Since the development of workplace rights in the early 20th century, most attorneys general’s offices have been involved in workplace issues in their role as counsel to their state labor agency, representing the agency when it is sued or when court action is necessary to carry out a particular enforcement effort. While this is a vital role to play, there is potential for attorneys general to play a greater role in protecting their citizens in the workplace, working both side-by-side with their state labor agencies and independently taking actions. Some examples of action include wage and hour or other labor standards enforcement, as well as the enforcement of workers compensation and unemployment insurance requirements. The Labor Project provides resources that may be of use to AG offices currently exploring these issues.
Human Trafficking Initiative
The National State Attorneys General Program at Columbia Law School is dedicated to supporting state attorneys general as they tackle the persistent and complex problem of human trafficking. The ability of attorneys general to work with federal, state and local prosecutors and policy makers gives them a unique role in prosecuting human traffickers, assisting trafficking victims and developing state based policies. As the premier legal research, education-and-policy center examining the implications of the jurisprudence of state attorneys general, the Program will work closely with attorneys general, their staff, and advocates who seek to address the trafficking issue.
United States Department of Labor, State Labor Regulators and Other Stakeholders Meet at Columbia Law School to Discuss Best Practices and Information Sharing to Prevent Unlawful Labor Practices
New York, September 19, 2011 – On August 17-18, the National State Attorneys General Program at Columbia Law School convened an informal meeting of state and federal regulators, academics and advocates to discuss improving law enforcement at both the state and federal levels regarding payroll fraud and misclassification.
The key goal of the meeting was to enhance cooperation between the federal government, states, worker advocates, and employers. The meeting was convened a month prior to the United States Department of Labor’s signing of memorandums of understanding with the IRS and with a number of state regulators to provide for information-sharing with the goal of leveling the playing field between employers who follow the law and those who do not.
[1]
Discussion at the meeting at Columbia Law School centered on enforcement of wage and hour laws and laws against misclassification/payroll fraud in the face of new employment models that challenge these laws. Unlawful misclassification is the practice of classifying “employees” as “independent contractors” to avoid making workers compensation, unemployment, tax and other lawfully-required payments, even though the workers are not truly “independent” and fit the traditional definition of “employee.” Payroll fraud includes the practice of paying wages “off-the-books” and can take a number of forms.
Employee misclassification and payroll fraud deprive workers of access to legal protections including the minimum wage, workers compensation and unemployment benefits and penalize the vast majority of employers who play by the rules; and deny states and taxpayers of much-needed revenue.
During the meeting, federal and state regulators, academics, and advocates discussed the myriad issues and obstacles they were facing in a time of tight budgets and high unemployment, and explored ways for all stakeholders to improve cooperation and the effectiveness of enforcement. Topics covered included the role of state attorneys general in enforcing labor laws, the use of information technology to improve enforcement, and cooperation with businesses to increase compliance.
[1] United States Department of Labor,
Labor Secretary, IRS Commissioner Sign Memorandum of Understanding to Improve Agencies’ Coordination on Employee Misclassification Compliance and Education (Sept. 19, 2011),
available at http://www.dol.gov/opa/media/press/whd/WHD20111373.htm
Inconsistent Enforcement of State Wage and Hour Laws Could Lead to “Regulatory Race to the Bottom” New Study Finds (April 5, 2011)
The National State Attorneys General Program at Columbia Law School has issued a report on state wage and hour law enforcement, analyzing survey responses from 37 states and the District of Columbia. The study, based on data available in the fall of 2010, is the first of its breadth and depth to be conducted on a national scale, and includes an objective analysis of wage and hour enforcement on the state level, measuring the methods and extent of enforcement, and the ability of states to track and share data on wage and hour enforcement. It is based on data available in the fall of 2010.
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The full report can be found here:
Executive Summary
Full Report
National State Attorneys General Program Director Opposes Bill to Eliminate Protection of Maine Labor Law for Poultry Employees (April 15, 2011)
AG Program Director and former Attorney General of Maine James Tierney, has submitted testimony to the Maine Committee on Labor, Commerce, Research and Economic Development, opposing a bill that would eliminate the requirement that minimum wage and overtime be paid to workers at farms that have over 300,000 egg-laying hens. As state representative, Tierney had sponsored the amendment in 1975 in response to poor working conditions at the a Decoster Egg Farms processing plant, and DeCoster is currently the only Maine employer to which it applies. In opposing repeal of the amendment, Tierney's testimony noted that the 1975 amendment passed with unanimous support from the state's Labor Committee and both chambers of the Legislature and that Decoster has since been cited and fined for numerous labor, animal cruelty, civil rights and health and safety violations.
Read Director Tierney's full testimony here
Labor Project
National State Attorneys General Program at Columbia Law School
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