NY State Senate Bill 2017-S6426

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
May 18, 2017	referred to labor

2017-S6426 (ACTIVE) - Details

See Assembly Version of this Bill:: A7958
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 33 §§960 - 963, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1848, A2265
2021-2022: S12, A5876
2023-2024: S541, A1893

2017-S6426 (ACTIVE) - Summary

Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an aggrieved employee or employees or a representative organization to initiate a public enforcement action on behalf of the commissioner for any provision of the labor law, or any regulation promulgated thereunder, that provides for a civil penalty to be assessed and collected by the commissioner for a violation of the labor law.

2017-S6426 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6426

 TITLE OF BILL :  An act to amend the labor law, in relation to
enacting the "Empowering People in Rights Enforcement (EMPIRE) Worker
Protection Act"

 PURPOSE OF BILL :

This legislation empowers aggrieved workers to file claims on behalf
of the state against an employer for any violation of State labor law.
The Act also allows representative organizations to file claims on
behalf of impacted workers in order to protect the public interest.

 SUMMARY OF PROVISIONS :

The legislation adds a new Article 33 to the labor law, which
establishes the right of a public enforcement action through which an
aggrieved employee or a representative organization may commence a
civil action on behalf of the commissioner of labor for the purpose of
enforcing any provision of the labor law. Section 961 of Article 33
specifies that such action may provide for a civil penalty to be
collected by the commissioner and that multiple violations that have
affected different employees may be the subject of such complaint.

Section 961 Subsection 2 (a) authorizes a court to exercise the same
discretion as the commissioner in determining whether to assess a

civil penalty. Subsection 2 (b) establishes a minimum civil penalty of
five hundred dollars per period per violation. Subsection 2 (c)
provides that any aggrieved employee or representative organization
which prevails shall be entitled to reasonable attorney's fees.
Subsection 3 establishes a schedule for the distribution of any civil
penalties recovered. Subsection 4 prohibits the use of private
agreements to limit the right of employees to pursue a public
enforcement action. Section 961 Subsection 5 establishes a six year
statute of limitations. Section 961 Subsection 6 establishes that
public enforcement actions "belong to the state" and shall, with some
exceptions, preclude subsequent state enforcement action. Subsection 7
requires the commissioner to establish a publicly available data base
of public enforcement actions.

Section 962 Subsection 1 establishes the process for the filing of a
public enforcement action including the requirement for thirty-day
written notice and the items that must be included in such notice.
Section 962 Subsection 2 authorizes the commissioner to intervene in a
public enforcement action and proceed with any and all claims.
Section 962 Subsection 3 requires that a federal or state court of
competent jurisdiction shall approve any settlement arrived at under
this act. Section 962 Subsection 4 a representative organization may
only initiate an action pursuant to this article if an aggrieved
employee elects such organization in writing using a form approved by
the commissioner. Section 962 Subsection 5 provides representative
organizations and aggrieved employees with the right to amend an
action after it has been filed. Section 962 Subsection 6 authorizes
that the notice of an action shall be construed in a light favorable
to the employee or representative organization.

Section 963 Subsection 1 indicates that this article shall not apply
to the recovery of administrative and civil penalties in connection
with the unemployment insurance law. Section 963 Subsection 2
indicates that this article shall not apply to the recovery of
administrative and civil penalties in connection with the New York
State Labor Relations Act. Section 963 Subsection 3 incorporates a
severability clause. Section 963 Subsection 4 authorizes this article
to be construed in light of its remedial purposes to expand the
enforcement of this chapter.

This act shall take effect on the ninetieth day after it becomes a
law.

 JUSTIFICATION :

An estimated 2.1 million New York workers are victims of wage theft
each year, with a total of more than $3 billion stolen in wages and
benefits. Wage theft costs our State millions of dollars a year in
lost revenue and leaves law-abiding employers at a major competitive
disadvantage. The New York State Department of Labor lacks the
resources needed to effectively investigate and prosecute wage theft
at scale and is heavily reliant upon uncertain federal funding. As a
result, New York's workers may be increasingly vulnerable to
exploitation.

