Business
State audit finds major backlog of wage theft claims in California
Claims of wage theft filed by California workers are routinely left in limbo for years by state investigators who are facing a massive backlog of cases, according to a recent audit of the California Labor Commissioner’s office.
As a result of the sluggish pace, workers are left waiting years to receive money they may be owed, the audit found.
When claims are eventually investigated, the Labor Commissioner’s Office often does not recover wages. The audit found that in cases where workers requested help recovering their wages, they received the full amount owed to them only 12% of the time.
The backlog of unresolved cases has more than doubled in the last five years, from 22,000 claims in fiscal year 2017-18 to 47,000 in fiscal year 2022-23, the audit found.
The Labor Commissioner would need “hundreds of additional positions under its existing process to resolve the backlog,” California State Auditor Grant Parks wrote in a letter accompanying the audit to Gov. Gavin Newsom and state lawmakers Wednesday.
Wage theft occurs when employers fail to pay minimum wage or overtime rates or force workers to forgo legally required break times.
State law requires that a decision be made on a wage claim within 135 days from when it was first filed. But the Labor Commissioner’s office often takes two years or longer to process wage claims — more than six times longer than the law allows, the audit found.
Some 2,800 claims involving upwards of $63.9 million in unpaid wages have been open for five years or longer, according to the audit.
“Workers have virtually no recourse because it takes so long. We need emergency hiring of these positions. We need the state to deal with it,” Lorena Gonzalez, head of the California Labor Federation, said of the audit’s findings.
Gonzalez said the audit underscored a problem that labor advocates and others have pointed out for years. She criticized the state for failing to act with urgency to better protect workers vulnerable to exploitation, especially low-wage laborers.
“Where is the outrage? How many hearings have [lawmakers] had on retail theft, on crime? Well this is a crime, and it happens every day to working people.”
The Los Angeles, Oakland, and Long Beach field offices of the labor commissioner have among the biggest backlogs of claims and on average take the longest to close wage theft investigations, according to the audit.
A slow hiring process and low salaries that make it difficult for the agency to retain staff and fill positions have contributed to the high vacancy rates. Vacancy rates in field offices ran as high as 45% in Santa Ana, 44% in Sacramento, 38% in Oakland and 35% in Los Angeles and Long Beach as of June 2023.
But even if all vacant positions were filled, the labor commissioner would be short of the manpower needed to address the backlogs and process claims in the time frame required by law, the audit found. The labor commissioner has about 315 positions, about a third of which are vacant. But it needs 892 full-time positions, nearly three times as many, the audit said.
The audit found that poor technological infrastructure that has led to inaccuracies, and spotty data in the agency’s case management system has also made it difficult for the office to track claims.
California’s Department of Industrial Relations, which includes the Labor Commissioner’s Office, said it “is committed to finding ways to continually improve its programs and ensure that it meets its mission to protect and improve the health, safety and economic well-being of over 18 million wage earners.”
The department’s director, Katrina S. Hagen. said the division is working on improvements to the case management system and conducting a study of staff salaries to improve retention.
And last week, the Department of Industrial Relations announced $8.5 million in grants to 17 local prosecutors to run wage theft enforcement programs locally and bring criminal charges against problem employers.
Other California agencies responsible for enforcing labor laws have also been beset by staffing problems and claims of ineffectiveness. The Division of Occupational Safety and Health, known as Cal/OSHA, is grappling with a 38% job vacancy rate and faced sharp criticism at a February hearing of the Assembly Committee on Labor and Employment, where farmworkers testified that they’d been exposed to extreme heat and pesticides on the job.
The release of the audit comes as lawmakers and lobbyists are in negotiations over the future of California law that labor leaders say is a crucial alternative for dealing with wage theft and other workplace abuses.
The law, known as the Private Attorneys General Act, or PAGA, gives workers the right to file lawsuits against their employers over back wages and to seek civil penalties on behalf of themselves and other employees.
A business-backed initiative seeking to repeal the law will appear on the ballot in November, unless a deal is reached in the next few weeks.
The California Labor Federation and other labor groups are backing Assembly Bill 2288, introduced by Ash Kalra (D-San José), that aims to give PAGA more teeth by allowing courts to order employers to correct violations. Advocates say it will help ensure bad behavior by employers is halted, rather than simply awarding a settlement and allowing a company to go back to problematic practices.
