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Stealing from a restaurant is a criminal matter because you're taking (by force or concealing your actions) what doesn't belong to you. A restaurant not paying
by anonchan 5y ago
Stealing from a restaurant is a criminal matter because you're taking (by force or concealing your actions) what doesn't belong to you. A restaurant not paying wages is a civil matter because they failed to fulfill their contractual obligations to pay you and are in debt. Arguing that taking money by force and not paying money are equivalent is comparing apples and oranges.
(It may be appropriate to criminalize failing to pay employees, but I'm not sure about the first and higher-order effects of doing so, or how to craft legal principles and laws with the right incentives, while avoiding special cases like the laundry list of exemptions to California's AB5.)
- NoahTheDuke 5y agoI love the phrase “comparing apples to oranges” because while I know the intended meaning, the literal meaning is the opposite: they’re both sweet fruits that are common in western society, they’re sliced and juiced and used in a variety of dishes, and they are readily available. The difference between “stealing cash” and “wage theft” is only a difference in perspective. The employee didn’t perform any labor to earn the money they took so they’ve broken the contract and now they’re in debt to the restaurant. Likewise, an employee’s labor is a fungible resource they control and the expenditure of it that solely benefits the restaurant through a lie (concealing their actions) is no different than someone scamming the person at the register and walking out without paying.
- ineptech 5y ago> A restaurant not paying wages is a civil matter because they failed to fulfill their contractual obligations to pay you... That's tautological. The actual reason it's a civil matter is because the people who write and interpret the law want it that way, yes?