This legislation extends the reach of the state's public enforcement
provisions in order to help ensure that exploitative employers do not
get away with wage theft and other abuses; to help establish a level
playing field on which law abiding employers can afford to compete; to
protect the public interest; and to generate revenue to fund the New
York State Department of Labor's own work.

Extending the capacity and reach of New York's public enforcement
strategies is critically important in this era for a number of
reasons. The private enforcement mechanisms that have played a major
role in wage theft and workers' rights enforcement for decades is
being undermined in a number of ways. First, unscrupulous employers
are using this moment of fear to intimidate and threaten workers into
accepting exploitation. Additionally, a minimum of thirty percent of
private sector employees are forced to sign pre-dispute arbitration
agreements as a condition of employment. These fine print contracts
force workers to waive their rights to hold employers accountable in
court if they break the law; instead they must pursue remedies only
via private arbitration, which often entails prohibitive expenses,
limitations on discovery and other rules that make enforcement of the
law impracticable. The agreements also often contain limits on
workers' substantive rights, including statutes of limitation, as well
as class and collective action waivers preventing workers from joining
together for the purpose of enforcing their rights.

The EMPIRE Worker Protection Act enables workers to "step into the
shoes" of the government for the purposes of enforcing their rights,
and claims filed under the EMPIRE Worker Protection Act are public in
nature and not subject to private agreements. The EMPIRE Worker
Protection Act builds upon recent advances in New York's labor
protections, specifically the 2015 Achieve Pay Equity bill, which
amended the law to strengthen the State's protections against pay
discrimination for women. Additionally the EMPIRE Worker Protection
Act is a proven model for strengthening labor law enforcement with
California having enacted similar legislation. That legislation has
assisted our nation's largest state in resolving thousands of labor
violations and generated more than $28 million in revenue for the
California Department of Labor since 2013.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2017-S6426 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6426
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "Empowering People in Rights Enforcement (EMPIRE) Worker Protection
 Act".
   § 2. Legislative findings. 1. The legislature finds and declares  that
 violations of the labor law are often systemic, affecting many workers.
   2.  The  legislature further finds and declares that despite the labor
 law's strong protections for workers,  limits  on  the  availability  of
 public enforcement resources have deleterious effects on the marketplace
 by  allowing abuses targeting workers to persist unprosecuted. To ensure
 the robust enforcement of the labor law, while minimizing the outlay  of
 scarce  state funds, this act allows private individuals to bring public
 enforcement actions in certain contexts in which the state does not have
 the means to fully enforce labor law protections.
   3. The legislature further finds and declares that the purpose of  the
 EMPIRE Worker Protection Act is to create a means of empowering citizens
 as private attorneys general to enforce the New York labor law.
   4.  The legislature further finds and declares that the purpose of the
 EMPIRE Worker Protection  Act  is  to  incentivize  private  parties  to
 recover  civil  penalties for the government that otherwise may not have
 been assessed and collected by overburdened state enforcement  agencies.
 Such representative actions are an efficient mechanism to limit systemic
 violations, will enforce the rights of more workers, and can benefit the
 department of labor with enhanced resources.
   5.  The legislature further finds and declares that the purpose of the
 EMPIRE Worker Protection Act is to benefit those employers who are oper-

