Twenty-three states - make that thirty - have signed Wage Theft and/or Worker Misclassification bills into law as the focus in a number of legislatures has swung to the issue that is costing workers and taxing agencies billions of dollars in lost revenue.
Two bills, The Fair Playing Field Act, SB 3786, introduced by Senator Kerry and a number of cosponsors last week, together with The Employee Misclassification Prevention Act, HR 5107 will, when passed, crack down on those employers who do not pay overtime or who pay subminimum wages or misclassify workers as independent contractors when they are not.
The following states are ahead of Congress again and are part of the overall movement to address this widespread worker crime:
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Illinois
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Minnesota
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- Ohio
- Oregon
- Pennsylvania
- Tennessee
- Texas
- Utah
- Vermont
- Washington
- West Virginia
- Wisconsin
Other states are considering similar laws and will likely enact them after the midterm elections in November or next year when the state legislatures are back in session.
The big question is how will they be enforced?
Updated 08/23/2013
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Payroll Fraud
You can add to the list: Kansas, Nebraska and Wisconsin. They have adopted anti-msiclassification/payroll fraud laws. These laws can only help law-abiding employers, especially in the construction industry, who are struggling to survive against the cheaters.
Additional States
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One Less State
Two bills which would have fought against wage theft in California were both vetoed on Monday by Governor Schwarzenegger.
Add another one
As of Oct 13, 2010, Pennsylvania has joined the list!
Tennessee Joins The Movement
California’s Wage Theft Prevention Act was signed by Governor Jerry Brown and went into effect on January 1, 2012.
Tennessee’s HB 551/SB 833 was signed by Governor Bill Ketron and went into effect on July 1, 2013.
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