State and Local Government Agencies
New State and Local Government Labor Enforcers
The NYU Wagner Labor Initiative works closely with government offices that are new to the area of worker protections, providing trainings; offering technical assistance; facilitating connections with experts, advocates, and worker organizations; and creating a network of enforcers collaborating and sharing best practices. The Labor Initiative convenes working groups that create communities of practice, with monthly virtual meetings for (1) lawyers at State Attorney General offices; (2) prosecutors at District Attorney or other criminal prosecutors’ offices; and (3) enforcers and policymakers at city and county labor agencies.
Reports
- Protecting Workers: Wage Theft Enforcement for the Local Prosecutor Issued by the Institute for Innovation in Prosecution at John Jay College, July 2022.
- How district attorneys and state attorneys general are fighting workplace abuses, Economic Policy Institute and Harvard Labor and Worklife Program, May 17, 2021.
- Preventing Death and Injury on the Job: The Criminal Justice Alternative in State Law, Center for Progressive Reform, March 2016.
Webinars
- Prosecutions of wage theft and other employer crimes, webinar hosted by Economic Policy Institute, May 18, 2021, featuring Boulder County (CO) DA Michael Dougherty and Travis County (TX) DA Jose Garza, among other speakers.
- Video recording of Economic Justice panel webinar hosted by Travis County DA’s office (Austin TX), September 8, 2021
- Criminal Enforcement of Environmental Violations 3: Workplace Safety Prosecutions, webinar hosted by NYU State Energy & Environmental Impact Center, September 12, 2022.
Law Review Articles
- Anthony Damelio,Making Wage Theft Costly: District Attorneys and Attorneys General Enforcing Wage and Hour Law, 49 Fordham Urb. L.J. 109 (2021).
- Terri Gerstein, State and Local Workers’ Rights Innovations: New Players, New Laws, New Methods of Enforcement, 65 St. Louis U. L.J. 45 (2021) (see pp. 63-71 regarding prosecutors)
- Ben Levin, Wage Theft Criminalization, 54 U.C. DAVIS L. REV. 1429 (2021) (opposing).
- César F. Rosado Marzán, Wage Theft as Crime: An Institutional View (March 21, 2020). 20 Journal of Law & Society 300 (2020).
- Annie Smith, The Underprosecution of Labor Trafficking, 72 S.C. L Rev. 477 (2020).
Op-Eds on Criminal Prosecution of Wage Theft
- Nathan Newman, Progressive Policing Requires a Well-Funded War on Corporate Crime, The American Prospect, February 2, 2021.
- Lucy Lang, Prosecutors should protect workers from white collar crime, City & State New York, April 14, 2020.
- Diana Florence, Defending workers is now life-and-death: What essential employees need in the coronavirus crisis, New York Daily News, April 5, 2020.
- Terri Gerstein, More states should follow new Colorado policy on wage theft, The Hill, May 30, 2019.
- Terri Gerstein, Stealing From Workers is a Crime. Why Don’t More Prosecutors See It That Way?, The Nation, May 24, 2018.
Select News Coverage About the Trend of Prosecutors Bringing Wage Theft and Other Worker Exploitation Cases
- Tania Savayan, Westchester DA Mimi Rocah creates new role to fight wage theft, lohud.com, April 19, 2023.
- Micaela A. Watts, DA Mulroy’s office to revamp unit that focuses on worker exploitation in Shelby County, Memphis Commercial Appeal, April 18, 2023.
- Multnomah County District Attorney Mike Schmidt discussing his office’s involvement in fighting wage theft and protecting workers, April 2023.
- NBC New York Staff, Manhattan DA Unveils New Unit to Combat Wage Theft, Protect NYC Workers, NBC New York, February 16, 2023.
- Ben Christoper, Cracking Down on Wage Theft, Cal Matters, October 24, 2022.
- Jamie Goldberg, Multnomah County district attorney moves to prosecute employers who intentionally cheat workers out of pay, The Oregonian, April 29, 2022.Max Nesterak, Commerce Fraud Bureau to get new powers to investigate wage theft, other financial crimes, Minnesota Reformer, May 25, 2022.
- Daniela Porat, A Growing Trend: Treating Wage Theft As A Criminal Offense, Law 360, September 23, 2021.
- Radmilla Suleymanova, Bad bosses: US prosecutors crack down on labour violations, Aljazeera, May 18, 2021.
