Wage Theft is the Ultimate White Collar Crime

What we criminalize and what we shrug off are extremely telling

This is what we think of when we imagine a crime. A hooded stranger in an alleyway with violent intent. | Photo by Luis Villasmil on Unsplash

When I say the word ‘crime’ what do you imagine?

Maybe you picture guys in dark corners with hoodies and knives. You imagine being approached at night on an empty street, a blade out of the shadows and a demand for your wallet.

Perhaps you picture stepping out of your home in the morning to find your car has been stolen, or broken into. There’s glass on the pavement, the lights are on and your battery is dead. Anything of value inside has been stripped.

Maybe you imagine a home invasion, whether you’re at home or not. Either being attacked in your bed at night, or coming home after work to absolute bedlam because your home, your safe harbour, was ransacked while you were away.

Usually, when we imagine crime, we picture violence and violation. A shattering of the illusion of safety.

Now, I sincerely hope that none of these things have happened to you — and if they have, I’m so sorry. Nobody should experience this kind of hell, and when they do, it changes them forever. All trauma does.

But what if I told you that some crimes don’t shatter that illusion of safety at all? Some of the worst, most common crimes that have seriously life-destroying impacts on all of us happen under the radar, and rarely ever get reported, let alone punished.

Many of us have no idea it’s even happening, and it’s even harder to prove.

Let me tell you about one that I just narrowly avoided this year.

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A nice suit and a winning smile can fool just about anybody. | Photo by Austin Lowman on Unsplash

I’ve always hated job interviews. I think most people do. They’re a fact of life, so you deal with it and do your best, but nobody really enjoys being judged and scrutinized and compared to other people.

Especially at a time when hunting for a job is so difficult, any opportunity to get in front of a recruiter or hiring manager feels like a life or death struggle to succeed.

I’ve been scanning job boards, applying to every posting that matches my qualifications, applying directly on company websites, even going in person to hand in my resume and cover letter and introducing myself directly.

I’ve even cold called local shops to ask if they’re hiring. The job market is rough right now.

So, when I got a call from a local company about my application, I was thrilled and anxious in equal measure. I eagerly agreed to a preliminary Zoom meeting — seriously, the new ‘have 4 interviews and pass all these tests’ process sucks — and began to prepare for the day.

Since this was a job board application, part of my prep involved researching the company and making notes so I can answer questions and present myself as the ideal candidate. And this is where my Spider-sense started tingling.

Upon further inspection, something about this company did not add up.

Between the vague, obviously-AI generated text on the website, the photoshopped pictures, the suspicious Google reviews — all of which were posted on the same day, weird — and the sparse portfolio, I was uneasy.

But, deciding to investigate, I took the interview.

And my hackles went up even further.

The second interview — sold as one-on-one even though it also turned out to be a group meeting with multiple candidates — brought it all tumbling down. I took notes on the recruiter’s words, I asked probing questions, and I got my answers.

They sold this position as easy money, so simple anyone can do it, and paying well enough that you could buy a new car in just a few months. They compared it to minimum wage jobs, where you’d be saving for years.

Here’s the catch; it was commission-only pay. And when I asked about their legal obligation to ensure all employees made at least minimum wage even on slow sales weeks, I was told a blunt ‘no.’

They were hiring us as independent contractors, not employees.

Ah. Well, there it was. I love when they make it easy for me.

They look pretty intimidating, but they can’t crush you if you know your rights. | Photo by Samson on Unsplash

Legally speaking, there is a vast difference between an independent contractor and an employee.

Hiring an independent contractor is a B2B (business to business) transaction. You are hiring an external specialist to provide a service for you, such as assisting on a specific project.

For example, a business might hire a web designer to update their company site and create new pages for them. You might then hire a copywriter to create some advertising to go on said website.

Both of these contractors would work on that project temporarily, setting their own hours, using their own tools or software and charging their own rates. When their jobs are complete, they send the business an invoice and get paid. That’s it. They’re gone.

Independent contractors are self-employed consultants brought in to solve a problem.