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

                                                            LBD11483-02-7

 S. 6426                             2
 
 ating within the labor law, and who, as a result, face  unfair  competi-
 tion from individuals and entities shirking the labor law.
   6.  The legislature further finds and declares that the purpose of the
 EMPIRE Worker Protection Act is to incentivize labor  organizations  and
 not-for-profit  organizations to aid working people to report violations
 of the New York labor law.
   7. The legislature further finds and declares that the purpose of  the
 EMPIRE  Worker  Protection Act is to facilitate whistleblowers suffering
 from violations of the New York labor law to report abuses without  fear
 of retaliation and intimidation.
   8.  The  legislature further finds and declares that the EMPIRE Worker
 Protection Act is part of a history both in New York state  and  in  the
 United  States  of  laws  enabling  private  citizens  to  aid in public
 enforcement in the whistleblower and more recently in the labor context.
 In similar qui tam legislation  enabling  private  citizens  to  aid  in
 public enforcement, the resulting action is in reality a public enforce-
 ment action.
   9.  The  legislature further finds and declares that the EMPIRE Worker
 Protection Act further increases the capacity of the department of labor
 as almost all of the department of labor's investigatory work  is  comp-
 laint-driven  rather  than  agency-driven.  Moreover,  the EMPIRE Worker
 Protection Act will help offset the loss of human capital at the depart-
 ment due to the decrease in  senior  labor  investigators  and  stagnant
 numbers of labor investigators employed by the department of labor since
 2008.
   10. The legislature further finds and declares that the mandate of the
 EMPIRE  Worker  Protection  Act  is  consistent  with  the legislature's
 commitment to enhance worker protections, especially for low-wage  work-
 ers,  as the majority of wages owed by employers according to department
 of labor statistics are based on minimum wage violations.
   § 3. The labor law is amended by adding a new article 33  to  read  as
 follows:
                                ARTICLE 33
  EMPOWERING PEOPLE IN RIGHTS ENFORCEMENT (EMPIRE) WORKER PROTECTION ACT
 SECTION 960. DEFINITIONS.
         961. PUBLIC ENFORCEMENT ACTION.
         962. PROCEDURE.
         963. CONSTRUCTION AND NON-APPLICATION.
   § 960. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "AGGRIEVED  EMPLOYEE" MEANS ANY EMPLOYEE AS DEFINED BY SECTION TWO
 OF ARTICLE ONE OF THIS CHAPTER WHO WAS EMPLOYED BY THE ALLEGED  VIOLATOR
 EMPLOYER  AND  AGAINST WHOM ONE OF THE ALLEGED VIOLATIONS WAS COMMITTED,
 AS WELL AS ANY PERSON WHO IS NOT CLASSIFIED BY A BUSINESS AS AN EMPLOYEE
 BUT WHO CLAIMS TO BE AN EMPLOYEE AND WHOSE CLAIMS AGAINST THE  PURPORTED
 EMPLOYER RELATE TO THIS ALLEGED MISCLASSIFICATION.
   2.  "EMPLOYER" MEANS ANY EMPLOYER AS DEFINED BY SECTION TWO OF ARTICLE
 ONE OF THIS CHAPTER.
   3. "REPRESENTATIVE ORGANIZATION" MEANS A LABOR ORGANIZATION AS DEFINED
 BY SUBDIVISION FIVE OF SECTION SEVEN HUNDRED ONE OF  ARTICLE  TWENTY  OF
 THIS  CHAPTER  OR  A  NOT-FOR-PROFIT CORPORATION, AS DEFINED BY SUBPARA-
 GRAPHS FIVE AND SEVEN OF PARAGRAPH (A) OF SECTION  ONE  HUNDRED  TWO  OF
 ARTICLE  ONE OF THE NOT-FOR-PROFIT CORPORATION LAW, WHICH NOT-FOR-PROFIT
 CORPORATION REGULARLY ADVOCATES ON BEHALF OF WORKERS OR EMPLOYEES AND/OR
 REGULARLY ADVOCATES FOR OR ASSISTS IN ENFORCEMENT OF THE  PROVISIONS  OF
 THIS CHAPTER.

