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Progressive States Network will be working with state leaders around the
country to promote policies to improve enforcement of minimum wage, overtime and
related wage laws in the states. This Dispatch will highlight the
chronic wage violations in the workplace, model wage law enforcement language
for states to promote, messaging to support those campaigns, and specific ways
such an approach has the added benefit of undercutting anti-immigrant attacks in
the states.
Delaware’s legislature passed the Workplace Fraud Act (HB 230),
an employee misclassification bill that increases penalties for
construction employers who knowingly misclassify employees as
contractors in order to evade state and federal taxes and wage and hour
laws, saving as much as 30% on the margins.
Earlier this month, the Maryland legislature joined a number of
states in cracking down on worker misclassification by enacting the
Maryland Workplace Fraud Act (S 909 / H 819 ) which has the support of Gov. O'Malley
who is expected to sign the bill shortly. The main focus of the bill
was stopping the misclassification of workers as "independent
contractors" used by employers to deny them a minimum wage, overtime
and key workplace benefits.
New Mexico Governor Bill Richardson recently signed a wage enforcement bill (H 489)
to allow underpaid workers to collect their back wages plus twice that
amount in damages. The bill was backed by community groups and labor
unions as well as the New Mexico Department of Workforce Solutions.
New Mexico now becomes the eighth state that allows workers to collect
treble damages against employers violating the minimum wage — a key
deterrent to employers to ensure compliance with the minimum wage.
