Criminal Enforcement of Labor Laws

In addition to helping workers whose rights have been violated in a civil setting, the Labor Bureau in some cases criminally enforces New York Labor Laws, such as the following:

Failure to pay wages - in New York, it is a misdemeanor for an employer to fail to pay a worker.

Minimum Wage - in New York, it is a misdemeanor for an employer to fail to pay a worker the minimum wage.

Retaliation - in New York, it is a misdemeanor for an employer, or an agent of an employer, to retaliate against an employee who has filed a complaint against the employer under the Labor Law.

Unemployment Insurance - in New York, employers are liable to pay contributions to the Unemployment Insurance Fund, and a willful failure to pay the contributions is a misdemeanor.

Prevailing Wage - in New York, employers, including all contractors and subcontractors, on all public works projects must pay the “prevailing wage.” If an employer fails to pay the prevailing wage and the underpayments in the aggregate are more than $25,000, then the employer is guilty of a felony.

Workers Compensation Insurance - in New York, it is a felony for an employer with more than five employees to fail to have workers compensation insurance.

If you have been the victim of any of these crimes, please file a complaint with this office by filling out one of the complaint forms available here (also available in Spanish). Complaint forms can be emailed to Labor.Bureau@ag.ny.gov, faxed to (212) 416-8694, or mailed to the Bureau.