NY A11649

Expands the definition of "employee" to include commission salespeople and individuals receiving any compensation for labor performed in New York, while requiring employers to prove independent contractor status by clear and convincing evidence under Federal Fair Labor Standards Act standards.

Establishes liquidated damages equal to 5% of unpaid wages multiplied by the number of days wages were not paid (capped at twice the unpaid wage amount) and requires employers to provide wage statements to employees on each regular payday showing hours worked, wages earned, and deductions.

Creates a private right of action allowing misclassified employees to sue employers within three years, with courts able to award up to three times the damages if the employer knowingly failed to properly classify the individual, plus attorney fees and costs.

Adds a "private attorneys general" provision allowing employees to bring civil actions to recover penalties for wage violations that the Department of Labor did not cite within specified timeframes, with 75% of recovered penalties funding labor enforcement and 25% going to aggrieved employees.

Imposes joint and several personal liability on the ten largest shareholders of non-publicly-traded corporations for all unpaid wages owed to employees, strengthens retaliation protections with a 90-day presumption of retaliation, and increases criminal penalties for wage violations.