If you decide to simply take $20 out of the till to pay yourself - that's criminal theft. You get arrested, go to jail, and have to fight criminal charges.
It's one of the more blatant examples of how the laws of the United States are written to unjustly empower those with wealth that I am aware of.
Yes, it is, in California, at least (and, as of this year, if it was over $950 instead of $20, it would be felony grand theft of wages, rather than a misdemeanor theft.)
Of course, criminal process has a higher proof bar and requires a public prosecutor to care enough to do something, doesn’t improve recovery for the victim, and is usually slower, so actual recovery is probably going to happen through civil/administrative process even if a crime is on the books and applicable.
Wage theft really should be a strict liability crime -- only proof necessary to convict is that it happened, not that it was intended.
It would still take a public prosecutor to care, and the failure to pay as required is already a strict-liability tort. Not sure that enabling discretionary criminal punishment of acts that are neither intentional, reckless, nor even negligent in this domain helps anyone.
This point we disagree on. Wage theft is almost always intentional, always reckless, and should be considered negligent as a default.
Wage theft is one of the places where I am okay with guilty until proven innocent because of the huge power disparity between the affected parties.
It isnt and shouldn't be in terms of criminal law.
Someone drops a zero on you paycheck, you can sue them civially simply because it happened.
However, a simple mistake should not be a felony when there is already a path to redress accidental damages.
People should be encouraged to file, and the courts should have hearing within a reasonable timeframe, and do so efficiently.
The bottleneck is that the state does a terrible job of handling claims. califonia has an average wait time of 505 days for a hearing for people who dont drop or settle their claim. Under these conditions, most people will continue to not file claims. Especially when only 1 in 7 people that win in court actually get paid.
It doesn't help that the california government is grossly inefficient. The labor commission budget is >160 million, and issues ~50 million in judgements, of which only ~20% actually get paid. So we are talking about a program that costs 1600% more to run than the judgements it hands out.
How's that for depressing.
https://calmatters.org/california-divide/2022/09/california-...
That's not the only bottleneck. You also need to have the time and resources to pursue this, and it has to be worth your time. If your employer stole $500 from you, but it will cost you $1000 to get those wages back, it's not worth pursuing it in court. And the cost can be in terms of time that you spend on it.
A lot of wage theft is very small amounts that are individually rarely worth pursuing. They also waste a lot of government resources too, for the same reason.
So maybe individual wage theft shouldn't be a strict liability crime, but at some level, it should rise to criminal charges being brought against the management of the company. If a bunch of your employees have reported wage theft against you, and all you have to do is potentially pay them back just what you stole (as you point out, it's not even a given you'd have to pay it back) -- why would you _not_ skim a bit of your employees wages? Add in a very long statute of limitations for wage theft (say 10 years at a minimum) and the chance for management to spend 5-10 years in the clink, I suspect wage theft will decrease quite a bit.
Intent isnt a requirement to get a judgement in california, and it IS a crime.
It still takes >500 days to just get a determination that wages are owed (theft intended or not).
Most people cant prove wage theft with evidence the day it happens, let alone 10 years down the road.
Most police departments barely bother with armed robbery and auto theft. They have no legal obligation to pursue criminals. Where do you think investigating wage theft cases with flimsy evidence will rank on their priorities?
I stand by my position that the only way to improve things is ensure speedy case resolution. Make it likely employers will actually be caught and have a reasonable criminal punishment.
US criminal law isnt really set up to hand out enormous punishments just to make examples of people. 10 years in the clink for stealing $500 wages would be cruel and unusual punishment.
And no, I have no problem with forcing employers to prove their innocence instead of the other way around. There's no reason to treat business and natural persons the same way.
The most blatant thing for me will always be the tax code.
Alone way that W2 income vs long term capital gains is taxed (not to mention that losses are fully tax deductible) makes the message very clear.
Looking at the current capital gains rate is actually too rosy, since there are so many loopholes and exceptions that wealthy people can use to bring the rate down. The actual effective tax rate billionaires in the US pay is below 10%.
