Summary of A09106 - Stop Work-place Abuse Today (SWAT) Act

• Authorizes the labor commissioner to issue stop-work orders against employers who violate wage payment laws (Articles 6, 19, 19-A), prevailing wage sections, or related rules when violations exceed $1,000 in aggregate amount, or for any local, city, or federal wage violations the commissioner deems warrant such action.

• Requires the commissioner to notify employers in writing within 72 hours of finding a violation, providing the factual basis and compliance requirements, and employers have 72 hours to cure the violation before the stop-work order takes effect.

• Establishes that stop-work orders apply to successor firms and remain in effect until the employer achieves compliance and pays assessed penalties; employers may request a hearing within 10 days to contest the order.

• Authorizes the workers' compensation board to issue stop-work orders against employers who knowingly fail to provide workers' compensation coverage, with a "knowing" violation defined by prior insurance cancellation, advice from labor agencies, or previous coverage requirement violations.

• Imposes penalties of $1,000 to $5,000 per day for non-compliance with stop-work orders; requires employers to pay affected employees their regular rate for up to 10 days during a stop-work order; establishes a rebuttable presumption of unlawful retaliation if employers take adverse action against employees within 90 days of complaint initiation.