I have definitely settled on the idea that you don't really know what you're talking about. You certainly don't understand the law and you're just throwing out opinions and hypotheticals that fit the way you want to see the world even though they have no basis in fact or reality.
You said "Theft is generally defined to be the taking of personal property of another without permission with the intent to deprive them of it." That's another thing you've finally gotten right (Congrats!). Now, just take the next logical step and understand that money that an employee earns is their personal property. If an employer deprives them of that, there's nothing else to call it but theft. The fact that we further specify and call it wage theft is only to more accurately describe what the employee is being deprived of - their wages. It's no different than the fact that we use terms like car theft and identity theft to describe what is being stolen.
As for your mostly nonsensical and not-really-relevant hypotheticals:
- No one is talking about a business declaring bankruptcy - that's a completely different discussion and no one has brought it up.
You are the one that claimed that it is wage theft anytime an employee isn't paid what they are owed. I am trying to help you understand that you don't even have a functional definition of what wage theft is, much less how different things that are referred to as wage theft would fall under any generally accepted definition of theft. Again, wage theft is a term of art. Things are described as wage theft because certain people want to describe them as wage theft, not because they fit under any generally accepted definition of theft.
- Your "examples" of the minor and the immigrant are also worthless because we're not discussing employees potentially stealing from employers. That is a separate discussion. But, broadly speaking, an employee can't commit wage theft against an employer because the money flows the other way.
Again, I'm trying to help you understand your ignorance. Just because an agreement is not valid under the law does not mean that participating in the agreement converts it to theft.
- If that nanny is entitled to social security contributions, not giving them to her is absolutely wage theft. Simply agreeing to a deal doesn't negate the law, which is in place to try to stop people like this imaginary nanny from being taken advantage of.
Why would you assume the nanny is being taken advantage of? Most likely, she is taking higher cash compensation than she would get over the table, and she is also gaining by not having to report it as taxable income. If she is really lucky, she is married and will still have the benefits of social security. She is a participant in illegal activity. Nothing is being taken from her without her permission. She is most likely coming out ahead financially by getting more than she would receive in the future, even without a discount. At the very worst, she is trading future benefits for current compensation and whether you feel like she is coming out ahead or behind depends on what you think the appropriate discount rate is. But under your "definition" of theft, she is a victim of theft by receiving more money than she would be entitled to if the law was followed.
I'm going to try one more time to explain this simply, because I have hope that you can understand actual facts.
- The total amount of compensation in and of itself is not what constitutes wage theft.
I have never claimed that it is.
- You also generally can't compare Person A to Person B to figure out if wage theft is going on. You can only look at what Person A was paid compared to what they earned. And completely separately, you look at what Person B was paid compared to what they earned.
If Person A has earned $1,000 in a week as an hourly employee and their employer pays them that $1,000, all is good with the world.
If Person B has earned $2,000 in a week as an hourly employee and the employer only pays them $1,900, that's wage theft.
The fact that Person B is making more than Person A is completely irrelevant.
The fact that Person B might be happy with that $1,900 is also irrelevant.
I've never argued about what constitutes wage theft except to point out that your definition of it is wrong. Just pointed out that wage theft is not a type of theft the way grand larceny is a type of theft.
- Once an hourly employee works past 40 hours, it qualifies as overtime. You can't just say "I'll pay you $1,000 for 50 hours or work." You have to account for those extra 10 hours differently and pay that employee commensurately. Math is hard, I get it. That doesn't change the law. The fact that you want to keep that agreement simple also doesn't change the law.
Some math is hard for some people. For example, some people would claim that an hourly worker with a $10 an hour wage that gets paid $550 for a 50 hour week is a victim of wage theft.
- Just because an employer and an employee agree to a deal, it doesn't magically waive away the FLSA nor does it absolve the employer from not paying the employee fairly.
It doesn't remove them from the requirements of the FLSA. FLSA doesn't have anything to do one way or the other with paying an employee fairly. You can pay somebody much less than what the vast majority of people would consider fair under FLSA. You can pay them considerably more than what the vast majority of people would consider fair and still run afoul of FLSA.
And yes, even though you don't like it, the way jobs are structured is absolutely important. The way the pay is calculated is important. Someone making $1,000 in a week may be getting paid fairly. Someone else making $1,000 in a week may be a victim of wage theft.
I've never claimed that it wasn't legally important or disputed what's included in the term of art "wage theft".
You are more than welcome to say "I don't agree with the rules that are in place" or "I think the FLSA should make allowances for XYZ." What you can't definitively say is that some form of wage theft doesn't actually constitute wage theft just because of your feelings. Facts are facts. And they are not on your side in this discussion.
I've never claimed "wage theft" doesn't claim "wage theft". You took an unsupportable position and you know it so you keep retreating to a tautology and pretend that you think the statement "wage theft is wage theft" is the same as "wage theft is theft". Which again, is as true of a statement as "Arkansas is Kansas" or "west Virginia is Virginia". Just because a word is in a term, doesn't mean that the term is just a subset of the word.
I joked last night about hiring you since you don't think some forms of wage theft are wage theft. But now I feel compelled to ask if you have employees. They may need legal representation.