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View Diary: Conservative Supremes thwart fair wages claim, and Kagan lets 'em have it. (166 comments)

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  •  In this particular case... (0+ / 0-)

    ...had the act been made a crime, yes, some number of people from the immediate supervisor all the way up to the CFO might have been convicted (likely, the supervisor would be offered a suspended sentence or parole in exchange for his/her testimony as part of a plea deal).

    However, in many cases that have resulted in positive outcomes for the employees via administrative and civil actions would not have resulted in a criminal prosecution, let alone a conviction.

    As well, it seems unlikely a bill making actions such as this a Federal crime would have ever gotten passed by any combination of House, Senate, and Administration in my lifetime so it's a moot point. Too many small and large businesses alike would fight it and they are a powerful lobby. Such laws would also encourage offshoring just to avoid the risk of a minor violation resulting in jail time for the CEO (the Feds like to make examples out of people here and there - remember Martha Stewart?).

    •  Well yeah what you said is true, (0+ / 0-)

      some people, like Martha Stewart are made examples of. However, this is typically when it becomes politically necessary to do so, when it can't be ignored. When it can be ignored it is.

      When it comes to everyday folk, particularly when they are exercising their first amendment rights against powerful business interests, they get hit with the book. Charges are tacked on, usually whatever the prosecutor can squint to make at all seem relevant is added to the charges.

      •  Anyways, (0+ / 0-)

        this is all besides the point. The fact of the matter is that what the company did to that worker is theft, as much theft as me picking someone's pocket. I know no one in the company will be prosecuted, nor am I suggesting we completely revamp our civil and criminal justice systems (save for changing the way the hammer is always brought down on regular folk while the crimes of the powerful are ignored), but all of that does not change the fact that what that company did and continues to do is theft.

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