Sweatshop Conditions in US Cities

Violations found in the week prior to the survey included:

-- 26% got below minimum wage pay;

-- 73% experiencing an overtime violation got only their regular hourly rate;

-- 19% were unpaid for overtime, and 8% were underpaid or promised "comp time;"

-- 17% weren't paid for off-the-clock work;

-- 18% were denied meal breaks;

-- 11% experienced meal break interruptions by employers or supervisors;

-- 12% worked through their meal breaks;

-- 43% got shorter than legally required meal breaks;

-- 4% were paid late;

-- 57% got no pay stub;

-- 2% had illegal pay deductions;

-- 2% had tips stolen;

-- 6% of tipped workers were paid below their legal minimum wage; and

-- 77% of Los Angeles workers were denied or got a shortened rest break.

Violations in the previous 12-month period included:

-- 28% worked off-the-clock without pay;

-- 25% were paid late;

-- 17% were paid less than owed;

-- 6% weren't paid at all;

-- 3% were subjected to repeated verbal abuses;

-- 5% experienced employer retaliation for complaining or attempting to organize a union;

-- 5% were denied worker compensation for the most recent on-the-job injury; and

-- 6% of tipped workers were paid below their legal minimum wage.

Minimum Wage Violations

Employers must pay all workers (full or part-time, documented or undocumented) at or above federal or state minimum wages, whichever is higher. Yet 26% of those surveyed were underpaid, and the amounts weren't trivial as 60% lost on average $1.43 per hour.

Overtime Violations

The Fair Labor Standards Act (FLSA) mandates "time and a half" pay for all covered employees for weekly hours worked exceeding 40. Yet 73% of "at risk" workers weren't paid the legally required rate, and 19% overall were unpaid or underpaid for overtime.

"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.

Violations Vary by Job Category and Industry

Minimum wage violations vary significantly - most flagrantly in apparel and textile manufacturing, personal and repair services, and private households; less often in residential construction, social assistance, education, and home health care. Other industries fall somewhere in between.

Violations also vary by job category. Faring worst are child care workers, beauty, dry cleaning and general repair workers, and those employed as sewing and garment workers. Best off are general construction workers, waiters, cafeteria workers, bartenders, and teachers' assistants.

Overall, 64% of workers got hourly wages. The rest received either a flat weekly or daily amount. Non-hourly workers fared worst as well as those paid in cash, not company checks, and "piece rate" employees, subjected to unattainable productivity levels to earn minimum wages. In addition, companies with less than 100 employees had almost double the violations rate of larger firms.