Austin Takes a Stand Against Wage Theft
AUSTIN, Texas — It’s no secret that working hard is just part of the American dream. But what happens when that hard work doesn’t get rewarded with a proper paycheck? In Austin, local and federal authorities are joining forces to tackle wage theft head-on, and they’re not taking it lightly!
The Collaborative Agreement
Recently, the Travis County District Attorney and the U.S. Department of Labor renewed their commitment to fighting wage theft, a problem that has affected thousands of workers across Travis County. This partnership allows them to share information, conduct joint investigations, and coordinate enforcement actions. Together, they are hoping to shine a light on this issue that often goes undetected.
The Impact of Wage Theft
Since 2019, reports have revealed an astonishing $5.7 million in back wages owed to more than 5,600 workers in Travis County alone! District Attorney José Garza explained that wage theft isn’t always a simple case of employers holding back pay. Instead, it can come in various forms, with the most common being when a worker doesn’t receive payment for the hours they’ve worked.
In Texas, it’s estimated that a staggering 11% of low-wage workers—especially those in industries like construction and retail—fall victim to wage theft. Garza emphasizes that the individuals most affected tend to be vulnerable populations, including younger workers, older workers, and immigrant workers. These groups are often the ones who may hesitate to report wage theft, fearing repercussions or lacking the means to navigate the system.
Why It’s Important to Speak Up
Garza recognizes that enforcement against wage theft has been mostly nonexistent in the past. “It is crucial for workers to have somewhere to turn when they see evidence of wrongdoing,” he asserted. The renewed agreement with the Department of Labor aims to empower workers, giving them the confidence to report wage theft and seek justice.
Understanding Wage Theft Violations
The District Director of the Department of Labor, Nicole Sellers, noted that not all wage theft cases are criminal by nature. Sometimes, employers simply need guidance on how to properly pay their employees. “Often, through our investigators’ engagement, employers learn how to correctly comply with wage laws,” she explained.
That said, there are serious violations of wage laws that occur as well. Some of the common signs of wage theft include:
- Straight time for overtime: Employees may be paid their normal rate for hours worked over the standard 40 each week.
- Minimum wage violations: Deductions that reduce pay below the legal minimum wage.
- Misclassification of employees: Treating employees as independent contractors to avoid paying benefits or overtime.
- Kickback of wages: Instances where employers ask employees to return wages they are owed.
Prosecuting Wage Theft Cases
Since establishing this partnership in 2021, Garza has successfully prosecuted 10 cases of wage theft. The law has made it easier to go after this crime since 2013, but Texas has still faced challenges with only four prosecutions from 2013 to 2020.
Depending on the situation, a person found guilty of wage theft could face serious consequences, including felonies, probation, or even jail time. Garza stated, “When you steal working people’s wages, you create instability in families and communities. This is about public safety.”
Take Action if You’re Affected
If you suspect wage theft at your workplace, you’re not alone! The Department of Labor’s Wage and Hour Division has a hotline to help workers report their concerns at 1-866-487-9243. It’s important to speak up and take the necessary steps to ensure hard-working individuals get the pay they rightly deserve!
