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California Low-Wage Workers Aren’t Being Paid After Winning Judgments in Court

07/26/2013 // Los Angeles, CA, USA // Keller Grover LLP // Eric Grover // (Blog)

Too often low income workers are cheated twice; once by their employer and once by the system. Many employers break wage and hour rules and fail to pay overtime, minimum wage or provide breaks. When they’re sued and lose, it’s easy for employers to “go off the grid,” resulting in the employee being cheated again. Proposed legislation like AB 1164, the “Fair Paycheck Act,” aims to fix this loophole by placing liens against the employer’s real property, says LA wage and hour lawyer Eric Grover.

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Anita Herrera spent years cleaning offices in San Diego, but her boss never gave her a legally required lunch and rest break during a seven-hour shift. When she eventually asked for a breather, her employer cut her hours. In 2009, Herrera filed a complaint with the California Labor Commissioner’s Office. Investigators corroborated the allegation and got a court order requiring her former employer to pay her $20,000 in penalties for the wage-and-hour law violations. Even so, she never got a cent.

Many low-wage workers who won judgments were never paid

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