I doubt something like this will ever happen given how many selfish interests would fight against it. It sure would be great though if middle class workers didn't pay a higher tax rate than millionaires.
[0] I'm throwing out round numbers but have seen research that backs up figures in this ballpark.
The point is there are many such deductions that businesses straightforwardly take, that natural persons are told it's all "personal use", despite them being directly necessary to sustain person-as-an-economic-actor.
But on the second hand (and this was my main point here), these are deductions that businesses already get to take. Get routinely paid on a 1099, and see all the deductions you can take essentially by virtue of now "running your own business". It's obscene. Perhaps set up an LLC+S-corp for even more.
But on the third hand, I get the argument that if we just eliminated business deductions in general, that "thin businesses" would be impractical.
The point is that in the business context, expenses required to create income are deductible. If you get paid on a 1099, you get treated as a business and can take those deductions. You can even claim a section 179 accelerated depreciation, and immediately deduct half of the capital expense.
To offset regular income, it's only $3000 a year but losses can be carried forward (though it stays at the dollar value, no inflation is taken into account).
So often largely deductible with some caveats.
It still seems asinine that bad investments are essentially tax subsidized, but whatever.
If a contractor takes your down payment and then never installs the toilet is that criminal theft?
If a contractor installs your toilet without advance payment and then you never pay her, is that criminal theft?
To the extent that the funds were entrusted to the contractor on the premise they would be used to purchase third-party goods and services on your behalf, the crime would seem to me to be embezzlement, which is usually distinct from theft but often punished similarly and part of the broad family of property crimes. Advanced payment for services to be rendered, I’m less sure of fitting into that.
> If a contractor installs your toilet without advance payment and then you never pay her, is that criminal theft?
In California, the wage theft law applies to contract as well as W-2 employment.
Note that in either case, there may be a compensable civil wrong without the intent requirement for crime, even if the general scenario described can fit a crime.
I suspect most people would be perfectly happy with people facing criminal punishment in large scale wage theft cases. The same probably isn't true for toilet installation disputes.
Correct. The point was to raise the question, if that, why not also this?
You would then have to make sure to include a consideration of conspiracy in the case where the owners pressured the manager - just as you would consider conspiracy in a case where a thief was hired by someone else to execute a theft.
That doesn't require wealth as much as it requires equity. We get wealthier every year but we don't get more equitable, and our investment in things like education, health care, and infrastructure is definitely not rising accordingly.
It has never been the case that we simply weren't wealthy enough to build a just society, it's that our society is structured to promote inequality and maximize the influence of the wealthy.
Maybe my value system that blames wealth is misappropriating the value to wealth when really it's things that correlate with wealth? That's possible of course, but with such consistent correlation I have to imagine it's hard to separate wealth from the society that I most prefer living in.
Happy to be wrong, as equity is a lot more palatable emotionally.
I certainly won't claim that wealth isn't an important factor in outcomes, what I really mean is that it's not a great terminal goal for a society. We shouldn't be hoarding resources, we should be using them to create a better world for ourselves and for future people.
In truth we waste a stupendous amount of money and human potential by, for instance, introducing a system of unnecessary middle men (insurance companies) to the healthcare system rather than negotiating with pharmaceutical companies as a nation with astronomical buying power.
Human potential, I'll note, is worthy in it's own right, but is also a very valuable through a strictly economic lens. People who meet their potential contribute immensely to the economy, people who aren't able to because their society never bothered to invest in them may contribute not not nearly as much as they could have. Eg, if we hadn't funded NASA, we wouldn't have a space industry (to say nothing of the many other industries that benefited in ancillary ways).
It's hard to judge someones true intent, but I don't know that I've ever met a person that opposes benevolent programs of any sort if they aren't associated with costs. So if people truly do oppose social programs based only on the cost (both direct and indirect) I do believe that's an ethically defensible position. It's hard for me to imagine a person who doesn't want programs that help people, though and only uses cost as a way to shroud their ill-intent. I hope you're wrong about these people existing.
