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New York Criminalizes Wage Theft – An Update

26 Oct


Update Applicable to:

All New York employers

What happened?

On September 6, 2023, New York Governor Kathy Hochul signed bill S 2832A into law that amends the criminal larceny law to include wage theft. The amendment went into effect immediately.

What are the details?

As previously communicated by Vensure here, the amendment aims to incentivize employers to pay fully to employees what they are owed and aims to reduce abuses committed by employers against vulnerable population.

The amendment and ability of the prosecutor to aggregate multiple victims is significant because all larceny offenses involving at least $1,000 are considered felonies under New York penal law.

The new wage theft larceny law is in addition to, and does not replace, existing criminal wage theft offenses in New York. which already provides for criminal penalties for employers and their officers and agents who pay or agree to pay any employee less than minimum wage.

Employers in New York need to be wary more than ever that they are properly paying all their employees and that they are maintaining accurate records to show that their employees have been paid all wages owed for all time worked.

For more information, please see the links below:

Law Firm articles: Article 1, Article 2, Article 3

Senate Bill S2832A 

What do employers need to do?

Employers should review their timekeeping, pay, and record-retention policies and practices now more than ever to ensure that they do not risk subjecting themselves to criminal penalties in the future, as well as civil remedies”, per JDSUPRA firm recommendation.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's New York PEO services can help you navigate complex employment laws and keep your business compliant.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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