NEW YORK AMENDS CRIMINAL LARCENY STATUTE TO INCLUDE WAGE THEFT

New York employers have another reason to ensure that all employees are properly paid – the risk of criminal prosecution.

According to the New York Penal Law, "a person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof." N.Y. Penal Law § 155.05(1). The amendment now defines "property" to include "compensation for labor or services" and adds "wage theft" as a means to commit larceny. 

The amended law takes effect immediately. New York employers should review their pay policies and practices in light of the amendment to ensure they are in compliance with their obligations under the wage and hour laws, including by taking the following actions: 

• Review wage notice and wage statement requirements to ensure compliance with the Wage Theft Prevention Act; 

• Promptly respond to employee requests for wage information; 

• Ensure employees (and independent contractors) are properly classified under the Fair Labor Standards Act and New York Labor Law; and 

• Audit payroll processes generally;

  This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship. 

  For more information on this and other topics, please contact Kevin via any of the channels listed below:

  📧 kevin@kmckernan.com  | 📞 718-317-5007