S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    448
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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, labor organiza-
 tions,  and  labor  organizations deputized by the state 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.
 When  the  New  York  labor law is effectively enforced, it protects the
 interests of all New Yorkers and the state of New  York.    Such  public
 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
 
 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-
 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 deter employers from  stealing  wages
 or  committing  other violations of the New York labor law and raise the
 cost of noncompliance with the New York labor law.
   7. The legislature further finds and declares that the purpose of  the
 EMPIRE  Worker  Protection  Act is to incentivize labor organizations to
 aid working people to report violations of the New York labor law.
   8. 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.
   9.  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 similar qui tam legislation enabling private citizens to
 aid in public enforcement, the resulting action is a public  enforcement
 action.
   §  3.  The  labor law is amended by adding a new article 37 to read as
 follows:
                                ARTICLE 37
  EMPOWERING PEOPLE IN RIGHTS ENFORCEMENT (EMPIRE) WORKER PROTECTION ACT
 SECTION 1150. DEFINITIONS.
         1151. PUBLIC ENFORCEMENT ACTION.
         1152. PROCEDURE.
         1153. NON-APPLICATION.
   § 1150. DEFINITIONS. WHENEVER USED IN THIS ARTICLE:
   1. "AFFECTED EMPLOYEE" MEANS ANY EMPLOYEE AS DEFINED BY SECTION TWO OF
 THIS CHAPTER WHO WAS EMPLOYED  BY  THE  ALLEGED  VIOLATOR  EMPLOYER  AND
 AGAINST WHOM ONE OF THE ALLEGED VIOLATIONS WAS COMMITTED, OR WAS ALLEGED
 TO HAVE BEEN 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  MISCLASSI-
 FICATION, WHETHER OR NOT THAT PERSON HAS RECEIVED FULL OR PARTIAL RELIEF
 FROM HARM.
   2.  "RELATOR" MEANS AN AFFECTED EMPLOYEE, A WHISTLEBLOWER, A REPRESEN-
 TATIVE ORGANIZATION, OR AN ORGANIZATIONAL DEPUTY THAT ACTS AS  A  PLAIN-
 TIFF IN A PUBLIC ENFORCEMENT ACTION UNDER THIS CHAPTER.
   3.  "WHISTLEBLOWER"  MEANS ANY CURRENT OR FORMER EMPLOYEE, CONTRACTOR,
 SUBCONTRACTOR, OR EMPLOYEE OF  A  CONTRACTOR  OR  SUBCONTRACTOR  OF  THE
 DEFENDANT  WITH  KNOWLEDGE OF THE ALLEGED VIOLATIONS THAT IS INDEPENDENT
 OF AND MATERIALLY ADDS TO ANY PUBLICLY DISCLOSED INFORMATION  ABOUT  THE
 ALLEGED  VIOLATIONS. WHISTLEBLOWERS ARE NOT ALSO "AFFECTED EMPLOYEES" IF
 THEY DO NOT SEEK CIVIL PENALTIES FOR VIOLATIONS THAT PERSONALLY AFFECTED
 THEM IN A PUBLIC ENFORCEMENT ACTION UNDER THIS CHAPTER.
   4. "EMPLOYER" MEANS ANY EMPLOYER AS DEFINED BY  SECTION  TWO  OF  THIS
 CHAPTER.  THE TERM "EMPLOYER" SHALL NOT INCLUDE A GOVERNMENTAL AGENCY.
   5. "REPRESENTATIVE ORGANIZATION" MEANS A LABOR ORGANIZATION AS DEFINED
 BY  SUBSECTION  (G)  OF  SECTION  FOUR  THOUSAND FOUR HUNDRED TWO OF THE
 INSURANCE LAW AND WHICH HAS BEEN SELECTED BY  AN  AFFECTED  EMPLOYEE  OR
 WHISTLEBLOWER  TO  INITIATE  A PUBLIC ENFORCEMENT ACTION ON THE AFFECTED
 S. 448                              3
 
