Take Action: Worker Justice Fund! - Center on Policy Initiatives

Worker Justice Fund

Workers shouldn’t have to risk their ability to pay their rent or buy food for their families just because they stand up for their rights on the job.

After years of advocacy by CPI and other workers’ rights groups the County of San Diego established the Office of Labor Standards and Enforcement in 2021. This was an important first step but we know that even with worker protections and efforts to enforce these laws many workers still do not get justice.

On Tuesday, May 23, 2023, the San Diego County Board of Supervisors will hold the first reading and vote on whether to establish a Worker Justice Fund. A worker justice fund would provide financial assistance to workers experiencing wage theft or other violations of their rights.

Join us in telling the Board of Supervisors to create a Worker Justice Fund!

Submit an e-comment in support of Item 34 to create a Worker Justice Fund

Here are some sample comments:
(500 character limit for e-comments)

My name is [NAME], with [ORGANIZATION] and I am a resident of District ___.

It is critical that the County create a Worker Justice Fund. Wage theft is a major problem that affects all workers, especially workers the system undervalues, like recent immigrants and workers in industries that pay the lowest wages. Workers shouldn’t go into debt, or risk losing their jobs, homes, and/or food because they stand up for their rights on the job.

My name is [NAME], with [ORGANIZATION] and I am a resident of District ___. A Worker Justice Fund is critical to fight the exploitation of workers like myself.

[INSERT PERSONAL STORY]

We need economic support when we stand up to our employer, that is why I urge you all to create this fund.

What IS WAGE THEFT?

Hover over the images to read about Wage Theft & your rights as a worker.

Working off the Clock

Employees must be paid all hours worked, whether those hours are scheduled or not.

If an employer is aware that a worker arrives early to prepare or stays late to do “side work” such as cleaning or stocking, even if that work is off-the-clock, the worker must be paid for that time.

Late or Bounced Paycheck

All wages are due and payable twice during each calendar month, on days designated in advance by the employer. If a paycheck is late or bounces (is returned for insufficient funds), the employee can receive penalty payments in addition to the amount of the check.

Illegal Deductions & Charges

Employers cannot deduct wages for damages, breakage, cash shortages, nonpayment by customers or required uniforms or tools required for the job. It’s illegal for managers to take money from a tip pool or paychecks to make up for cash register shortages, to make employees cover nonpaying customers, or to deduct the cost of broken or damaged items.

Denied Breaks

Workers in California must be allowed to take a paid 10-minute rest break for every 4 hours worked and an uninterrupted 30-minute unpaid meal break if working more than 5 hours.
Workers can choose to skip breaks, but employers cannot discourage or prevent the breaks, and must relieve workers of all duties for the meal breaks. The penalty is one hour of extra pay per violation.

Not Paid for Time Scheduled

In California, employees who report to work for scheduled shifts must be paid for at least half of their usual number of hours (and no less than two hours), even if they are sent home sooner. Workers who arrive for a scheduled shift cannot be sent home without being credited for “reporting time pay,” which is meant to offset the time and costs of commuting, childcare, and lost earning opportunities when an expected shift is cut short.

Denied Overtime Pay

In California, most employers are required to pay overtime –1.5 times the regular wage– for all hours an employee works over 8 hours in a day, more than 40 hours in a week, and on the 7th day in a workweek. Workers are often asked to work overtime without being paid the required rate. It is also illegal for employers to falsify time records to avoid paying earned overtime.

Stolen Tips

Management cannot 1) keep any portion of tips left for employees by customers, 2) reduce wages because of tips earned, or 3) deduct credit card company fees or charges from tips left on credit cards. All tips belong to employees, not management. Employers and managers cannot take any part of tip pools or tips left for individual employees.