Re: 2C Statute for not paying laborers???????? -- NJ Law Enforcement Forum

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Date Posted: 14:06:13 05/16/02 Thu
Author: Tbuck
Subject: Re: 2C Statute for not paying laborers????????
In reply to: Sonny 's message, "2C Statute for not paying laborers????????" on 19:26:09 05/15/02 Wed

>Is there a charge we can use for landscapers who don't
>pay the laborers they hire. Since the beginning of
>spring, we've been getting killed with this.

Sonny
2C:20-8 Theft of Services- A person is guilty of theft if he PURPOSELY obtains services which he knows are available only for compensation, " by deception" etc, etc. Services include " LABOR or profesional services", statute then gives cause for instances requiring immediate payment upon completion of service and absconding from payment gives rise to presumption of intent. Bottom line:
If you get some day workers and the same employer time after time hires men/woman for a days work and repeatedly beats feet without payment, I would articulate for the judge, otherwise, he will tell you to forward to civil court which would be my reccomendation. Make computer entries while adjusting these matters and if the same employer is beating these guys time and time again, throw it on a summons and ask the judge to find probable cause.
The statute was really created for the chew and screw type offender but labor is a service covered under this statute ESPECIALLY if it is a single day agreement with a promise of payment at the end of the day. Good luck.

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