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What is the Wage Theft Prevention Act? California's Wage Theft Prevention Act of 2011 (WPA) went into effect on January 1, 2012, and requires that all employers provide each non-exempt employee with a written notice containing specified information regarding their pay and other benefits.
In addition to California, New York, Alaska, Connecticut, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maryland, New Hampshire, North Carolina, Pennsylvania, South Carolina, Utah, and West Virginia have enacted similar legislation.
Wage Theft Laws. At least 10 states now allow workers to put a lien on an employer's property in connecting with a wage claim, with New York closing in on its own bill. Meanwhile, Colorado this year made wage theft a felony if the amount is more than $2,000.
The Labor Commissioner's Office inspects workplaces for wage and hour violations, adjudicates wage claims, and investigates retaliation complaints. Wage theft is a crime the Labor Commissioner's Office can partner with other law enforcement agencies to criminally prosecute employers that engage in wage theft.
Only five states Arizona, California, Florida, New York, and Oregon and the District of Columbia have wage-theft-related retaliation protection laws containing the most basic elements for an effective law.
68% Of Workers Hurt By Wage Theft, Study Finds 68% experienced at least one wage violation. 26% of workers had been paid less than minimum wage. 60% of workers had been underpaid by more than $1 per hour. 76% of workers who were eligible for overtime weren't paid the correct rate.
Wage theft is the denial of wages or employee benefits rightfully owed to an employee.
The law requires that the notice contain the employer's “doing business as” names, and that it be provided at the time of hiring and within 7 days of a change if the change is not listed on the employee's pay stub for the following pay period.
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