In a move to protect workers’ rights, on September 6, 2023, New York Governor Kathy Hochul signed an amendment to the New York Penal Law, thereby revising the notion of criminal larceny to include wage theft. This amendment serves as yet another decisive factor urging New York employers to ensure all employees are appropriately compensated, given the amplified risk of criminal prosecution.
The New York Penal Law now states, “A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or…”, implicitly encompassing wage theft under its ambit. The modified statute adds a layer of legal prerogative, further underscoring the defense of employees’ rights to lawful renumeration.
This amendment brings about new implications for corporations and law firms operating within New York. Businesses should bolster their protocols for ensuring that workers’ compensation aligns with applicable Labor Laws to avoid potential accusations of wage theft. Legal practitioners, in particular, will play a key role in safeguarding the rights of their clients in light of this change, providing critical counsel in the face of potential criminal charges.
Read more on this topic at JD Supra.