 S. 6426                             3
 
   4.  "PUBLIC  ENFORCEMENT  ACTION"  MEANS  AN ACTION BROUGHT UNDER THIS
 ARTICLE INTENDED TO ENFORCE THIS CHAPTER'S  PROTECTIONS  ENFORCEABLE  BY
 THE COMMISSIONER.
   5. "COMMISSIONER" SHALL, FOR THE PURPOSES OF THIS ARTICLE, INCLUDE THE
 COMMISSIONER,  AND  ANY  DIVISION,  BOARD,  COMMISSION,  OR  PART OF THE
 DEPARTMENT AUTHORIZED TO IMPOSE OR SEEK PENALTIES OR OTHER REMEDIES  FOR
 VIOLATIONS OF THIS CHAPTER.
   §  961. PUBLIC ENFORCEMENT ACTION. 1. AN AGGRIEVED EMPLOYEE OR EMPLOY-
 EES OR A REPRESENTATIVE ORGANIZATION MAY INITIATE A  PUBLIC  ENFORCEMENT
 ACTION  ON BEHALF OF THE COMMISSIONER FOR ANY PROVISION OF THIS CHAPTER,
 OR ANY REGULATION PROMULGATED THEREUNDER,  THAT  PROVIDES  FOR  A  CIVIL
 PENALTY TO BE ASSESSED AND COLLECTED BY THE COMMISSIONER FOR A VIOLATION
 OF  THIS CHAPTER, OR ANY REGULATION PROMULGATED THEREUNDER, ON BEHALF OF
 HIMSELF OR HERSELF AND OTHER CURRENT OR FORMER EMPLOYEES PURSUANT TO THE
 PROCEDURES SPECIFIED IN SECTION NINE HUNDRED SIXTY-TWO OF THIS  ARTICLE.
 AN AGGRIEVED EMPLOYEE OR A REPRESENTATIVE ORGANIZATION MAY ALLEGE MULTI-
 PLE VIOLATIONS THAT HAVE AFFECTED DIFFERENT EMPLOYEES.
   2.  A.  FOR  PURPOSES  OF  THIS SECTION, WHENEVER THE COMMISSIONER HAS
 DISCRETION TO ASSESS A CIVIL PENALTY, A COURT  SHALL  BE  AUTHORIZED  TO
 EXERCISE  THE  SAME  DISCRETION TO ASSESS A CIVIL PENALTY. TO THE EXTENT
 THAT THE COMMISSIONER IS AUTHORIZED TO DETERMINE THAT  AN  EMPLOYER  HAS
 VIOLATED  A  PROVISION  OF THIS CHAPTER OR REGULATION PROMULGATED THERE-
 UNDER, IN A PUBLIC ENFORCEMENT ACTION, A COURT SHALL  BE  AUTHORIZED  TO
 DETERMINE THAT AN EMPLOYER HAS COMMITTED SUCH A VIOLATION.
   B. FOR ALL PROVISIONS OF THIS CHAPTER AND REGULATIONS ADOPTED PURSUANT
 TO  THIS CHAPTER, EXCEPT THOSE FOR WHICH A CIVIL PENALTY IS SPECIFICALLY
 PROVIDED, THERE IS ESTABLISHED A CIVIL PENALTY OF FIVE  HUNDRED  DOLLARS
