California may be known for its progressive labor standards, but most hourly workers in the state routinely face labor law violations, and few report them, according to a new analysis.

Ninety-one percent of workers surveyed had experienced at least one type of violation at work during the past year. Forty-one percent had experienced a serious violation of the Fair Labor Standards Act (FLSA), such as working off the clock, not being paid required overtime, not being paid for all their work hours, receiving less than the minimum wage, or not being paid bonuses, tips or paid time off that they had earned.

The insights came from a survey this spring of more than 1,000 service-sector workers by researchers from the Shift Project, based at Harvard Kennedy School and the University of California-San Francisco.

“Based on our evaluation of survey responses, we find that the aspirations of California’s progressive labor standards are frequently undermined by widespread employer noncompliance with the basic requirements of FLSA, paid sick leave, paid rest break, and meal break mandates,” researchers wrote.

But what’s particularly problematic: Workers often put up with these violations because either they are unaware of their legal protections, or they don’t have an advocate who can help them both take action and avoid retaliation.

Here is a summary of common employment law violations and worker rights:

• Less than a quarter of workers who described violations made a report, and most of the time they made the report to their own employer. Just 2 percent reported the violation to local, state or federal authorities.
• More than half of workers who reported a violation said they faced some form of retaliation, such as fewer working hours, worse schedules or tasks, or even unsafe tasks.

All of these things are wrong — from the abuse to the retaliation, whatever form it may take. Based on this survey, it is very likely that an hourly worker you know has experienced mistreatment in the workplace. 

Keller Grover offers free and confidential consultations to advise workers of their rights, protections, and prudent next steps. In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members.