Wage theft has long been a significant issue in New Zealand’s workforce, affecting employees across various industries, particularly in sectors where casual and migrant workers are prevalent. Recent statistics indicate that 38% of employees have reported experiencing an employer withholding wages.

This alarming figure highlights the widespread nature of the problem, prompting legislative intervention.

The new wage theft bill, passed recently, introduces severe penalties for employers who deliberately withhold wages. Under this law, businesses found guilty of wage theft could face fines of up to $30,000, and in some cases, individuals responsible may even face jail time of up to one year. This marks a significant departure from the previous legal approach, where wage disputes were often resolved through civil claims rather than criminal prosecution.

However, while the legislation aims to protect employees, it also raises concerns for small businesses. Many smaller companies may struggle with compliance, particularly if they lack dedicated payroll resources. The new law requires businesses to be proactive in ensuring their payroll systems are accurate and that employee entitlements are correctly managed. With these changes set to take full effect by March 2025, employers must act now to avoid serious legal and financial repercussion.

"Employers who deliberately withhold wages can now face serious legal consequences.”

In a recent discussion hosted by Shannon Barlow, NZ Managing Director at Frog Recruitment, guest Sanam Salmani, Founder and Host of Law Lenz, shared her insights on the new law’s impact and what businesses must do to stay compliant.

Sanam Salmani provided an overview of how the bill came into effect, explaining its historical context and purpose. “This law is a game-changer because it shifts wage theft from being a civil matter to a criminal offence. Employers who deliberately withhold wages can now face serious legal consequences.”

Shannon Barlow reflected on the shocking statistics and the importance of taking wage theft seriously. “This isn’t just about financial loss—it’s about trust and workplace integrity. When employees aren’t paid what they’re owed, it damages morale and business reputation.”

The discussion covered the key issues surrounding payroll compliance, particularly for small businesses. Many employers might not intentionally commit wage theft but could still be at risk due to poor payroll practices or lack of awareness. Sanam highlighted the fine line between payroll mistakes and intentional wage theft, explaining that turning a blind eye to discrepancies could still be considered deliberate non-compliance.

“If an employee raises concerns about their pay and an employer ignores it, that could be considered intentional under the new law. Businesses need to take payroll issues seriously and investigate discrepancies immediately.” – Sanam Salmani

Shannon emphasised the importance of businesses auditing their payroll systems and seeking expert guidance to ensure compliance. She acknowledged that the new law might feel overwhelming to some employers, but ultimately, it’s about fairness in the workplace.

“Payroll mistakes can happen, but it’s how businesses respond that matters. Employers need to ensure their payroll systems are accurate and up to date—because the consequences of not doing so are now severe.” – Shannon Barlow

The conversation also touched on the broader implications of the law, including how employees can now report wage theft to the police rather than relying on civil claims. This makes it easier for workers to take action if they believe they have been underpaid.

How Employers Can Ensure Compliance

To stay compliant with the new wage theft laws and avoid severe penalties, employers should take the following steps:

• Review payroll systems regularly to ensure that wages, overtime, and entitlements are correctly calculated and paid.
• Conduct internal audits to check for errors or potential compliance risks before issues arise.
• Keep thorough documentation of employee contracts, hours worked, and pay records to avoid disputes.
• Respond promptly to employee concerns about payroll discrepancies—ignoring them could be seen as intentional non-compliance.
• Ensure all deductions and entitlements (such as KiwiSaver contributions) are correctly processed and paid to the appropriate authorities.
• Train managers and payroll staff to understand employment law and avoid common payroll pitfalls.

For employees, the key takeaway is to be vigilant about their wages. Workers should check payslips regularly and raise concerns immediately if they suspect wage theft. With the new law in place, employees now have stronger protections and legal avenues to reclaim lost wages.

The introduction of criminal penalties for wage theft is a wake-up call for businesses across New Zealand. Employers must take payroll compliance seriously, while employees should remain informed about their rights. As these changes take effect, one thing is clear: fair pay is no longer just a workplace expectation—it’s a legal requirement.