 FOR  EACH  AGGRIEVED  EMPLOYEE PER PAY PERIOD PER VIOLATION. A COURT MAY
 NOT AWARD A LESSER AMOUNT, UNLESS, BASED ON THE FACTS AND  CIRCUMSTANCES
 OF  THE  PARTICULAR CASE, THE EMPLOYER DEMONSTRATES THAT TO DO OTHERWISE
 WOULD RESULT IN AN AWARD THAT IS UNJUST, ARBITRARY  AND  OPPRESSIVE,  OR
 CONFISCATORY.
   C.  ANY  AGGRIEVED  EMPLOYEE  OR  A  REPRESENTATIVE  ORGANIZATION  WHO
 PREVAILS IN ANY PUBLIC ENFORCEMENT ACTION SHALL BE ENTITLED TO AN  AWARD
 OF REASONABLE ATTORNEY'S FEES AND COSTS.
   D. NOTHING IN THIS SECTION SHALL OPERATE TO LIMIT AN AGGRIEVED EMPLOY-
 EE'S  RIGHT TO PURSUE OR RECOVER OTHER REMEDIES AVAILABLE UNDER STATE OR
 FEDERAL LAW, EITHER SEPARATELY OR  CONCURRENTLY  WITH  AN  ACTION  TAKEN
 UNDER THIS SECTION.
   3.  CIVIL  PENALTIES  RECOVERED  BY AGGRIEVED EMPLOYEES OR A REPRESEN-
 TATIVE ORGANIZATION IN PUBLIC ENFORCEMENT ACTIONS SHALL  BE  DISTRIBUTED
 AS  FOLLOWS:  FORTY-FIVE PERCENT TO THE AGGRIEVED EMPLOYEE OR EMPLOYEES;
 AND FIFTY-FIVE PERCENT TO THE COMMISSIONER FOR ENFORCEMENT OF THIS CHAP-
 TER AND EDUCATION OF EMPLOYERS AND  EMPLOYEES  ABOUT  THEIR  RIGHTS  AND
 RESPONSIBILITIES  UNDER THIS CHAPTER, TO BE CONTINUOUSLY APPROPRIATED TO
 SUPPLEMENT AND  NOT  SUPPLANT  THE  FUNDING  TO  THE  AGENCY  FOR  THOSE
 PURPOSES.  IF  AN AGGRIEVED EMPLOYEE OR EMPLOYEES ELECT A REPRESENTATIVE
 ORGANIZATION TO BRING THE PUBLIC  ENFORCEMENT  ACTION,  CIVIL  PENALTIES
 RECOVERED  SHALL  BE  DISTRIBUTED  AS  FOLLOWS:    THIRTY PERCENT TO THE
 AGGRIEVED EMPLOYEE OR EMPLOYEES; FIFTEEN PERCENT TO  THE  REPRESENTATIVE
 ORGANIZATION;  FIFTY-FIVE PERCENT TO THE COMMISSIONER FOR ENFORCEMENT OF
 THIS CHAPTER AND EDUCATION OF EMPLOYERS AND EMPLOYEES ABOUT THEIR RIGHTS
 AND RESPONSIBILITIES UNDER THIS CHAPTER, TO BE CONTINUOUSLY APPROPRIATED
 TO SUPPLEMENT AND NOT SUPPLANT THE  FUNDING  TO  THE  AGENCY  FOR  THOSE
 PURPOSES.

