A business owner who makes a minor mistake shouldn't end up going to jail, Rep. Keith Wheeler (R-Oswego) argued on Tuesday during House debate on an anti-wage theft bill.
“There is a reason why the business community is united against this bill, even though I think we are all in agreement that people should get paid to do their work,” Wheeler said. “This doesn’t necessary address the problem that you are bringing forward by virtue of the fact that we are just going to threaten business owners and employers that they could be actually charged with a felony for making a clerical error. It’s something that this doesn’t really have protection for in the language.”
SB1720, presented by Rep. Elizabeth Hernandez (D-Cicero), would increase the penalties for employers who repeatedly engage in wage theft. Employers found to willingly and repeatedly withhold up to $5,000 of wages from their employees would be guilty of a Class A misdemeanor, while those that withhold more would face Class 4 felony charges.
Hernandez argued that the bill applies only to the “bad actors,” but Wheeler countered that it would make it harder for employers in an already difficult situation.
“If an employer is going to put themselves on the line by employing someone and going through all the aspects that we require them to, with the federal and state regulatory processes that are in place now, and we are adding to the penalties in case they make a mistake … it’s not an easy task,” Wheeler said. “We don’t make it easy for them.”
Wheeler also contended that there would be no protection for employers who make mistakes or are the victims of false claims.
“The second part of my concern is that you’re inviting bad actors on the other side now to say, ‘Hey, you know what? We’re going to file a complaint against you,’” Wheeler said. “This is just taking a problem that is bad … and making it worse for employers. There is no good side to this bill that I see so far.”
SB1720 passed the House 67-48.
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