Bill Text: NY S00448 | 2025-2026 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Introduced) 2025-01-08 - REFERRED TO LABOR [S00448 Detail]

Download: New_York-2025-S00448-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           448

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Labor

        AN ACT to amend the labor law, in relation to enacting  the  "Empowering
          People in Rights Enforcement (EMPIRE) Worker Protection Act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "Empowering People in Rights Enforcement (EMPIRE) Worker Protection
     3  Act".
     4    § 2. Legislative findings. 1. The legislature finds and declares  that
     5  violations of the labor law are often systemic, affecting many workers.
     6    2.  The  legislature further finds and declares that despite the labor
     7  law's strong protections for workers,  limits  on  the  availability  of
     8  public enforcement resources have deleterious effects on the marketplace
     9  by  allowing abuses targeting workers to persist unprosecuted. To ensure
    10  the robust enforcement of the labor law, while minimizing the outlay  of
    11  scarce state funds, this act allows private individuals, labor organiza-
    12  tions,  and  labor  organizations deputized by the state to bring public
    13  enforcement actions in certain contexts in which the state does not have
    14  the means to fully enforce labor law protections.
    15    3. The legislature further finds and declares that the purpose of  the
    16  EMPIRE Worker Protection Act is to create a means of empowering citizens
    17  as private attorneys general to enforce the New York labor law.
    18    4.  The legislature further finds and declares that the purpose of the
    19  EMPIRE Worker Protection  Act  is  to  incentivize  private  parties  to
    20  recover  civil  penalties for the government that otherwise may not have
    21  been assessed and collected by overburdened state enforcement  agencies.
    22  When  the  New  York  labor law is effectively enforced, it protects the
    23  interests of all New Yorkers and the state of New  York.    Such  public
    24  enforcement  actions  are  an  efficient  mechanism  to  limit  systemic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01897-01-5

        S. 448                              2

     1  violations, will enforce the rights of more workers, and can benefit the
     2  department of labor with enhanced resources.
     3    5.  The legislature further finds and declares that the purpose of the
     4  EMPIRE Worker Protection Act is to benefit those employers who are oper-
     5  ating within the labor law, and who, as a result, face  unfair  competi-
     6  tion from individuals and entities shirking the labor law.
     7    6.  The legislature further finds and declares that the purpose of the
     8  EMPIRE Worker Protection Act is to deter employers from  stealing  wages
     9  or  committing  other violations of the New York labor law and raise the
    10  cost of noncompliance with the New York labor law.
    11    7. The legislature further finds and declares that the purpose of  the
    12  EMPIRE  Worker  Protection  Act is to incentivize labor organizations to
    13  aid working people to report violations of the New York labor law.
    14    8. The legislature further finds and declares that the purpose of  the
    15  EMPIRE  Worker  Protection Act is to facilitate whistleblowers suffering
    16  from violations of the New York labor law to report abuses without  fear
    17  of retaliation and intimidation.
    18    9.  The  legislature further finds and declares that the EMPIRE Worker
    19  Protection Act is part of a history both in New York state  and  in  the
    20  United  States  of  laws  enabling  private  citizens  to  aid in public
    21  enforcement. In similar qui tam legislation enabling private citizens to
    22  aid in public enforcement, the resulting action is a public  enforcement
    23  action.
    24    §  3.  The  labor law is amended by adding a new article 37 to read as
    25  follows:
    26                                 ARTICLE 37
    27   EMPOWERING PEOPLE IN RIGHTS ENFORCEMENT (EMPIRE) WORKER PROTECTION ACT
    28  Section 1150. Definitions.
    29          1151. Public enforcement action.
    30          1152. Procedure.
    31          1153. Non-application.
    32    § 1150. Definitions. Whenever used in this article:
    33    1. "affected employee" means any employee as defined by section two of
    34  this chapter who was employed  by  the  alleged  violator  employer  and
    35  against whom one of the alleged violations was committed, or was alleged
    36  to have been committed, as well as any person who is not classified by a
    37  business  as  an  employee  but  who  claims to be an employee and whose
    38  claims against the purported employer relate to this alleged  misclassi-
    39  fication, whether or not that person has received full or partial relief
    40  from harm.
    41    2.  "relator" means an affected employee, a whistleblower, a represen-
    42  tative organization, or an organizational deputy that acts as  a  plain-
    43  tiff in a public enforcement action under this chapter.
    44    3.  "whistleblower"  means any current or former employee, contractor,
    45  subcontractor, or employee of  a  contractor  or  subcontractor  of  the
    46  defendant  with  knowledge of the alleged violations that is independent
    47  of and materially adds to any publicly disclosed information  about  the
    48  alleged  violations. Whistleblowers are not also "affected employees" if
    49  they do not seek civil penalties for violations that personally affected
    50  them in a public enforcement action under this chapter.
    51    4. "employer" means any employer as defined by  section  two  of  this
    52  chapter.  The term "employer" shall not include a governmental agency.
    53    5. "representative organization" means a labor organization as defined
    54  by  subsection  (g)  of  section  four  thousand four hundred two of the
    55  insurance law and which has been selected by  an  affected  employee  or
    56  whistleblower  to  initiate  a public enforcement action on the affected