 S. 6426                             4
 
   4.  THE  RIGHT TO BRING A PUBLIC ENFORCEMENT ACTION UNDER THIS ARTICLE
 SHALL NOT BE SUBJECT TO PRIVATE AGREEMENTS BETWEEN AN AGGRIEVED EMPLOYEE
 AND AN EMPLOYER OR PURPORTED EMPLOYER.
   5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A PUBLIC ENFORCEMENT
 ACTION TO RECOVER UPON  A  PENALTY  IMPOSED  BY  THIS  ARTICLE  MUST  BE
 COMMENCED  WITHIN  SIX YEARS.  THE STATUTE OF LIMITATIONS FOR BRINGING A
 REPRESENTATIVE ACTION UNDER THIS ARTICLE SHALL BE TOLLED FROM  THE  DATE
 AN  AGGRIEVED  EMPLOYEE  OR A REPRESENTATIVE ORGANIZATION FILES A NOTICE
 PURSUANT TO SECTION NINE HUNDRED SIXTY-TWO  OF  THIS  ARTICLE  WITH  THE
 COMMISSIONER  OR  THE COMMISSIONER COMMENCES AN INVESTIGATION, WHICHEVER
 IS EARLIER.
   6. PUBLIC ENFORCEMENT ACTIONS BELONG TO THE STATE AND PRECLUDE  SUBSE-
 QUENT  STATE  ENFORCEMENT  EFFORTS,  WHETHER  BROUGHT BY THE STATE OR AN
 AGGRIEVED EMPLOYEE OR REPRESENTATIVE  ORGANIZATION;  PROVIDED,  HOWEVER,
 PUBLIC  ENFORCEMENT  ACTIONS  ARE  NOT  DUPLICATIVE  OF  PRIVATE ACTIONS
 RELATED TO THE SAME ISSUES OR TOUCHING THE  SAME  NUCLEUS  OF  OPERATIVE
 FACTS.   THEREFORE, A PUBLIC ENFORCEMENT ACTION BROUGHT UNDER THIS ARTI-
 CLE DOES NOT HAVE ANY PRECLUSIVE EFFECT ON  PRIVATE  ACTIONS  ADDRESSING
 SIMILAR WRONGDOING.
   7.  THE  COMMISSIONER SHALL ESTABLISH A PUBLICLY AVAILABLE DATABASE OF
 PUBLIC ENFORCEMENT ACTIONS BROUGHT PURSUANT TO THIS  ARTICLE,  INCLUDING
 THE PARTIES, THE DISPOSITION AND ANY OTHER INFORMATION WHICH THE COMMIS-
 SIONER SHALL BY REGULATION PRESCRIBE.
   §  962.  PROCEDURE.  1.  NO  PUBLIC ENFORCEMENT ACTION BY AN AGGRIEVED
 EMPLOYEE OR A  REPRESENTATIVE  ORGANIZATION  PURSUANT  TO  SECTION  NINE
 HUNDRED  SIXTY-ONE OF THIS ARTICLE ALLEGING A VIOLATION OF ANY PROVISION
 OF THIS CHAPTER MAY BE COMMENCED:
   A. PRIOR TO THIRTY DAYS AFTER WRITTEN NOTICE HAS  BEEN  GIVEN  BY  THE
 AGGRIEVED EMPLOYEE OR A REPRESENTATIVE ORGANIZATION TO THE COMMISSIONER.
 SUCH  WRITTEN NOTICE SHALL BE GIVEN IN SUCH A MANNER AS THE COMMISSIONER
 MAY PRESCRIBE BY REGULATION, SHALL BE CONSTRUED IN A LIGHT FAVORABLE  TO
 THE   AGGRIEVED  EMPLOYEE  OR  REPRESENTATIVE  ORGANIZATION,  AND  SHALL
 INCLUDE:
   (I) THE NAME, ADDRESS AND CONTACT INFORMATION OF THE EMPLOYER.
   (II) THE NAME, ADDRESS, OCCUPATION  AND  CONTACT  INFORMATION  OF  THE
 AGGRIEVED EMPLOYEE.
   (III)  THE NAME, ADDRESS AND CONTACT INFORMATION OF THE REPRESENTATIVE
 ORGANIZATION, IF THE ACTION IS BROUGHT BY A REPRESENTATIVE ORGANIZATION.
   (IV) THE NAME,  ADDRESS  AND  CONTACT  INFORMATION  OF  THE  AGGRIEVED
 EMPLOYEE'S LEGAL COUNSEL, SHOULD ONE EXIST.
   (V) A STATEMENT OF THE UNDERLYING CLAIM.
   (VI) ESTIMATED NUMBER OF EMPLOYEES AFFECTED.
   B. IF THE COMMISSIONER, AT ANY TIME PRIOR TO THE END OF THE THIRTY DAY
 NOTICE  PERIOD PRESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION OR PRIOR TO
 COMMENCEMENT OF SUCH ACTION, WHICHEVER IS LATER, AND UPON WRITTEN NOTICE
 TO THE AGGRIEVED EMPLOYEE WHO PROVIDED THE NOTICE  PRESCRIBED  IN  PARA-
 GRAPH  A  OF THIS SUBDIVISION, HAS COMMENCED AND IS ACTIVELY PROSECUTING
 AN ADMINISTRATIVE ENFORCEMENT PROCEEDING PURSUANT TO THIS CHAPTER  RELA-
 TIVE TO THE ALLEGED VIOLATION.
   C. IF THE COMMISSIONER, ON THE SAME FACTS AND THEORIES, CITES A PERSON
 WITHIN  THE  TIMEFRAMES SET FORTH IN THIS SECTION FOR A VIOLATION OF THE
 SAME SECTION OR SECTIONS OF  THIS  CHAPTER  UNDER  WHICH  THE  AGGRIEVED
 EMPLOYEE OR REPRESENTATIVE ORGANIZATION IS ATTEMPTING TO RECOVER A CIVIL
 PENALTY OR REMEDY ON BEHALF OF HIMSELF OR HERSELF OR OTHERS.
   2. THE COMMISSIONER MAY INTERVENE IN THE PUBLIC ENFORCEMENT ACTION AND
 PROCEED WITH ANY AND ALL CLAIMS IN THE ACTION:

