1. Raise the Minimum Wage Enforcement Strategies and Fighting Back Against Preemption
September 27, 2016
Laura Huizar
Staff Attorney

2. The Problem of Wage Theft
See National Employment Law Project et al., Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in America’s Cities (2009), available at Graph by Annette Bernhardt.

3. Minimum Wage Violations (2009 Study)
The Problem of Wage Theft
Minimum Wage Violations (2009 Study)
See National Employment Law Project et al., Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in America’s Cities (2009), available at Graph by Annette Bernhardt.

4. Minimum Wage Violations (2009 Study)
The Problem of Wage Theft
Minimum Wage Violations (2009 Study)
See National Employment Law Project et al., Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in America’s Cities (2009), available at Graph by Annette Bernhardt.

5. The Problem of Wage Theft
In 2012, the Economic Policy Institute estimated that workers recovered nearly $1 billion for wage theft violations across the country.
U.S. Dept. of Labor: $280 million
State departments of labor in 44 states: $172 million
State attorneys general in 45 states: $14 million
Private attorneys: $467 million in class actions.
Economic Policy Institute, An Epidemic of Wage Theft is Costing Workers Hundreds of Millions of Dollars a Year (Sept. 2014), available at

6. Who Enforces Minimum Wage Laws?
U.S. Department of Labor
State Departments of Labor
State Attorney Generals and District Attorneys
Private Attorneys
Local Government Agencies
Worker Centers and Advocates

7. Top 5 Enforcement Tools #1. Anti-Retaliation Protection
#2. Dedicated Resources for Investigation and Enforcement
#3. Community Partnerships
#4. Strong Remedies and Penalties
#5. Private Right of Action

8. #1. Anti-Retaliation Protection
Top 5 Enforcement Tools
#1. Anti-Retaliation Protection

9. #2. Dedicated Resources for Investigation and Enforcement
Top 5 Enforcement Tools
#2. Dedicated Resources for Investigation and Enforcement

10. #3. Community Partnerships
Top 5 Enforcement Tools
#3. Community Partnerships

11. #4. Strong Remedies and Penalties
Top 5 Enforcement Tools
#4. Strong Remedies and Penalties

12. #5. Private Right of Action
Top 5 Enforcement Tools
#5. Private Right of Action

13. Preemption: What Is It?
Federal
State
Local

14. Preemption: Landscape
A Few States Expressly Allow Local Govt’s to Enact Local Min. Wage Laws
Federal
State
Local
About ½ of U.S. States Expressly Prohibit Local Govt’s to Enact Local Min. Wage Laws
The Rest of U.S. States Do Not Say Whether They Allow Local Govt’s to Enact Local Min. Wage Laws

15. Resources
National Employment Law Project: Laura Huizar, Staff Attorney,
Raise the Minimum Wage Website:

16. National Employment Law Project
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