Carolyn Kendall, Andrea Kirshenbaum, and Abe Rein Examine Wage Theft Enforcement Issues for the Construction Industry for The Legal Intelligencer
In the August 20, 2021, article, "Construction Companies’ Wage-and-Hour Noncompliance Viewed as 'Wage Theft'," for The Legal Intelligencer, Carolyn H. Kendall, Andrea M. Kirshenbaum, and Abraham J. Rein examined the rising criminal and civil legal issues for construction companies related to wage and hour compliance - or so-called "wage theft."
The authors note:
"Traditionally the focus of wage-and-hour compliance disputes has been in the civil realm, either through private litigation or through the Department of Labor’s enforcement authority under the Fair Labor Standards Act (FLSA), which lays out employer obligations to pay minimum wage and overtime, and sets requirements regarding child labor and recordkeeping. But in recent years, prosecutors have increasingly used Section 216(a) of the FLSA—which provides for imprisonment for willful violations—to criminally prosecute employers for wage and hour noncompliance."
"This trend has focused primarily on the construction industry, in both union and nonunion businesses. Construction companies should be aware of this increasing trend toward criminal prosecution and civil penalties."