Wage Theft is Now a Larceny Criminal Offence in New York!

New York amended its criminal laws, effective September 6, 2023, to include wage theft as one of the types of activities included in the definition of the crime of larceny. In New York, larceny can carry a prison sentence from one to 25 years, depending on seriousness of the offense.

Under the amended law, a person commits larceny by wage theft “when he or she hires a person to perform services and the person performs such services and the person does not pay wages, at the minimum wage rate and overtime, or promised wage, if greater than the minimum wage and overtime, to said person for work performed.” The amended law allows a prosecutor to aggregate non-payments or underpayments to an entire workforce into a single larceny charge.

To avoid potential legal liabilities, including possible criminal liability, employers in New York should regularly review their pay practices to ensure compliance with applicable minimum wage, overtime, and contractual obligations.

If you have questions about your business’ pay practices, please schedule a complimentary consultation with us through our online scheduling system.

Information contained in this blog is provided for informational purposes and does not constitute legal advice or opinion. You should consult with an attorney regarding the specifics of your matter or legal issue.