From Weight Checking to Wage Checking: Arming Workers To Combat Wage Theft

Abstract

Wage theft refers to employer practices that result in employees taking home less than they are legally entitled to under federal and state law: paying below the legal minimum; not paying for time worked by having workers work “off the clock” before checking in, after clocking out, or by requiring work during unpaid break time; not paying for overtime work at the statutory overtime rate; for tipped employees, expropriating tips that should be the employee’s; or just not paying at all. In tandem with the massive shift in the economy from well-paid manufacturing jobs to low-wage service jobs, wage theft has emerged in the public forum as a significant economic and social problem. (first paragraph) Delivered as the William R. Stewart Lecture, March 5, 201

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