Business
How We Cover the White House Correspondents’ Dinner
Times Insider explains who we are and what we do, and delivers behind-the-scenes insights into how our journalism comes together.
Politicians in Washington and the reporters who cover them have an often adversarial relationship.
But on the last Saturday in April, they gather for an irreverent celebration of press freedom and the First Amendment at the Washington Hilton Hotel: The White House Correspondents’ Association dinner.
Hosted by the association, an organization that helps ensure access for media outlets covering the presidency, the dinner attracts Hollywood stars; politicians from both parties; and representatives of more than 100 networks, newspapers, magazines and wire services.
While The Times will have two reporters in the ballroom covering the event, the company no longer buys seats at the party, said Richard W. Stevenson, the Washington bureau chief. The decision goes back almost two decades; the last dinner The Times attended as an organization was in 2007.
“We made a judgment back then that the event had become too celebrity-focused and was undercutting our need to demonstrate to readers that we always seek to maintain a proper distance from the people we cover, many of whom attend as guests,” he said.
It’s a decision, he added, that “we have stuck by through both Republican and Democratic administrations, although we support the work of the White House Correspondents’ Association.”
Susan Wessling, The Times’s Standards editor, said the policy is a product of the organization’s desire to maintain editorial independence.
“We don’t want to leave readers with any questions about our independence and credibility by seeming to be overly friendly with people whose words and actions we need to report on,” she said.
The celebrity mentalist Oz Pearlman is headlining the evening, in lieu of the usual comedy set by the likes of Stephen Colbert and Hasan Minhaj, but all eyes will be on President Trump, who will make his first appearance at the dinner as president.
Mr. Trump has boycotted the event since 2011, when he was the butt of punchlines delivered by President Barack Obama and the talk show host Seth Meyers mocking his hair, his reality TV show and his preoccupation with the “birther” movement.
Last month, though, Mr. Trump, who has a contentious relationship with the media, announced his intention to attend this year’s dinner, where he will speak to a room full of the same reporters he often derides as “enemies of the people.”
Times reporters will be there to document the highs, the lows and the reactions in the room. A reporter for the Styles desk has also been assigned to cover the robust roster of after-parties around Washington.
Some off-duty reporters from The Times will also be present at this late-night circuit, though everyone remains cognizant of their roles, said Patrick Healy, The Times’s assistant managing editor for Standards and Trust.
“If they’re reporting, there’s a notebook or recorder out as usual,” he said. “If they’re not, they’re pros who know they’re always identifiable as Times journalists.”
For most of The Times’s reporters and editors, though, the evening will be experienced from home.
“The rest of us will be able to follow the coverage,” Mr. Stevenson said, “without having to don our tuxes or gowns.”
Business
MrBeast company sued over claims of sexual harassment, firing a new mom
A former female staffer who worked for Beast Industries, the media venture behind the popular YouTube channel MrBeast, is suing the company, alleging she was sexually harassed and fired shortly after she returned from maternity leave.
The employee, Lorrayne Mavromatis, a Brazilian-born social media professional, alleges in a lawsuit she was subjected to sexual harassment by the company’s management and demoted after she complained about her treatment. She said she was urged to join a conference call while in labor and expected to work during her maternity leave in violation of the Family and Medical Leave Act, according to the federal complaint filed Wednesday in the U.S. District Court for the Eastern District of North Carolina.
“This clout-chasing complaint is built on deliberate misrepresentations and categorically false statements, and we have the receipts to prove it. There is extensive evidence — including Slack and WhatsApp messages, company documents, and witness testimony — that unequivocally refutes her claims. We will not submit to opportunistic lawyers looking to manufacture a payday from us,” Gaude Paez, a Beast Industries spokesperson, said in a statement.
Jimmy Donaldson, 27, began MrBeast as a teen gaming channel that soon exploded into a media company worth an estimated $5 billion, with 500 employees and 450 million subscribers who watch its games, stunts and giveaways.
Mavromatis, who was hired in 2022 as its head of Instagram, described a pervasive climate of discrimination and harassment, according to the lawsuit.
In her complaint, she alleges the company’s former CEO James Warren made her meet him at his home for one-on-one meetings while he commented on her looks and dismissed her complaints about a male client’s unwanted advances, telling her “she should be honored that the client was hitting on her.”
