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NY A04278
Bill
Status
2/3/2025
Primary Sponsor
Jo Simon
Click for details
AI Summary
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Allows affected employees, whistleblowers, and labor organizations to file "public enforcement actions" on behalf of the state to collect civil penalties for labor law violations when government agencies lack resources to prosecute
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Establishes civil penalties of $500 per affected employee, per pay period, per violation for labor law infractions that don't already have specified penalties
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Distributes recovered penalties with 40% going to the relator (or 30% if the state intervenes) and 60-70% to the Department of Labor for enforcement and education purposes
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Requires relators to provide 60 days written notice to the Commissioner and Attorney General before filing suit, giving the state opportunity to intervene or take over the case
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Prohibits employers from retaliating against workers who bring public enforcement actions, with a rebuttable presumption of retaliation for adverse actions taken within 180 days of filing
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Applies a 6-year statute of limitations and explicitly prevents private arbitration agreements from waiving workers' rights to bring these public enforcement actions (unless collectively bargained)
Legislative Description
Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an affected employee, whistleblower, representative organization or an organizational deputy to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.
Last Action
referred to labor
1/7/2026