        S. 448                              3

     1  employee's or whistleblower's behalf, in written notice in such a manner
     2  as the commissioner may prescribe by regulation. Where a  representative
     3  organization  is  designated  as  the  relator, the affected employee or
     4  whistleblower  may  elect  to  have  their name and personal identifying
     5  information  be  kept  confidential  until  the  relator,  in  its  sole
     6  discretion,  deems  sharing  such information is necessary to establish,
     7  litigate, mediate, settle, or otherwise pursue the claim.
     8    6. "public enforcement action" means  an  action  brought  under  this
     9  article  intended  to  enforce this chapter's protections enforceable by
    10  the commissioner.   Nothing in this  article  shall  be  interpreted  to
    11  permit a public enforcement action against a governmental agency.
    12    7. "commissioner" shall, for the purposes of this article, include the
    13  commissioner,  and  any  division,  board,  commission,  or  part of the
    14  department authorized to impose or seek penalties or other remedies  for
    15  violations of this chapter.
    16    8.  "violation"  means  an  employer's  noncompliance  with any of the
    17  requirements of the following articles of this chapter  and  with  regu-
    18  lations  and wage orders promulgated by the commissioner in implementing
    19  such articles:
    20    a. article six except sections one hundred ninety, one  hundred  nine-
    21  ty-one-a,  one hundred ninety-six, one hundred ninety-six-a, one hundred
    22  ninety-eight-a, one hundred ninety-nine, and one hundred ninety-nine-a;
    23    b. article nineteen except sections six  hundred  fifty,  six  hundred
    24  fifty-one,  six  hundred  fifty-three  through  six  hundred  sixty, six
    25  hundred sixty-two, and six hundred sixty-five;
    26    c. sections one hundred sixty,  one  hundred  sixty-one,  one  hundred
    27  sixty-two,  one  hundred sixty-three-a, one hundred sixty-seven, and one
    28  hundred seventy of article five;
    29    d. article nineteen-A except sections six hundred seventy through  six
    30  hundred seventy-two, six hundred seventy-four through six hundred seven-
    31  ty-eight, six hundred eighty, and six hundred eighty-three;
    32    e.  article nineteen-B except sections six hundred ninety, six hundred
    33  ninety-three, and six hundred ninety-four;
    34    f. article nine except sections two hundred thirty, two hundred  thir-
    35  ty-four through two hundred thirty-six, and two hundred thirty-eight;
    36    g.  article  twenty-five-A  except sections eight hundred sixty, eight
    37  hundred sixty-a, eight hundred sixty-c through  eight  hundred  sixty-f,
    38  and eight hundred sixty-i;
    39    h.  article  twenty-five-B  except  sections  eight  hundred sixty-one
    40  through eight hundred sixty-one-b;
    41    i. article twenty-five-C except sections eight hundred  sixty-two  and
    42  eight hundred sixty-two-a;
    43    j.  article  eight  except  sections  two hundred twenty-e through two
    44  hundred twenty-four, two hundred twenty-four-b, and two hundred  twenty-
    45  four-c;
    46    k. article twenty-C;
    47    l.  sections  two  hundred,  two hundred one-g, two hundred six-c, two
    48  hundred fifteen, and two hundred eighteen-b of article seven; and
    49    m. section twenty-seven-d of article two.
    50    9. "organizational deputy" means a labor organization  as  defined  by
    51  subsection   (g)   of   section   four  thousand four hundred two of the
    52  insurance law that has been appointed by the commissioner or the  attor-
    53  ney general to represent the state as the relator in the public enforce-
    54  ment  action.  The  commissioner  or  the  attorney  general  shall have
    55  complete discretion to determine what labor organizations may  serve  as
    56  their organizational deputy in a public enforcement action.