 S. 6426                             5
 
   A. AS OF RIGHT WITHIN THE THIRTY DAY NOTICE PERIOD PRESCRIBED IN PARA-
 GRAPH A OF SUBDIVISION ONE OF THIS SECTION; OR
   B. FOR GOOD CAUSE, AS DETERMINED BY THE COURT, AFTER THE EXPIRATION OF
 THE  THIRTY  DAY  NOTICE PERIOD PRESCRIBED IN PARAGRAPH A OF SUBDIVISION
 ONE OF THIS SECTION.
   3. A. THE AGGRIEVED EMPLOYEE  OR  REPRESENTATIVE  ORGANIZATION  SHALL,
 WITHIN  TEN  DAYS  FOLLOWING  COMMENCEMENT OF A CIVIL ACTION PURSUANT TO
 THIS ARTICLE, PROVIDE THE COMMISSIONER WITH A FILE-STAMPED COPY  OF  THE
 COMPLAINT THAT INCLUDES THE CASE NUMBER ASSIGNED BY THE COURT.
   B.  EITHER  THE  COMMISSIONER OR A FEDERAL OR STATE COURT OF COMPETENT
 JURISDICTION SHALL REVIEW AND APPROVE ANY SETTLEMENT OF ANY CIVIL ACTION
 FILED PURSUANT TO THIS SECTION. THE COMMISSIONER OR COURT SHALL  APPROVE
 THE  SETTLEMENT IF IT IS FAIR, REASONABLE, AND ADEQUATE, IN LIGHT OF THE
 STATUTORY PURPOSE OF THE PROVISION OF THIS CHAPTER ALLEGED TO HAVE  BEEN
 VIOLATED AND THE PURPOSE OF THE EMPIRE WORKER PROTECTION ACT.
   C.  A  COPY OF THE COURT'S JUDGMENT IN ANY CIVIL ACTION FILED PURSUANT
 TO THIS ARTICLE AND ANY OTHER ORDER IN THAT ACTION THAT EITHER  PROVIDES
 FOR  OR  DENIES  AN AWARD OF CIVIL PENALTIES UNDER THIS ARTICLE SHALL BE
 SUBMITTED TO THE COMMISSIONER WITHIN TEN DAYS AFTER ENTRY OF  THE  JUDG-
 MENT OR ORDER.
   D.  ITEMS  REQUIRED  TO  BE  SUBMITTED  TO THE COMMISSIONER UNDER THIS
 SUBDIVISION SHALL BE TRANSMITTED IN SUCH A MANNER  AS  THE  COMMISSIONER
 SHALL  PRESCRIBE FOR THE FILING OF NOTICES UNDER PARAGRAPH A OF SUBDIVI-
 SION ONE OF THIS SECTION.
   4. IF A REPRESENTATIVE ORGANIZATION  INITIATES  A  PUBLIC  ENFORCEMENT
 ACTION  PURSUANT  TO  THIS ARTICLE, AN AGGRIEVED EMPLOYEE MUST ELECT THE
 REPRESENTATIVE ORGANIZATION IN WRITING IN A FORM WHICH THE  COMMISSIONER
 SHALL  BY  REGULATION PRESCRIBE. IN SUCH CASES, THE AGGRIEVED EMPLOYEE'S
 NAME AND PERSONAL IDENTIFYING INFORMATION SHALL BE KEPT CONFIDENTIAL  IF
 THE AGGRIEVED EMPLOYEE SO CHOOSES.
   5.  SUCH REGULATIONS PRESCRIBED PURSUANT TO PARAGRAPH A OF SUBDIVISION
 ONE OF THIS SECTION SHALL PROVIDE FOR THE RIGHT OF THE AGGRIEVED EMPLOY-
 EE OR REPRESENTATIVE ORGANIZATION TO FURNISH AN  AMENDED  NOTICE,  AFTER
 THE  NOTICE  BY  THE COMMISSIONER TO THE AGGRIEVED EMPLOYEE OR REPRESEN-
 TATIVE ORGANIZATION THAT THE ORIGINAL NOTICE WAS NOT IN COMPLIANCE  WITH
 THIS  SECTION  OR  THE REGULATIONS ISSUED THEREUNDER AND SPECIFYING WITH
 PARTICULARITY WHAT THE DEFICIENCIES WERE IN THE  ORIGINAL  NOTICE.  SUCH
 NOTICE  AND  OPPORTUNITY  TO AMEND SHALL BE PROVIDED BY THE COMMISSIONER
 WITHIN THIRTY DAYS OF THE ORIGINAL NOTICE OR THE ORIGINAL  NOTICE  SHALL
 BE  DEEMED  IN  COMPLIANCE WITH THIS SECTION.  THE AGGRIEVED EMPLOYEE OR
 REPRESENTATIVE ORGANIZATION SHALL HAVE THIRTY DAYS FROM RECEIVING NOTICE
 FROM THE COMMISSIONER THAT THEIR ORIGINAL NOTICE WAS NOT  IN  COMPLIANCE
 WITH THIS SECTION TO AMEND THE NOTICE.
   6.  FOR  THE PURPOSES OF DETERMINING WHETHER THE AGGRIEVED EMPLOYEE OR
 REPRESENTATIVE ORGANIZATION COMPLIED WITH THIS SECTION, THE NOTICE SHALL
 BE CONSTRUED IN A LIGHT FAVORABLE  TO  THE  EMPLOYEE  OR  REPRESENTATIVE
 ORGANIZATION.
   §  963.  CONSTRUCTION  AND  NON-APPLICATION. 1. THIS ARTICLE SHALL NOT
 APPLY  TO  THE  RECOVERY  OF  ADMINISTRATIVE  AND  CIVIL  PENALTIES   IN
 CONNECTION  WITH  THE UNEMPLOYMENT INSURANCE LAW AS CONTAINED IN ARTICLE
 EIGHTEEN OF THIS CHAPTER.
   2. THIS ARTICLE SHALL NOT APPLY TO THE RECOVERY OF ADMINISTRATIVE  AND
 CIVIL  PENALTIES  IN  CONNECTION WITH THE NEW YORK STATE LABOR RELATIONS
 ACT AS CONTAINED IN ARTICLE TWENTY OF THIS CHAPTER.
   3. SEVERABILITY. IF ANY WORD,  PHRASE,  CLAUSE,  SENTENCE,  PARAGRAPH,
 SUBDIVISION,  SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF

