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Gillibrand: The Don’t Steal Act

September 2, 2026

FROM U.S. SENATOR KIRSTEN GILLIBRAND: Ahead of Labor Day, U.S. Senator Kirsten Gillibrand (D-NY) announced the Don’t Stand for Taking Employed Americans’ Livings (Don’t STEAL) Act, which would make large-scale wage theft a felony nationwide. Representative Seth Magaziner (D-RI-02) and 28 cosponsors have introduced companion legislation in the U.S. House of Representatives. “Working Americans deserve to take home every penny that they have earned, and employers who cheat their employees out of hard-earned wages must be held accountable,” said Senator Gillibrand. “Ahead of Labor Day, I am proud to announce this bill to bring the punishment for wage theft in line with other forms of criminal theft. This is commonsense legislation to help protect workers, and I am determined to get it passed. It is outrageous that in the United States of America, someone can face jail time for stealing a television but get only a slap on the wrist for stealing wages from a worker’s paycheck,” said Representative Magaziner. “I am grateful to Senator Gillibrand for leading the fight in the Senate to make wage theft a federal crime and hold accountable bad actors who cheat working people out of their hard-earned pay. I look forward to working with her to pass the Don’t STEAL Act in both chambers and get it signed into law.”

Wage theft takes many forms, including employers refusing to pay promised wages, paying subminimum wages, failing to pay for all hours worked, or not paying overtime premiums. Every year, over $15 billion is stolen from workers by their employers. In 2025, the U.S. Department of Labor recovered more than $259 million in back wages and damages owed to 176,957 workers, representing just a fraction of wage theft that occurred that year. This kind of wage theft impacts workers across industries and of all income levels, but it has a more profound impact on low-wage workers, who can least afford to bear the cost of lost earnings. The Don’t STEAL Act would help protect workers by strengthening penalties for wage theft, bringing them in line with other forms of criminal theft under federal law. Under this legislation, employers who willfully fail to pay wages, deny overtime, or steal tips will face misdemeanor or felony charges depending on the severity of the violation. Currently, wage theft is treated at most as a misdemeanor. The Don’t STEAL Act also brings penalties for wage theft in line with other common forms of theft under federal law. Today, employers who commit willful wage theft can be fined no more than $10,000. This bill eliminates that cap and requires fines to be proportional to the amount of wages stolen. This legislation is endorsed by 15 organizations, including AFL-CIO and several other labor unions. Senator Gillibrand plans to formally introduce the Don’t STEAL Act when the Senate returns to session later this month.


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