Second, failure to include liquidated damages removes an essential deterrent for employers not to break the law.
Third, federal law provides that willful or repeated violations warrant the imposition of civil monetary penalties, but this Program leaves penalties out of the equation.
Fourth, it seems that PAID program will not require employers to pay employees any applicable higher state or local minimum wage, over time wage rates, or to pay wages owed during longer state statute of limitations period.
Fifth, employers currently under investigation by state AGs or labor enforcement authorities may still participate in the PAID program.
New York AG will continue to prosecute employers violating labor laws
In a statement, Schneiderman reiterated his view that the PAID program is a “Get Out of Jail Free card for predatory employers.” Their coalition will not stand by as the Trump Administration grants amnesty to those who commit wage theft.
“I want to be clear to those doing business in New York: we will continue to prosecute labor violations to the fullest extent of the law, regardless of whether employers choose to participate in the PAID Program – because all workers deserve a fair day’s pay for a fair day’s work,” said Schneiderman.
