Stolen Wages and Labor Enforcement

Unfortunately, it’s not really news that a lot of employers steal the wages of their workers and that immigrant workers are especially vulnerable to this problem given how many lack documentation. But even if those workers do successfully sue for back wages, do the employers actually pay them? We are seeing a breakdown in the system at that point. Owners are taking advantage of legal loopholes, opening and closing businesses, in order to avoid paying these workers. New York labor activists are looking to close those loopholes:

Two years ago, legislation was introduced by State Assemblywoman Linda B. Rosenthal and State Senator José R. Peralta that was intended to limit the gamesmanship, but it never left committees. A new version of the bill will be offered next week. It would make it possible for workers to file a wage lien, similar to a mechanics’ lien. The bill would change the civil court procedures to allow a judge to attach assets before a case has concluded if the workers can show they are likely to succeed. Its third important provision would make it easier to hold primary shareholders of corporations liable for unpaid wage judgments.

The changes are not intended to hold businesses hostage to frivolous claims, according to Hollis Pfitsch, a staff attorney at Legal Aid.

I think the need to hold individuals responsible is absolutely crucial here. If there’s not real personal punishment against wage thieving employers, there is no reason for employers to not continue doing this.