        S. 448                              4

     1    §  1151. Public enforcement action. 1. A relator may initiate a public
     2  enforcement action to collect civil penalties on behalf of  the  commis-
     3  sioner  for  a  violation  impacting  affected employees pursuant to the
     4  procedures specified in section one thousand fifty-two of this  article.
     5  A  relator  may  allege multiple violations that have affected different
     6  employees and may seek injunctive and declaratory relief that the  state
     7  would be entitled to seek.
     8    2.  a.  For  purposes  of  this section, whenever the commissioner has
     9  discretion to assess a civil penalty, a court is authorized to  exercise
    10  the  same  discretion  to assess a civil penalty. To the extent that the
    11  commissioner is authorized to determine that an employer has violated  a
    12  provision  of  this  chapter  or regulation promulgated thereunder, in a
    13  public enforcement action, a court shall be authorized to determine that
    14  an employer has committed such a violation.
    15    b. For any violation defined in this article, except those for which a
    16  civil penalty is specifically provided, there  is  established  a  civil
    17  penalty of five hundred dollars for each affected employee per pay peri-
    18  od  per  violation. A court may not award a lesser amount, unless, based
    19  on the facts and circumstances of  the  particular  case,  the  employer
    20  demonstrates  that  to  do  otherwise  would  result in an award that is
    21  unjust, arbitrary and oppressive, or confiscatory.
    22    c. In any civil action commenced pursuant to this article,  the  court
    23  shall  allow  a  prevailing relator to recover all reasonable attorneys'
    24  fees, expert fees and other costs.  The court may also allow a  prevail-
    25  ing  relator  to  recover all reasonable ancillary costs associated with
    26  serving as a relator.   For the  purposes  of  this  article,  the  term
    27  "prevailing"  includes  a  relator  whose commencement of litigation has
    28  acted as a catalyst to effect policy change on the part of  the  defend-
    29  ant, regardless of whether that change has been implemented voluntarily,
    30  as  a  result  of  a  settlement  or  as  a result of a judgment in such
    31  relator's favor.
    32    d. Nothing in this section shall operate to limit an affected  employ-
    33  ee's  right to pursue or recover other remedies available under state or
    34  federal law, either separately or  concurrently  with  an  action  taken
    35  under this section.
    36    e.  Nothing  in this section shall operate to limit the commissioner's
    37  or the attorney general's right to seek restitution and  damages,  where
    38  available,  for affected employees in conjunction with a public enforce-
    39  ment action in which it has intervened.
    40    3. a.  Civil penalties recovered in public enforcement  actions  shall
    41  be  distributed  as  follows:    where  the commissioner or the attorney
    42  general has not intervened, or where the commissioner  or  the  attorney
    43  general  has  appointed an organizational deputy to proceed as the rela-
    44  tor, forty percent to the relator; and sixty percent to the commissioner
    45  for enforcement of this chapter and education of employers and employees
    46  about their rights  and  responsibilities  under  this  chapter,  to  be
    47  continuously  appropriated to supplement and not supplant the funding to
    48  the agency for those purposes; where the commissioner  or  the  attorney
    49  general  has  intervened,  thirty  percent  to  the relator; and seventy
    50  percent to the commissioner for enforcement of this chapter  and  educa-
    51  tion  of employers and employees about their rights and responsibilities
    52  under this chapter, to be continuously appropriated  to  supplement  and
    53  not supplant the funding to the agency for those purposes.
    54    b.  The  relator shall equitably distribute the share of penalties due
    55  the relator among affected employees.   If the relator  is  an  affected
    56  employee  or  whistleblower,  they  shall  also be entitled to recover a