- Christina Bravo, DA Announces Dedicated Unit to Prosecute Workplace Crimes, NBC San Diego, Feb. 22, 2021.
- Chris Opfer, Prosecutors Treating ‘Wage Theft’ as a Crime in These States, Bloomberg Law, June 26, 2018.
OnLabor Blog Posts Regarding Criminalization of Wage Theft (Pro and Con)
- Ben Levin, Rethinking Wage Theft Criminalization, April 13, 2018 (con).
- Terri Gerstein and David Seligman, A Response to “Rethinking Wage Theft Criminalization,” April 20, 2018 (pro).
- Ben Levin, Prosecutorial Power, Prisons, and the Problem with Wage Theft Criminalization: A Reply, April 30, 2018 (con).
- Michael Migiel-Schwartz, Why District Attorneys Should Take Up Wage Theft Criminalization, February 22, 2021 (pro).
Reports
- Quick Fixes to Lock in Wins for Workers: How States Can Preserve New Federal Protections, National Employment Law Project, November 26, 2024 (co-author Paul Sonn).
- A Role for State Attorneys General in a Just Transition, Harvard Labor and Worklife Program and NYU State Energy & Environmental Impact Center, December 2022 (co-authors Bethany Davis Noll and Tiernaur Anderson).
- How district attorneys and state attorneys general are fighting workplace abuses, Economic Policy Institute and Harvard Labor and Worklife Program, May 17, 2021.
- Workers’ rights protection and enforcement by state attorneys general, Economic Policy Institute and Harvard Labor and Worklife Program, August 27, 2020.
- State attorneys general can play key roles in protecting workers’ rights, Economic Policy Institute, May 7, 2018 (co-author Marni von Wilpert).
Op-Eds, Blog Posts, Articles
- The Role of State Attorneys General in Protecting Workers’ Rights, American Constitution Society blog, September 4, 2022.
- Terri Gerstein, State attorneys general taking on protection of workers’ rights, Economic Policy Institute Working Economics blog, December 16, 2020.
- Re-Envisioning the Roles of Prosecutors and Attorneys General to Make the Justice System Work for Everyone, Stanford Social Innovation Review, Winter 2020 (co-author Arisha Hatch).
- State Attorneys General Are Helping Workers in Hard Times, The American Prospect, September 7, 2020.
- Why a Vote for State Attorney General Is One of the Most Important Ballots to Cast on Tuesday, Slate, November 2, 2018.
Webinars
- State AGs Protecting Workers’ Rights Roundtable, October 26, 2020, featuring D.C. Attorney General Karl Racine, Illinois Attorney General Kwame Raoul, Minnesota Attorney General Keith Ellison, and Pennsylvania Attorney General Josh Shapiro. (available on this page, go to the black video space in the middle of the page).
- State Attorneys General as Protectors of Workers’ Rights, hosted by the Economic Policy Institute and the Harvard Labor and Worklife Program, featuring AG labor bureau chiefs from CA, IL, MA, NY, PA.
Law Review Articles
- Bethany Davis Noll and Terri Gerstein, Examining the Role of AGs in a Just Transition, 40 Pace Envtl. L. Rev. 198 (2023)
- Jennifer Brand, The Role of State Attorneys General in the Enforcement of Labor Laws, National State Attorneys General Program at Columbia Law School (Feb. 2007).
- Jane R. Flanagan, Alt-Enforcers : The Emergence Of State Attorneys General As Workplace Rights Enforcers, 95 Chi.-Kent L. Rev. 103 (2020).
- Peter Romer Friedman, Eliot Spitzer Meets Mother Jones: How State Attorneys General Can Enforce State. Wage and Hour Laws, 39 COLUM. J.L. & SOC. PROBS. 495 (2006).
- Terri Gerstein, State and Local Workers’ Rights Innovations: New Players, New Laws, New Methods of Enforcement, 65 St. Louis U. L.J. 45 (2021).
Select News Coverage About the Trend of State AGs Getting Involved in Workers' Rights
- From tackling payroll fraud to suing Trump: Nessel recognized as leading AG on workers’ rights, Laina G. Stebbins, Michigan Advance, September 7, 2020.
- State AGs Taking On Bigger Workplace Enforcement Role, Braden Campbell, Law360, August 28, 2020.