When Mavromatis asked Warren why MrBeast, Donaldson, would not work with her, she was told that “she is a beautiful woman and her appearance had a certain sexual effect on Jimmy,” and, “Let’s just say that when you’re around and he goes to the restroom, he’s not actually using the restroom.”
Paez refuted the claim.
“That’s ridiculous. This is an allegation fabricated for the sole purpose of sparking headlines,” Paez said.
Mavromatis said she endured a slate of other indignities such as being told by Donaldson that she “would only participate in her video shoot if she brought him a beer.”
“In this male-centric workplace, Plaintiff, one of the few women in a high-level role, was excluded from otherwise all-male meetings, demeaned in front of colleagues, harassed, and suffered from males be given preferential treatment in employment decisions,” states the complaint.
When Mavromatis raised a question during a staff meeting with her team, she said a male colleague told her to “shut up” or “stop talking.”
At MrBeast headquarters in Greenville, N.C., she said male executives mocked female contestants participating in BeastGames, “who complained they did not have access to feminine hygiene products and clean underwear while participating in the show.”
In November 2023, Mavromatis formally complained about “the sexually inappropriate encounters and harassment, and demeaning and hostile work environment she and other female employees had been living and experiencing working at MrBeast,” to the company’s then head of human resources, Sue Parisher, who is also Donaldson’s mother, according to the suit.
In her complaint, Mavromatis said Beast Industries did not have a method or process for employees to report such issues either anonymously or to a third party, rather employees were expected to follow the company’s handbook, “How to Succeed In MrBeast Production.”
In it, employees were instructed that, “It’s okay for the boys to be childish,” “if talent wants to draw a dick on the white board in the video or do something stupid, let them” and “No does not mean no,” according to the complaint.
Mavromatis alleges that she was demoted and then fired.
Paez said that Mavromatis’s role was eliminated as part of a reorganization of an underperforming group within Beast Industries and that she was made aware of this.
Business
Heidi O’Neill, Formerly of Nike, Will Be New Lululemon’s New CEO
Lululemon, the yoga pants and athletic clothing company, has hired a former executive from a rival, Nike, as its new chief executive.
Heidi O’Neill, who spent more than 25 years at Nike, will take the reins and join Lululemon’s board of directors on Sept. 8, the company announced on Wednesday.
The leadership change is happening during a tumultuous time for Lululemon, which had grown to $11 billion in revenue by persuading shoppers to ditch their jeans and slacks for stretchy leggings. But lately, sales have declined in North America amid intense competition and shifting fashion trends, with consumers favoring looser styles rather than the form-fitting silhouettes for which Lululemon is best known.
“As I step into the C.E.O. role in September, my job will be to build on that foundation — to accelerate product breakthroughs, deepen the brand’s cultural relevance, and unlock growth in markets around the world,” Ms. O’Neill, 61, said in a statement.
Lululemon, based in Vancouver, British Columbia, has also been entangled in a corporate power struggle over the company’s future. Its billionaire founder, Chip Wilson, has feuded with the board, nominated independent directors and criticized executives.
Lululemon’s previous chief executive, Calvin McDonald, stepped down at the end of January as pressure mounted from Mr. Wilson and some investors. One activist investor, Elliott Investment Management, had pushed its own chief executive candidate, who was not selected.
The interim co-chiefs, Meghan Frank and André Maestrini, will lead the company until Ms. O’Neill’s arrival, when they are expected to return to other senior roles. The pair had outlined a plan to revive sales at Lululemon, promising to invest in stores, save more money and speed up product development.
“We start the year with a real plan, with real strategies,” Mr. Maestrini said in an interview this year. “We make sure decisions are made fast.”
Lululemon said last month that it would add Chip Bergh, the former chief executive of Levi Strauss, to its board to replace David Mussafer, the chairman of the private equity firm Advent International, whom Mr. Wilson had sought to remove.
Ms. O’Neill climbed the organizational chart at Nike for decades, working across divisions including consumer sports, product innovation and brand marketing, and was most recently its president of consumer, product and brand. She left Nike last year amid a shake-up of senior management that led to the elimination of her role.
Analysts said Ms. O’Neill would be expected to find ways to energize Lululemon’s business and reset the company’s culture in order to improve performance.
“O’Neill is her own person who will come with an agenda of change,” said Neil Saunders, the managing director of GlobalData, a data analytics and consulting company. “The task ahead is a significant one, but it can be undertaken from a position of relative stability.”
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