Wage theft is a pervasive issue in San Diego County, disproportionately affecting low-wage workers, immigrants, and people of color. Despite California’s robust labor laws, many workers are denied their rightful earnings, undermining their financial stability and dignity.
Before you shrug off that odd request to work off the clock, forgo overtime or turn over your tips, know that these actions are illegal and a sign that wage theft may be happening.
Wage Theft is a major problem across the state and the country and costs California $9 billion a year in uncollected tax revenue, not to mention the loss of workers’ dignity. It occurs when employers do not pay workers according to the law.
Examples of wage theft include:
Paying less than minimum wage
Not paying overtime
Not allowing workers to take meal and rest breaks
Requiring off-the-clock work
Or taking workers’ tips.
When I launched a Workplace Justice Unit in 2021, it was to be sure that workers are paid their wages in accordance with the law, and also so that the many honest employers who are following the law are not put out of business through unfair competition by those who don’t play by the rules. This unit focuses on prosecuting criminal wage theft cases and labor trafficking, ensuring that unscrupulous employers are held accountable.
These practices not only violate the law but also erode trust in our economic system. We want to make sure all workers in San Diego are treated fairly and paid an honest day’s wages for an honest day’s work.
Also keep in mind:
All employers are required to provide a pay stub to their employees upon request regardless of method of payment.
Workers receiving cash pay are entitled to and should request a copy of their pay stub.
A review of the pay stub would show the hourly rate, how the worker is classified and that the appropriate taxes are paid.
Employees should keep records of hours worked, who they worked with, and any written documentation from their employer.
In collaboration with the California Labor Commissioner and the Employment Development Department, we’ve strengthened our efforts to protect workers’ rights. Wage theft is not a victimless crime; it has real consequences for families and our community.
If you or someone you know has been a victim of wage theft, unlawful child labor, or of exploitation in labor trafficking, please contact our Workplace Justice Unit hotline at 1-866-402-6044 or file an online complaint by searching for workplace justice at sandiegoda.com.
As your District Attorney, I’m committed to increasing communication and accessibility between the DA’s Office and the public. I hope these consumer and public safety tips have been helpful.