 S. 6426                             6
 
 TO ANY PERSON OR CIRCUMSTANCES SHALL BE ADJUDGED INVALID BY A  COURT  OF
 COMPETENT  JURISDICTION, SUCH ORDER OR JUDGMENT SHALL BE CONFINED IN ITS
 OPERATION TO THE CONTROVERSY IN WHICH IT WAS  RENDERED,  AND  SHALL  NOT
 AFFECT  OR  INVALIDATE  THE  REMAINDER  OF  THIS  ARTICLE,  BUT SHALL BE
 CONFINED IN ITS OPERATION TO THE WORD, PHRASE, CLAUSE,  SENTENCE,  PARA-
 GRAPH,  SUBDIVISION,  SECTION  OR  PART THEREOF DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   4. THIS ARTICLE SHALL BE CONSTRUED IN LIGHT OF ITS  REMEDIAL  PURPOSES
 TO EXPAND THE ENFORCEMENT OF THIS CHAPTER.
   § 4. This act shall take effect immediately.

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Senate Bill S6426

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2017-S6426 (ACTIVE) - Details

2017-S6426 (ACTIVE) - Summary

2017-S6426 (ACTIVE) - Sponsor Memo

2017-S6426 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6426

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Labor Committee

2017-S6426 (ACTIVE) - Details

2017-S6426 (ACTIVE) - Summary

2017-S6426 (ACTIVE) - Sponsor Memo

2017-S6426 (ACTIVE) - Bill Text download pdf

Comments