NY A09012

Establishes the EMPIRE Worker Protection Act allowing affected employees, whistleblowers, labor organizations, and state-appointed organizational deputies to bring public enforcement actions against employers for labor law violations on behalf of the state.

Creates a civil penalty of $500 per affected employee per pay period per violation for labor law breaches where no specific penalty is already established; prevailing relators recover attorneys' fees, expert fees, and other costs.

Distributes recovered civil penalties as follows: 40% to relator and 60% to the Department of Labor (when state has not intervened), or 30% to relator and 70% to the Department of Labor (when state has intervened); affected employees receive equitable distribution of relator's share.

Requires relators to provide 60 days' written notice to the Commissioner of Labor and Attorney General before commencing action; prohibits actions if state is actively prosecuting an enforcement proceeding on same facts or has cited the employer within specified timeframes.

Provides strong whistleblower and retaltor protections, including retaliation presumption for adverse actions taken within 180 days of filing; actions cannot be waived by private agreement unless collectively bargained with enforcement forum.