- Pa. is part of growing movement of state AGs defending workers’ rights, report finds, Juliana Feliciano Reyes, The Philadelphia Inquirer, August 27, 2020.
Reports by State AG Offices
- 2022 Labor Day Reports: California, D.C., Illinois, Massachusetts, Pennsylvania, Washington.
- Sampling of prior Labor Day Reports: Massachusetts, New York, Washington.
- Massachusetts AG office 2022 report about its work in the construction industry.
- Minnesota AG 2022 report following a Task Force on the Economic Security of Women, offering a number of policy proposals.
- DC AG 2019 report on misclassification and payroll fraud in the DC construction industry.
- NY AG 2014 report on payment of wages by payroll cards.
Reports
- The role of local government in protecting workers’ rights, Economic Policy Institute, Harvard Labor and Worklife Program, Local Progress, June 13, 2022 (co-author LiJia Gong). Related: One page checklist on how local government can advance workers’ rights
- How district attorneys and state attorneys general are fighting workplace abuses, Economic Policy Institute and Harvard Labor and Worklife Program, May 17, 2021.
- How States and Cities Can Respond to Workers’ Demands for Economic Security, Health and Safety Protections and Workplace Democracy, EARN Network of Economic Policy Institute and National Employment Law Project, December 17, 2020.
- How States and Localities Can Protect Workplace Safety and Health, Harvard Labor and Worklife Program and National Employment Law Project, May 15, 2020 (co-authors Jane Flanagan and Patricia Smith).
- Jane Flanagan and Terri Gerstein, State and local labor standards enforcement during COVID-19, Economic Policy Institute and Harvard Labor and Worklife Program, April 28, 2020.
Op-Eds, Blog Posts, Articles
- The Growing Role of Localities in the United States in Enacting and Enforcing Protections for Gig Economy Workers, Competition Policy International, TechREG Chronicle, July 20, 2022 (co-author LiJia Gong).
- Cities are leading in efforts to advance workers’ rights, Mayors Innovation Project blog, July 5, 2022 (co-author LiJia Gong).
- How Local Governments Are Advancing Workers’ Rights, and Why Even More Should Get Involved, Route Fifty, June 28, 2022 (co-author LiJia Gong).
- Local governments stepping in to bolster workers’ rights, Economic Policy Institute Working Economics blog, June 13, 2022 (co-author LiJia Gong).
- Worker Safety Standard Enforcement Policies, Local Progress Dare to Imagine Briefing, January 19, 2021.
Webinar
Laboratories of Experimentation: Local Governments at the Forefront of Advancing Workers’ Rights, October 12, 2022, featuring Boston Mayor Michelle Wu; New York City Comptroller Brad Lander; Durham City Council Member Jillian Johnson; Seattle City Council Member Teresa Mosqueda; SEIU 32BJ General Counsel Katchen Locke; Local Progress Policy Director LiJia Gong; and Director of State and Local Enforcement Project (Harvard Labor and Worklife Program) Terri Gerstein. Hosted by Harvard Labor and Worklife Program and Local Progress.
Law Review Article
Terri Gerstein, State and Local Workers’ Rights Innovations: New Players, New Laws, New Methods of Enforcement, 65 St. Louis U. L.J. 45 (2021).
Select News Coverage About the Trend of Cities and Localities Getting Involved in Workers' Rights
- Report: Public development subsidy deals should guarantee better jobs, working conditions, Erik Gunn, November 29, 2022.
- How do gig workers fit in to the rest of today’s labor force? David Brancaccio and Jarrett Dang, Marketplace, Aug. 31, 2022.
- In the Face of Federal Inaction, Local Governments Tackle Labor Issues, Mark Kreidler, The American Prospect, July 19, 2022.
- Local Governments Mobilize to Support Working Citizens, Carl Smith, Governing Magazine, July 14, 2022.
- Local Policies Fill the Gaps in Workplace Protections Where State, Fed Laws Fail, Fisayo Okare, Documented, June 16, 2022.
Materials About State Preemption of Local Laws
- Fighting Labor Policy Preemption That Undermines Local Power and the Democratic Process, National Employment Law Project, October 27, 2022.
- Julia Wolfe et al., Preempting progress in the heartland, Economic Policy Institute, October 14, 2021.
- Hunter Blair et al., Preempting progress, Economic Policy Institute, September 30, 2020.