        S. 448                              5

     1  service award from the penalties recovered, if they prevail in achieving
     2  relief, in whole or in part, for violations that affected other  employ-
     3  ees.  The service award shall be not less than five thousand dollars and
     4  not  more  than  twenty thousand dollars, unless the amount recovered as
     5  civil penalties is less than twenty thousand dollars.  The  court  shall
     6  determine  the  service award by taking due consideration of the burdens
     7  and risks assumed by the relator in prosecuting the action. If the rela-
     8  tor  is  a  representative  organization  or  an  organizational  deputy
     9  appointed by the commissioner or the attorney general, it shall distrib-
    10  ute  all  recovered  penalties  to  affected  employees  but may recover
    11  reasonable attorneys' fees and costs incurred in prosecuting the  action
    12  and  ancillary  costs  associated with serving as a relator. The relator
    13  shall submit a distribution summary to the commissioner and the attorney
    14  general.
    15    4. The right to bring a public enforcement action under  this  article
    16  shall  not be subject to private agreements between an affected employee
    17  and an employer or alleged employer, unless such agreements are  collec-
    18  tively  bargained  and the bargaining agreement provides a forum for the
    19  enforcement of rights and  remedies  otherwise  enforceable  under  this
    20  article.    The  right to represent the state with respect to violations
    21  affecting other workers shall not  be  waivable  by  private  agreement,
    22  unless  such agreements are  collectively  bargained  and the bargaining
    23  agreement provides a forum for the enforcement of rights and    remedies
    24  otherwise enforceable  under  this article, including an award of penal-
    25  ties authorized by this article.
    26    5.  Notwithstanding  any  other provision of law, a public enforcement
    27  action to recover upon  a  penalty  imposed  by  this  article  must  be
    28  commenced  within  six years.  The statute of limitations for bringing a
    29  public enforcement action under this article shall be  tolled  from  the
    30  date a relator files a notice pursuant to section one thousand fifty-two
    31  of  this  article with the commissioner and the attorney general, or the
    32  commissioner or the attorney general commences an investigation,  which-
    33  ever is earlier.
    34    6.  The  commissioner shall establish a database of public enforcement
    35  notices submitted pursuant to this article, including the  parties,  the
    36  disposition  and  any  other information which the commissioner shall by
    37  regulation prescribe and shall  make  such  database  available  to  the
    38  public  online.  The commissioner shall also publish an annual report of
    39  total penalties recovered under this chapter.
    40    7. a. No employer  or  the  employer's  agent,  employee,  contractor,
    41  subcontractor  or  the officer or agent of any corporation, partnership,
    42  or limited liability company,  or  any  other  person  shall  discharge,
    43  demote,  suspend,  threaten, harass, or in any other manner discriminate
    44  against any person because of any lawful act done because:
    45    (i) the relator or potential relator brought or is perceived  to  have
    46  brought a public enforcement action;
    47    (ii) the relator or potential relator has provided information, caused
    48  information  to  be provided, or otherwise assisted in a public enforce-
    49  ment action  or  provided  information,  or  caused  information  to  be
    50  provided  to  a  person  with  supervisory authority over the relator or
    51  potential relator regarding conduct that the relator or potential  rela-
    52  tor reasonably believes constitutes a violation of this section; or
    53    (iii)  the  person  believes that the relator or potential relator may
    54  bring a public enforcement action or cooperate with one.
    55    b. Any person affected by a violation  of  this  subdivision,  or  any
    56  affected employee, whistleblower, representative organization, organiza-

