A new report finds declining wages in the construction industry, fueled by wage theft and payroll fraud, are pushing more construction workers into social-support programs.
The analysis, by the Labor Center at the University of California-Berkeley, found between about 12% to 21% of construction workers across the country are either misclassified as independent contractors or paid under the table, depriving them of health insurance and other employer-provided benefits.
Peter Barca, secretary of the Wisconsin Department of Revenue, said the practice is cheating.
"These scammers, many of whom are coming into the state surreptitiously, they're cheating the state out of revenue," Barca asserted. "Worse, they're cheating workers by misclassifying them. They're cheating law-abiding companies within the state, and they really cheat everybody."
The report noted 15% of construction workers in Wisconsin do not have health insurance, more than twice the rate of all workers in the state, and $207 million is spent annually on social-support programs, such as SNAP and Medicaid, to support families of construction workers.
Last month, a task force empaneled by Gov. Tony Evers released new recommendations to tackle wage theft and payroll fraud, which include bolstering penalties and tracking policies for the illegal practices.
Barca acknowledged it is difficult to nail down exactly how much money has been lost to payroll fraud in Wisconsin in recent years. As the state's report describes it, wage theft is an "underground economy" hidden from regulators.
"I'll give you an example: When contractors or companies come into the state, they're obligated under state law to register with the Department of Financial Institutions," Barca outlined. "But many of them don't do it, and DFI has no authority to fine them, penalize them and even to investigate them."
Barca noted he would like to see lawmakers take up some of the task force's recommendations during next year's legislative session.
Adam Duininck, director of government affairs for the North Central States Regional Council of Carpenters union, said adopting such laws would benefit all taxpayers.
"Construction industry tax fraud affects everybody," Duininck contended. "You have this workforce that's not being paid. There's payroll taxes [that] aren't paid on them, unemployment insurance, health care that they may use. It ends up costing us as taxpayers. We have to pick up the tab."
Per the Berkeley report, more than a quarter of families of construction workers in Wisconsin are enrolled in a social-support program, significantly lower than the national rate for construction families of nearly 40%. Almost a fifth of Wisconsin's construction workers are in a union, compared with just over 13% nationally.
Disclosure: North Central States Regional Council of Carpenters contributes to our fund for reporting on Livable Wages/Working Families. If you would like to help support news in the public interest,
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A mix of policy updates and staffing boosts has helped to put wage theft enforcement on the radar in Minnesota, and officials leading the efforts are prioritizing coordination so potential cases do not fall through the cracks.
Since Minnesota adopted a wage theft law in 2019, it has seen a handful of high profile examples of state and local officials going after companies accused of shortchanging workers.
John Choi, Ramsey County Attorney, feels Minnesota is starting to come around to the idea such matters should not just be resolved through civil penalties. He said there are some keys to taking the next step in seeing a wave of additional cases.
"It's really doing the investigations," Choi explained. "Then also making sure that we get referrals from other agencies that might be doing that civil enforcement."
Choi's office has hired a wage theft investigator, though stakeholders acknowledged not all county prosecutors and sheriff's departments around the state have such resources.
Choi co-chairs the Labor Advisory Council in the Twin Cities, which leads discussions with key partners and labor leaders about working more closely on the issue, including knowing when it is appropriate to pursue a criminal investigation.
Minnesota's Attorney General has been aggressive in combating wage theft but is only allowed to file civil lawsuits. The decision on criminal charges is up to county prosecutors. Choi emphasized the good news is the Attorney General can lend support to under-resourced offices. He suggested community members can spur more interest, too.
"I also think, just locally around the state, a lot of local sheriffs would be interested in undertaking some of these investigations once they start hearing from the public," Choi noted.
Under Minnesota's wage theft law, an employer can now be charged with a felony. Choi added there are other legal tools, such as charges sought by the revenue department, and said it is a matter of ensuring agencies are not working in silos.
The Labor Advisory Council said wage theft is rampant among nonunion construction activity. It estimates in the Twin Cities, employers steal more than $3 million in wages each year.
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Legislation proposed by Maine Gov. Janet Mills would ensure thousands of farmworkers are eligible to receive the state minimum wage.
Current law requires they be paid at least the federal minimum wage of $7.25 per hour, compared to the state minimum wage of $14.15.
Cynthia Phinney, president of Maine AFL-CIO, said the bill still lacks protection from excessive forced overtime or the allowance for an unpaid rest break after six hours of work.
"Those are things that other workers are entitled to already and farmworkers are not," Phinney pointed out. "Certainly farmworkers work hard enough."
Phinney noted the legislation would require employers to keep records of their workers' hours and provide them with pay stubs. Some farmers have opposed the increase in wages and overtime protections, saying it could force them to cut workers' hours.
Farmworkers were intentionally excluded from benefits and protections in the National Labor Relations Act, which protects the rights of workers to unionize and collectively bargain. They were also originally exempted from wage and overtime protections in the federal Fair Labor Standards Act.
Phinney argued it is time to correct the historical injustice.
"It's not lost on us that they were classifications that included largely workers of color," Phinney observed. "They included domestic workers, farmworkers."
Gov. Mills vetoed previous bills to ensure wage and other protections for farmworkers, only to develop a committee of union organizers, farmers, state agencies and lawmakers to develop the new legislation. If passed by the Legislature, the minimum wage for farmworkers would take effect Sept. 1, peak harvest time for Maine's blueberries and apples.
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With tax season winding down, efforts continue to spread the word about Minnesota's new Child Tax Credit.
Outreach leaders say it's another way to help struggling households land on firmer financial ground.
Under the plan approved by lawmakers last year, families who qualify will receive up to $1,750 per child, with no limits on the number of children for filers claiming the credit.
The Children's Defense Fund's Economic Justice Outreach Manager Natletha Sumo Kollie said the extra refund will complement aid programs these households might be relying on.
"Public programs, right now as they exist, are really something that we call expense reducers," said Kollie. "If you have SNAP, it can only go towards food. But the idea of flexible cash, from tax-credit refunds, it's something that you can use for other things."
That might include a car repair or paying off some medical debt. State revenue officials say so far, about 145,000 filed returns have claimed the credit.
Among those eligible are households with little to no income that aren't required to file taxes.
Kollie said there are barriers to reaching those families and easing their fears about going through the process of receiving the tax benefit.
To help as many people as possible learn about the Child Tax Credit, the Children's Defense Fund has added it to its "Bridge to Benefits" platform.
Kollie said you can find out if you're eligible through this online screening tool.
"You just answer a few questions about the county that you live in, your family makeup - to see if you're a single or married household, the ages of the children, your income," said Kollie, "and then the tool tells you what public programs and tax credits you're potentially eligible for."
And there's information on free tax prep sites in your area.
Her organization also partnered with the Minnesota Budget Project and Prepare & Prosper in developing a website with specific details on the CTC called ClaimYourMoneyMN.com.
Kollie said the new benefit isn't a cure-all in addressing poverty, but it should help.
She said benefit cliffs remain a challenge.
That's when a household gains a little more income, then loses a public aid benefit - and what they earn doesn't make up for that loss, leaving them economically unstable.
Disclosure: Children's Defense Fund- Minnesota Chapter contributes to our fund for reporting on Budget Policy & Priorities, Children's Issues. If you would like to help support news in the public interest,
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