Wage Theft as a Crime: States Escalate Enforcement with Criminal Prosecution
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...