Trump’s Wage Theft Vulnerability
By Phil Mattera for the Dirt Diggers Digest
Donald Trump may have Bill Barr’s
Justice Department in his pocket, but the president is on much shakier ground in
his home state.
And that’s not only because New York Attorney General Letitia James is seeking his tax returns and investigating his business deals.
And that’s not only because New York Attorney General Letitia James is seeking his tax returns and investigating his business deals.
Trump also has to contend with the
fact that the New York AG’s office is one of the most aggressive prosecutors of
wage and hour violations by employers in the state.
One of those employers is the Trump Organization, whose Trump National Golf Club in Briarcliff Manor, New York is reported to be rife with wage theft.
One of those employers is the Trump Organization, whose Trump National Golf Club in Briarcliff Manor, New York is reported to be rife with wage theft.
The Washington Post has just published a detailed account of the
ways in which employees at the golf club, especially undocumented immigrants,
have been required to work off the clock at no pay.
Workers are reported to have been explicitly told by managers to clock out but continue to perform tasks such as vacuuming carpets and polishing silverware.
Workers are reported to have been explicitly told by managers to clock out but continue to perform tasks such as vacuuming carpets and polishing silverware.
The Post article states that nearly
30 former employees of Trump golf courses have met with state prosecutors and
have provided them documentation such as W-2 forms and pay stubs.
One of those workers, Jose Gabriel Juarez, told the Post: “It was that way with all the managers: Many of them told us ‘Just clock out and then stay and do the side work.’”
One of those workers, Jose Gabriel Juarez, told the Post: “It was that way with all the managers: Many of them told us ‘Just clock out and then stay and do the side work.’”
This does not bode well for the
Trump Organization.
According to data contained in Violation Tracker, the New York AG’s office has brought more than 60 successful cases against companies for wage theft and has collected more than $38 million in penalties. The largest recovery was $4.8 million paid by the utility company National Grid in 2013.
According to data contained in Violation Tracker, the New York AG’s office has brought more than 60 successful cases against companies for wage theft and has collected more than $38 million in penalties. The largest recovery was $4.8 million paid by the utility company National Grid in 2013.
Yet those are only the cases in
which the defendants were corporations. The New York AG’s office is one of only
a few law enforcement agencies that also bring cases against individual corporate
executives and business owners for labor violations.
In other words, it takes the phrase wage theft literally and has on numerous occasions filed criminal charges against those individuals.
Here are some examples:
In other words, it takes the phrase wage theft literally and has on numerous occasions filed criminal charges against those individuals.
Here are some examples:
In May 2016 Lalo Drywall, Inc. and
its owner Sergio Raymundo, were sentenced in Manhattan Supreme Court
after a conviction related to wage theft for underpaying workers at a
mixed-use, commercial, and low-income residential project in Harlem. Raymundo
pled guilty to one count of Falsifying Business Records in the First Degree
under New York State’s Penal Law, a class E felony, as well as to one count of
Failure to Pay Wages under New York State’s Labor Law, an unclassified
misdemeanor.
In September 2017 Arthur Anyah,
owner of Mical Home Health Care Agency, Inc. in Peekskill, New York was sentenced to one year in jail for
defrauding 67 employees out of over $135,000 in wages. Anyah had pled guilty to
engaging in a scheme to induce health care workers to provide home health care
services to the agency’s clients without pay, as well as falsifying business
records, failing to pay wages, and defrauding the state unemployment insurance
contribution system.
These and other wage theft cases, as
well as many other kinds of prosecutions, can be found in the press release
archive of the New York AG’s office. The Corporate Research Project is in the
process of compiling these cases and similar ones from the other state AGs for
an expansion of Violation Tracker that will be
released later this year. By that time there may very well be a new entry for
the Trump Organization to include.