Does New York’s Wage Payment Law Have a Gaping Loophole?
Article 6 of the New York Labor Law (Labor Law §§ 190-199-a) is a fee-shifting statute, the overall intent of which is to protect employees from having their rightful wages kept from them.[1] The statute “reflects the state’s ‘longstanding policy against the forfeiture of earned but undistributed wages.’”[2] To protect employees and remedy the imbalance of […]
Labor Law Article 6: Is There a Difference Between ‘Deducting’ and ‘Failing’ to Pay Wages
Published in New York Law Journal (Nov. 14, 2018). The idea of a distinction between “deducting” and “failing to pay” wages under section 193 first appeared in 2007 in Monagle v. Scholastic, Inc., forty-one years after Labor Law section 193 was enacted. Monagle asserted: “Section 193 has nothing to do with failure to pay wages […]
Labor Law Article 6: A Misunderstood Law that Fully Protects all Employees’ Wages
Posted with permission by the Albany Law Review. The correct citation is: Scott A. Lucas, Labor Law Article 6: A Misunderstood Law that Fully Protects All Employees’ Wages, 80 Alb. L. Rev. 1355 (2016/2017). INTRODUCTION Wage theft occurs when an employer fails to pay wages or benefits owed.1 It harms low-income employees the most.2 But depriving almost […]