to workplace injustices such as wage theft because they feel alone in the workforce. This is especially true when it comes to undocumented Latinos," the report read, noting undocumented workers, except for farm workers, are protected by the National Labor Relations Act.

In 2011, LCLAA issued another report finding Latino workers suffer minimum wage and overtime pay violations more often than any other ethnic group.

"Latino workers face rampant wage the -the illegal underpayment or nonpayment of workers' wages. This violates the Fair Labor Standards Act (FLSA) which establishes the federal minimum wage and requires employers to pay time and a half for all hours worked over 40 hours per week," the report noted, adding such violations often occur in Washington, D.C. and Los Angeles.

Since the bill's introduction it has been referred to the Senate Committee on Health, Education, Labor and Pensions for a vote on March 16.

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For the latest updates, follow Latin Post's Michael Oleaga on Twitter: @EditorMikeO or contact via email: m.oleaga@latinpost.com.

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