        S. 448                              6

     1  tional  deputy, or the commissioner, or the attorney general may bring a
     2  public enforcement action for all appropriate relief, including  enjoin-
     3  ing  the  conduct  of  any person or employer; ordering payment of civil
     4  penalties  as  provided  by section two hundred fifteen of this chapter,
     5  costs and reasonable attorneys' fees to the employee by  the  person  or
     6  entity  in violation; and, where the person or entity in violation is an
     7  employer, ordering rehiring or reinstatement  of  the  employee  to  the
     8  employee's  former  position  with  restoration of seniority. Any person
     9  affected by a violation of this  subdivision  may  also  bring  a  civil
    10  action  in  a  court  of  competent jurisdiction against any employer or
    11  persons alleged to have violated  the  provisions  of  this  subdivision
    12  pursuant to subdivision two of section two hundred fifteen of this chap-
    13  ter.
    14    c.  There  shall  be a rebuttable presumption that any adverse actions
    15  taken against a relator within one hundred eighty days after the relator
    16  has filed an action under this chapter is retaliatory. Nothing  in  this
    17  subdivision shall be interpreted to prohibit an inference of retaliatory
    18  motive  after  one  hundred  eighty  days after the relator has filed an
    19  action under this chapter.
    20    § 1152. Procedure. 1. No public enforcement action by a relator pursu-
    21  ant to section one thousand fifty-one of this article may be commenced:
    22    a. prior to sixty days after written notice  has  been  given  by  the
    23  relator  to  the  commissioner and to the attorney general.  The relator
    24  shall submit a filing fee of seventy-five dollars to  the  commissioner,
    25  and  the time periods in this section shall begin when notice and filing
    26  fee have been submitted. The fees required by this paragraph are subject
    27  to waiver in accordance with rules promulgated by the commissioner.  The
    28  written  notice  shall be given in such a manner as the commissioner may
    29  prescribe by regulation, shall be construed in a light favorable to  the
    30  relator, and shall include:
    31    (i) the name, address and contact information of the employer.
    32    (ii)  the  name,  address,  and  contact  information  of the affected
    33  employee or whistleblower.
    34    (iii) if the action is brought by a representative  organization,  the
    35  name,  address  and  contact information of the representative organiza-
    36  tion, its qualification as a representative organization as  defined  in
    37  this  chapter,  and  the  form  on  which  the whistleblower or affected
    38  employee has designated the representative organization.
    39    (iv) if the action is brought by an affected employee or  whistleblow-
    40  er, the name, address, and contact information of any labor organization
    41  that  has  assisted with the filing of the written notice, and who would
    42  be available to serve as an organizational  deputy  should  they  be  so
    43  appointed by the commissioner or the attorney general.
    44    (v)  the  name, address and contact information of the relator's legal
    45  counsel, should one exist.
    46    (vi) a statement of the underlying claim.
    47    (vii) if the relator is a "whistleblower", the relator's knowledge  of
    48  the  alleged  violations  that  is independent of and materially adds to
    49  publicly disclosed information.
    50    (viii) after searching the database established pursuant  to  subdivi-
    51  sion  six  of section one thousand fifty-one of this article for notices
    52  alleging the same facts and legal theories, a summary of such notices or
    53  statement that no such notices exist, provided that a notice filed by  a
    54  pro  se  litigant  may  not  be  rejected  for failure to conduct such a
    55  search.

