#1 Minimum Wage
– failure to pay minimum wage
– Penalty: $100 to each employee first violation
$250 to each employee each payperiod
#2 Pay Stub Rules
– Inclusive dates of pay period
– Name of employee and SSI number (last four digits)
– Name and address of employer
– hourly rates and hours worked by employee
– Penalty: $100 per employee, per violation – $4000 max
#3 Report New Employees
– Employee’s full name, SSI number, address, and start-of-work date
– Employer’s name, address, California employer account number, and FEIN.
– Within 20 days of hiring
– Penalty: $24 per employee
The penalties just on these items for 1 employee for 1 year:
#1 = $100 + ($250 x 25 wks) = $6,350
#2 = $100 + ($100 x 25wks) = $2,600
#3 = $24
Therefore, I can calcualate at least $8,974 in penalties per employee for employers who hire workers off the books – legal or illegal for one
year.
This would not be subject to discrimination charges by the Federal Courts because it would be applied to equally to citizens, non-citizens, authorized immigrants, or unauthorized immigrants under current laws that have been in place for many years. The violations are against the employers, not employees – unauthorized immigrants.
That is only 1 inspection per day. The estimated number of illegal immigrants in California is 3 million. If I assume that 1/3 are employed, it will take the state of California (EDD) 244 years to find them all.
I know I could do better myself. I wonder if the state would contract that out to me. It is quite obvious our California and Federal politicians do not want to address the underground economy due to the immigration issue. I think I could get elected to Governor on just this platform.
