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Employers Must Be Mindful of Pay Practices

As criminal charges for underpayment of workers becomes increasingly common, employers should consider working with outside counsel to analyze their wage-related compliance.

By Carolyn H. Kendall & Abraham J. Rein | May 04, 2021 at 02:47 PM

In 2015, speaking at a Labor Day campaign event, former Presidential candidate Hillary Clinton told a crowd, “I’m going to make sure that some employers go to jail for wage theft.” Her statement raised the possibility of incarceration for employment-related failures, which had traditionally been viewed as primarily the province of private civil litigation or regulatory enforcement.

Jailing an employer for, say, failing to provide sufficient fringe benefits on a government-funded job was, to many, an alarming prospect.

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