        S. 448                              7

     1    b. if the commissioner or the attorney general, at any time  prior  to
     2  the end of the sixty-day notice period prescribed in paragraph a of this
     3  subdivision or prior to commencement of such action, whichever is later,
     4  and  upon  written  notice  to  the  relator  who  provided  the  notice
     5  prescribed  in  paragraph  a  of  this subdivision, has commenced and is
     6  actively prosecuting an administrative enforcement  proceeding  pursuant
     7  to this chapter relative to the alleged violation.
     8    c.  if the commissioner or the attorney general, on the same facts and
     9  theories, cites a person within the timeframes set forth in this section
    10  for a violation of the same section or sections of  this  chapter  under
    11  which  the relator is attempting to recover a civil penalty or remedy on
    12  behalf of the relator or others.
    13    d. if the violation is of a posting or agency reporting requirement or
    14  agency filing requirement, except where the filing or reporting require-
    15  ment involves mandatory payroll or injury reporting.
    16    e. if the violation is for minor  variations  in  the  legal  name  or
    17  address  of  the  employer  in  a wage statement or wage notice required
    18  under article six of this chapter, provided that the variations  do  not
    19  impair a worker's ability to promptly and easily identify the employer.
    20    2.  The  commissioner or the attorney general may, after receiving the
    21  notice, appoint an organizational deputy for  the  commissioner  or  the
    22  attorney  general  (based  on who makes the appointment) to serve as the
    23  relator, instead of the person who filed the notice. That organizational
    24  deputy may then proceed with the public enforcement action on behalf  of
    25  the  state. If the commissioner or the attorney general has appointed an
    26  organizational deputy as the relator, that organizational  deputy  shall
    27  serve  as  the  relator  in  accordance  with  all  the other procedures
    28  outlined in this article. The  decision  to  appoint  an  organizational
    29  deputy  shall  not  be  construed  as the commissioner's or the attorney
    30  general's direct intervening in the public enforcement action.
    31    3. The commissioner or the  attorney  general  may  intervene  in  the
    32  public  enforcement  action  and  proceed with any and all claims in the
    33  action:
    34    a. as of right within the sixty-day notice period prescribed in  para-
    35  graph a of subdivision one of this section;
    36    b. for good cause, as determined by the court, after the expiration of
    37  the sixty-day notice period prescribed in paragraph a of subdivision one
    38  of this section; or
    39    c.  if  a  previous relator becomes unavailable to continue the public
    40  enforcement action, by  appointing  an  organizational  deputy  for  the
    41  commissioner  or  the  attorney general (based on who makes the appoint-
    42  ment) to proceed with the public enforcement action  on  behalf  of  the
    43  state.  If  the commissioner or the attorney general has so appointed an
    44  organizational deputy, the organizational  deputy  shall  serve  as  the
    45  relator  in  accordance  with  all the other procedures outlined in this
    46  article. The decision to appoint an organizational deputy shall  not  be
    47  construed as the commissioner or the attorney general directly interven-
    48  ing in the public enforcement action.
    49    4.  If  the  commissioner  or  the  attorney  general intervenes in an
    50  action, the commissioner may take primary responsibility for  litigating
    51  the  action and shall not be bound by an act of the relator bringing the
    52  action. In such cases, the relator shall remain a party to  the  action.
    53  The  commissioner  or  the  attorney  general  may also intervene in the
    54  action for the limited purpose of filing  a  statement  of  interest  or
    55  otherwise  advancing the state's view about legal issues at stake in the
    56  action. If the commissioner or the attorney general has  intervened  for

        S. 448                              8

     1  the  purpose of taking primary responsibility for litigating the action,
     2  the commissioner or attorney general may dismiss or  settle  the  action
     3  after  the relator has been notified of the filing of the motion and has
     4  been  provided with an opportunity to be heard, and the court determines
     5  that such dismissal or settlement is fair, adequate, reasonable, and  in
     6  the public interest.
     7    5.  Either  the  commissioner,  the  attorney general, or a federal or
     8  state court of competent  jurisdiction  shall  review  and  approve  any
     9  settlement  of any civil action filed pursuant to this article or of any
    10  claim for which a relator has provided notice pursuant to this  section.
    11  The  commissioner,  the attorney general, or the court shall approve the
    12  settlement if it is fair, reasonable and adequate, in light of the stat-
    13  utory purpose of the provision of this  chapter  alleged  to  have  been
    14  violated and the purpose of this article.
    15    6.  a.  The relator shall, within ten days following commencement of a
    16  civil action pursuant to this article, provide the commissioner and  the
    17  attorney general with a file-stamped copy of the complaint that includes
    18  the case number assigned by the court.
    19    b.  If  the  commissioner  or  the  attorney  general so requests, the
    20  commissioner or the attorney general shall  be  served  with  copies  of
    21  pleadings  filed  in the action and shall be supplied with copies of all
    22  deposition transcripts. The commissioner or the attorney  general  shall
    23  bear any costs associated with service of such pleadings and depositions
    24  if there are such costs.
    25    c.  A  copy of the court's judgment in any civil action filed pursuant
    26  to this article and any other order in that action that either  provides
    27  for  or  denies  an award of civil penalties under this article shall be
    28  submitted to the commissioner and the attorney general within  ten  days
    29  after entry of the judgment or order.
    30    d.  Items  required  to  be  submitted  to the commissioner under this
    31  subdivision shall be transmitted in such a manner  as  the  commissioner
    32  shall  prescribe for the filing of notices under paragraph a of subdivi-
    33  sion one of this section.
    34    7. Such regulations prescribed pursuant to paragraph a of  subdivision
    35  one  of  this  section  shall  provide  for  the right of the relator to
    36  furnish an amended notice, after the notice by the commissioner  to  the
    37  relator that the original notice was not in compliance with this section
    38  or  the  regulations issued thereunder and specifying with particularity
    39  what the deficiencies were in  the  original  notice.  Such  notice  and
    40  opportunity  to amend shall be provided by the commissioner within sixty
    41  days of the original notice or the original notice shall  be  deemed  in
    42  compliance  with  this section.  The relator shall have thirty days from
    43  receiving notice from the commissioner that their  original  notice  was
    44  not in compliance with this section to amend the notice.
    45    8. A public enforcement action shall be tried promptly, without regard
    46  to  concurrent  adjudication of private claims, including without regard
    47  to concurrent adjudication of claims for violations personally affecting
    48  the relator.
    49    9. No public enforcement action brought pursuant to this article shall
    50  be required to meet the requirements of Rule 23(a) of the Federal  Rules
    51  of Civil Procedure or article nine of the civil practice law and rules.
    52    10.  The  rules  governing  pretrial discovery in a public enforcement
    53  action brought pursuant to this article  shall  be  the  same  as  those
    54  applicable  to other civil actions. No special showing of merit or other
    55  additional requirement shall be imposed on a relator's discovery  rights
    56  in such an action.

