Jeffrey (Jeff) H. Ruzal, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360 Employment Authority, in “Employer's Intent Key to Wage Theft Prosecution,” by Daniela Porat. (Read the full version – subscription required.)
Following is an excerpt:
The delta between criminal wage theft and civil wage and hour violations is large, but unpacking the differences between them offers important lessons about intent and the power of the penal code to deter bad behavior, attorneys say. …
The underlying allegations and evidence in criminal and civil wage cases are "commonly rooted," said Jeff Ruzal, member of management-side firm Epstein Becker & Green PC.
"In a lot of ways, it's going to be the same sort of factual investigation. A lot of the same questions will be asked at a deposition. A lot of the same testimony would be elicited if there were ever to be a trial," he said. "There is a lot of overlapping fact-related matter."
But the difference comes down to intent.
"I think criminal prosecution is going to be reserved for a very distinct group of alleged bad actors, where there is support for the allegations that they purposefully did not pay wages or engaged in wage theft knowingly," Ruzal said.
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