I think the confusion here may be that you're seeing things through your own ideological lens (as we all do) and so you've classified these as "not truly benevolent?" (I don't mean that as a criticism, just a shot in the dark.)
> handouts make people dependent on the government
This is a judgement based on cost - you or I may disagree with the value of the cost, but it is a centralization cost which increases risk. Playing devils advocate, but if your livelihood becomes dependent on a government program and you also watch government programs risking collapse (such as US social security) then the risk becomes obvious that it exists (and each individual will decide for themselves how likely this risk is to manifest)
> the government shouldn't have a say in our healthcare
I think this statement doesn't really fall into the category of things we're talking about. There's nothing about governments involvement in healthcare that means the program is better or worse or more/less benevolent. It would depend on the government and their involvement.
> the government shouldn't decide whether my child learns about X
I would a similar argument as the previous for this.
This is what I meant about "not truly benevolent," it certainly is the case that these are arguments that the social programs don't help people. All well and good, but my claim was that they were ideologically opposed to social programs, not anything about whether they were opposed to people being helped or something. I never said that at all.
> This is a judgement based on cost
But it isn't. It's a view about outcome, not cost. If we reduced the cost to zero somehow (obviously impossible but bare with me), their objection wouldn't disappear because it hadn't been addressed.
> I think this statement doesn't really fall into the category of things we're talking about. There's nothing about governments involvement in healthcare that means the program is better or worse or more/less benevolent. It would depend on the government and their involvement.
I'm not making a statement about being more out less benevolent, I'm saying this is an ideological statement, which it transparently is. "The government shouldn't have a say in healthcare/education" isn't any kind of factual claim. It's a claim about how the world ought to work.
I don't see how wealth of the nation helps someone in any way when their piece of it is so small that they can't afford food, healthcare and roof over their head. How is even rational to value something that is actively used to take what little they to enrich "nation".
Sometimes that causes companies to abruptly shutdown and not meet payroll.
It should be criminal to sign a term sheet and not wire funds, and even in the case of a handshake deal employees should have recourse to get their last paycheck with that investor AND extend their H1B validity for an additional 6 months to find a job.
* Time theft causes U.S. employers more than $400 billion per year lost in productivity.
* In a survey done in 2015, 43% of employees admitted to deliberately committing time theft. And, 25% of employees admitted to reporting more hours than they actually worked 75% to 100% of the time!
"Time theft" should be stealing the employees' time, by not paying.
Pretending to work could be called "wage theft" too, as the employee could be comsidered stealing wage from the employer.
Edit: Oh ... ye ok got it. "Time theft" works both ways too.
How? Isn't this a whataboutism?
And do your bullet points have sources? They sound like the sort of thing a corrupt business would falsely report.
I am trying to parody the point that as soon as we decide that theft can mean whatever we wish it to (for presumably good reasons), then that implicitly allows everyone (including people you’d rather didn’t) to use theft to mean whatever they want it to.
Civil forfeiture is not theft (although it certainly feels like it to victims, and there are similarities between the two concepts).
Thread root claims wage theft is a bigger problem, and I am balancing that with time theft.
Sorry for stealing your attention.
Today I'm a SWE, writing this comment while working from home. I often get praises by my manager for my work. I plan to clean my apartment this afternoon and maybe do some groceries. Never heard anything about time theft at my current workplace.
Unfortunately, managers can see how many boxes are left in a truck and how many were unloaded, they can't really see how many more line of codes are needed to finish a feature or how much thinking about the problem is required to find a solution.
How do you figure?
The way I see it, civil forfeiture IS theft. Taking something that belongs to someone else without their consent is theft and that seems to be precisely what civil forfeiture consists of. Just because a court has labelled it differently if someone in a blue hat does it does not make it suddenly not theft. It is simply court-sanctioned theft.
Words can mean whatever we want.
“Theft from the government” could be defined as someone being insufficiently civil, or someone showing insufficient altruism towards other citizens.
edit: and evidently are topics that will get articles nuked off the front page here