At no point are they treated as — nor entitled to the benefits of — an employee of the business.

By contrast, employees are hired for an indefinite amount of time, either part time or full time hours as set by the company. They work hours on a schedule controlled by the company, they are entitled to minimum wage or more, they enjoy benefits such as employment insurance and compensation for injuries sustained on the job.

They are also entitled to overtime pay, if their hours worked exceed the weekly maximum. They are usually provided all of the tools and equipment needed for their job, are compensated for expenditures, and are subject to promotion or discipline at their employer’s discretion.

Independent contractors, since they aren’t employees, get none of those benefits or protections.

When a business gives you all of the expectations and trappings of an employee, but denies you your benefits and protections and wages by listing you on the form as an independent contractor, it’s called Employee Misclassification.

Employee Misclassification is illegal. It’s also a major dick move.

I’m my own boss, I don’t eat bullshit. | Photo by Marten Bjork on Unsplash

This job would have required me to work overtime hours, it would have dictated where I worked and strictly set my schedule both in and outside of the office.

And I would be doing all of that with no guarantee of pay, even at minimum wage.

Fuck that.

Here’s the sad thing; I almost took it anyway until my partner shook sense into my head. I’m that desperate for a job.

And judging by the stories of everyone else being interviewed for the position, that’s exactly what they were banking on. There were a lot of people there who were either as desperate as me, or who recently immigrated to the country and might not know our labour laws.

This kind of job posting is inherently exploitative; it demanded I exhaust myself trying to keep up with their schedule, essentially providing them free labour with no compensation, protections or benefits.

There’s another name for that. It’s called Wage Theft, and it’s a multi-billion dollar industry around the globe. It is the whitest of white collar crimes, and it targets those of us at the bottom rung of the ladder who can least afford to get screwed out of fair pay.

In the end, when next they called me I withdrew my application for the position.

And I told them exactly why. I’m not going to accept having my rights violated.

I know employment law where I live relatively well, and I know my worth and what I’m entitled to. While I did have a moment of weakness, I rallied myself and stood up for myself.

I will not be exploited, and I will not settle for mistreatment.

My partner, bless him, was my cheerleader in this. He bristled protectively on my behalf, and while we’re strapped for cash, he was adamant that my health — mental and physical — was more precious than whatever money I might earn.

The most galling thing about all of this is that while Wage Theft and Employee Misclassifications are super common and very illegal, they’re also rarely ever punished. Back taxes might be charged and fines levied, but that’s about it.

If the workers don’t have the money or knowledge to recognize they’re being harmed and file a lawsuit, they probably won’t get any help from the system.

We don’t criminalize white collar crimes like that; they’re treated like a clerical error that society just kind of shrugs off. Even when the consequences result in lives being destroyed, people being pushed into poverty by injury or burnout, nobody bats an eye.

Theft by employees who steal from major corporations might make headlines, but the banality of employers screwing their workers out of their wages doesn’t even make page three.

We can pass on a report to the relevant authorities, but after that it’s out of our hands.

I’ve come at every single store with one of these like a hungry lioness. Something will come along eventually! | Photo by Clem Onojeghuo on Unsplash

Being unemployed sucks. I get by thanks to the support of my family, who are genuinely a blessing right now as I try to keep my feet under me and work my butt off building my business.

This year, a huge chunk of my income was shredded so I’m left floundering.

If I can snag even a part-time job, it’ll make my life a lot easier and I’ll be able to breathe a sigh of relief. And don’t worry; even when I get one, I’m not going anywhere.

Y’all ain’t getting rid of me that easy.

Still, even when we’re desperate it’s important to keep our goals centered in our minds. I am fighting for a better world, and that includes protecting and demanding my own rights be respected.

And it also includes backing up other people who might be in the same boat.

So, even though it doesn’t make the news, report suspicious shit that you see. Don’t let it slide. Back up your fellow working class folks and stand with them.

Practice that solidarity I’m always talking about.

We’re all in this mess together.

Solidarity wins.

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