Compliance Stuff

In a significant shift in labor law enforcement, states and localities across the United States are increasingly treating wage theft not merely as a civil infraction, but as a criminal offense . This trend in certain jurisdictions reflects a growing movement that the intentional denial of wages—whether through unpaid overtime, minimum wage violations, or misclassification of workers—should be prosecuted with the same seriousness as other forms of theft. A Shift Toward Criminalization Historically, wage and hour violations have been addressed through civil penalties, administrative fines, or private lawsuits. Enforcement agencies, such as the federal and state departments of labor, have traditionally exercised discretion in issuing civil penalties, liquidated damages, or other remedies for wage underpayments. However, a growing number of states and localities are now imposing criminal penalties for willful or repeated wage violations, with penalties ranging from fines to imprisonment. F...

  The New York State Clean Slate Act (“Clean Slate Act”) takes effect Saturday, November 16, 2024. Littler   previously summarized   the requirements of the statute when it passed the state legislature and was signed by Governor Hochul last year. In short, to relieve the barriers to employment for persons with criminal convictions, the Clean Slate Act automatically seals misdemeanor and certain felony criminal records, as follows: Misdemeanors are sealed three years from the individual’s release from prison or from the imposition of sentence if there was no incarceration; and Felonies are sealed eight years after release from prison or from the imposition of sentence if there was no incarceration. The Clean Slate Act exempts certain categories of serious offenses, and does not seal the following convictions: Class A felonies (very serious felonies including murder, treason, arson, terrorism kidnapping—excluding certain Class A drug convictions); Sexually Violent Offenses...