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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