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. LBD01897-01-5S. 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 affectedS. 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 aS. 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 forS. 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.