'Jury Is Out' on New NY Wage Theft Law

Labor, Employment and Benefits attorney Loren Forrest was quoted in a Law360 article that analyzes a new law in New York incorporating wage theft into the state's larceny statute and discussing how the law will be enforced. Mr. Forrest explained that the current larceny statute is fairly straightforward — it is the taking of someone's property.

"Intent is implied by the action, not by the actual mental state of the employer. That's a low bar to me," he said.

Mr. Forrest also talked about how the new law interacts with New York's Wage Theft Prevention Act, which took effect in 2011 and heightened penalties for employers, including the possibility of 100 percent liquidated damages equal to unpaid wages owed.

"I think the difference to me is more that employers now could be in a criminal venue," he added.

READ: 'Jury Is Out' on New NY Wage Theft Law (Subscription Required)