What do a deli in the Bronx, a car wash in Queens, and a construction site in Manhattan have in common? These businesses, along with thousands of others across the state, are facing complaints of wage theft. Wage theft is a pernicious practice in which employers refuse to pay their workers what they are owed.
Every year, New York businesses cheat over 2 million workers out of more than $3.2 billion in wages. Shockingly, a third of this amount comes from workers earning minimum wage. These wages are crucial for families to put food on the table. However, wage theft has only been considered a misdemeanor in New York, similar to trespassing or jumping a subway turnstile. This classification has given prosecutors limited tools to address the issue and has allowed employers to get away with stealing tens of thousands of dollars from hardworking employees.
Stealing someone’s wages and labor is just as wrong as stealing from their house or a bank. For many people, labor is all they have. Unfortunately, wage theft cases have been treated as misdemeanors, resulting in limited discovery and a short statute of limitations that don’t reflect the seriousness of the crime. This classification has led to wage theft going unprosecuted far too often due to law enforcement offices’ limited resources.
Fortunately, New York has taken a significant step forward by enacting the Wage Theft Accountability Act. Governor Kathy Hochul recently signed this legislation into law, making wage theft a felony and providing prosecutors with a crucial tool to hold employers accountable. The bill allows prosecutors to charge larceny for stolen wages and aggregate stolen wage amounts, providing more effective deterrence and consequences for employers who cheat their workers.
The Wage Theft Accountability Act recognizes wage theft as a criminal act. By enacting this law, Governor Hochul sends a clear message to unscrupulous employers that exploiting their employees will have serious consequences. Additionally, it empowers workers to fight against exploitation and brings long-overdue justice to victims.
However, this legislation is not solely about punishing criminals; it also promotes economic fairness. Fair wages lead to increased consumer spending, job creation, and stronger communities. Higher wages also generate more income tax revenue, which can be used to improve public services and infrastructure.
This legislation is not just about punishing criminals; it’s about protecting the workers who are the backbone of our economy. It’s about justice, equity, and economic prosperity.
This law is a crucial step to address the financial burden faced by workers affected by wage theft. It is an opportunity for New York to protect its workers, communities, and economy by recognizing wage theft as the outrageous crime that it truly is.
Letitia James is the Attorney General of the state of New York. Alvin Bragg is the Manhattan District Attorney. Assemblymember Catalina Cruz of Queens represents the 39th Assembly District. Joseph Geiger is the Executive Secretary-Treasurer of the New York City and Vicinity District Council of Carpenters.
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