NY A01893

Establishes the EMPIRE Worker Protection Act allowing private individuals, whistleblowers, labor organizations, and state-appointed organizational deputies to bring public enforcement actions for labor law violations on behalf of the state's labor commissioner.

Covers violations of specified articles of the labor law related to wages, hours, safety, and working conditions, but excludes unemployment insurance and labor relations act violations.

Requires relators to provide 60 days' written notice to the commissioner and attorney general before filing suit, with a $75 filing fee; prohibits actions if state agencies are actively investigating or prosecuting the same violation.

Establishes civil penalties of $500 per affected employee per pay period per violation (where not otherwise specified) and requires courts to award prevailing relators reasonable attorneys' fees and costs.

Distributes recovered penalties as 40% to relator and 60% to the state (or 30%/70% if state intervenes); affected employees or whistleblowers serving as relators receive service awards between $5,000-$20,000; protects relators from retaliation with a 180-day rebuttable presumption of retaliatory intent for adverse actions.