        S. 448                              9

     1    11.  A  relator  bringing  an action pursuant to this article shall be
     2  entitled to  discovery  regarding  the  alleged  violations  as  to  all
     3  affected employees as defined in this article.
     4    12.  When  related public enforcement actions are pending, the parties
     5  shall immediately notify the courts overseeing such actions of the over-
     6  lap and submit a joint  statement  describing  the  overlap,  which  may
     7  propose  a  process  to  ensure the just, speedy, and efficient determi-
     8  nation of the actions. The court may appoint  lead  enforcement  counsel
     9  with  sole responsibility for asserting the related claims, with consid-
    10  eration of the following factors:
    11    a. the work that counsel has done in investigating the claims;
    12    b. counsel's experience litigating labor law and past  performance  in
    13  similar cases;
    14    c. counsel's diligence in advancing the case;
    15    d.  the resources that counsel has committed and will commit to prose-
    16  cuting the case, and the relative resources at counsel's disposal; and
    17    e. the length of time each action has been pending.
    18    § 1153. Non-application. 1. This article shall not apply to the recov-
    19  ery of administrative and civil penalties in connection with  the  unem-
    20  ployment insurance law as contained in article eighteen of this chapter.
    21    2.  This article shall not apply to the recovery of administrative and
    22  civil penalties in connection with the New York  state  labor  relations
    23  act as contained in article twenty of this chapter.
    24    3.  Severability.  If  any  word, phrase, clause, sentence, paragraph,
    25  subdivision, section or part of this article or the application  thereof
    26  to  any  person or circumstances shall be adjudged invalid by a court of
    27  competent jurisdiction, such order or judgment shall be confined in  its
    28  operation  to  the  controversy  in which it was rendered, and shall not
    29  affect or invalidate  the  remainder  of  this  article,  but  shall  be
    30  confined  in  its operation to the word, phrase, clause, sentence, para-
    31  graph, subdivision, section or part thereof  directly  involved  in  the
    32  controversy in which such judgment shall have been rendered.
    33    4.  This  article shall be construed in light of its remedial purposes
    34  to expand the enforcement of this chapter.
    35    § 4. This act shall take effect immediately, and shall permit relators
    36  to bring actions concerning New York Labor Law violations that  occurred
    37  within  the  six  years  prior  to this act's effective date, unless the
    38  Labor Law provides a shorter statute of limitations with respect to  the
    39  specific  violation  in  question, in which case that shorter statute of
    40  limitations shall apply.
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