 EMPLOYEE'S OR WHISTLEBLOWER'S BEHALF, IN WRITTEN NOTICE IN SUCH A MANNER
 AS THE COMMISSIONER MAY PRESCRIBE BY REGULATION. WHERE A  REPRESENTATIVE
 ORGANIZATION  IS  DESIGNATED  AS  THE  RELATOR, THE AFFECTED EMPLOYEE OR
 WHISTLEBLOWER  MAY  ELECT  TO  HAVE  THEIR NAME AND PERSONAL IDENTIFYING
 INFORMATION  BE  KEPT  CONFIDENTIAL  UNTIL  THE  RELATOR,  IN  ITS  SOLE
 DISCRETION,  DEEMS  SHARING  SUCH INFORMATION IS NECESSARY TO ESTABLISH,
 LITIGATE, MEDIATE, SETTLE, OR OTHERWISE PURSUE THE CLAIM.
   6. "PUBLIC ENFORCEMENT ACTION" MEANS  AN  ACTION  BROUGHT  UNDER  THIS
 ARTICLE  INTENDED  TO  ENFORCE THIS CHAPTER'S PROTECTIONS ENFORCEABLE BY
 THE COMMISSIONER.   NOTHING IN THIS  ARTICLE  SHALL  BE  INTERPRETED  TO
 PERMIT A PUBLIC ENFORCEMENT ACTION AGAINST A GOVERNMENTAL AGENCY.
   7. "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.
   8.  "VIOLATION"  MEANS  AN  EMPLOYER'S  NONCOMPLIANCE  WITH ANY OF THE
 REQUIREMENTS OF THE FOLLOWING ARTICLES OF THIS CHAPTER  AND  WITH  REGU-
 LATIONS  AND WAGE ORDERS PROMULGATED BY THE COMMISSIONER IN IMPLEMENTING
 SUCH ARTICLES:
   A. ARTICLE SIX EXCEPT SECTIONS ONE HUNDRED NINETY, ONE  HUNDRED  NINE-
 TY-ONE-A,  ONE HUNDRED NINETY-SIX, ONE HUNDRED NINETY-SIX-A, ONE HUNDRED
 NINETY-EIGHT-A, ONE HUNDRED NINETY-NINE, AND ONE HUNDRED NINETY-NINE-A;
   B. ARTICLE NINETEEN EXCEPT SECTIONS SIX  HUNDRED  FIFTY,  SIX  HUNDRED
 FIFTY-ONE,  SIX  HUNDRED  FIFTY-THREE  THROUGH  SIX  HUNDRED  SIXTY, SIX
 HUNDRED SIXTY-TWO, AND SIX HUNDRED SIXTY-FIVE;
   C. SECTIONS ONE HUNDRED SIXTY,  ONE  HUNDRED  SIXTY-ONE,  ONE  HUNDRED
 SIXTY-TWO,  ONE  HUNDRED SIXTY-THREE-A, ONE HUNDRED SIXTY-SEVEN, AND ONE
 HUNDRED SEVENTY OF ARTICLE FIVE;
   D. ARTICLE NINETEEN-A EXCEPT SECTIONS SIX HUNDRED SEVENTY THROUGH  SIX
 HUNDRED SEVENTY-TWO, SIX HUNDRED SEVENTY-FOUR THROUGH SIX HUNDRED SEVEN-
 TY-EIGHT, SIX HUNDRED EIGHTY, AND SIX HUNDRED EIGHTY-THREE;
   E.  ARTICLE NINETEEN-B EXCEPT SECTIONS SIX HUNDRED NINETY, SIX HUNDRED
 NINETY-THREE, AND SIX HUNDRED NINETY-FOUR;
   F. ARTICLE NINE EXCEPT SECTIONS TWO HUNDRED THIRTY, TWO HUNDRED  THIR-
 TY-FOUR THROUGH TWO HUNDRED THIRTY-SIX, AND TWO HUNDRED THIRTY-EIGHT;
   G.  ARTICLE  TWENTY-FIVE-A  EXCEPT SECTIONS EIGHT HUNDRED SIXTY, EIGHT
 HUNDRED SIXTY-A, EIGHT HUNDRED SIXTY-C THROUGH  EIGHT  HUNDRED  SIXTY-F,
 AND EIGHT HUNDRED SIXTY-I;
   H.  ARTICLE  TWENTY-FIVE-B  EXCEPT  SECTIONS  EIGHT  HUNDRED SIXTY-ONE
 THROUGH EIGHT HUNDRED SIXTY-ONE-B;
   I. ARTICLE TWENTY-FIVE-C EXCEPT SECTIONS EIGHT HUNDRED  SIXTY-TWO  AND
 EIGHT HUNDRED SIXTY-TWO-A;
   J.  ARTICLE  EIGHT  EXCEPT  SECTIONS  TWO HUNDRED TWENTY-E THROUGH TWO
 HUNDRED TWENTY-FOUR, TWO HUNDRED TWENTY-FOUR-B, AND TWO HUNDRED  TWENTY-
 FOUR-C;
   K. ARTICLE TWENTY-C;
   L.  SECTIONS  TWO  HUNDRED,  TWO HUNDRED ONE-G, TWO HUNDRED SIX-C, TWO
 HUNDRED FIFTEEN, AND TWO HUNDRED EIGHTEEN-B OF ARTICLE SEVEN; AND
   M. SECTION TWENTY-SEVEN-D OF ARTICLE TWO.
   9. "ORGANIZATIONAL DEPUTY" MEANS A LABOR ORGANIZATION  AS  DEFINED  BY
 SUBSECTION   (G)   OF   SECTION   FOUR  THOUSAND FOUR HUNDRED TWO OF THE
 INSURANCE LAW THAT HAS BEEN APPOINTED BY THE COMMISSIONER OR THE  ATTOR-
 NEY GENERAL TO REPRESENT THE STATE AS THE RELATOR IN THE PUBLIC ENFORCE-
 MENT  ACTION.  THE  COMMISSIONER  OR  THE  ATTORNEY  GENERAL  SHALL HAVE
 COMPLETE DISCRETION TO DETERMINE WHAT LABOR ORGANIZATIONS MAY  SERVE  AS
 THEIR ORGANIZATIONAL DEPUTY IN A PUBLIC ENFORCEMENT ACTION.
 S. 448                              4
 
   §  1151. PUBLIC ENFORCEMENT ACTION. 1. A RELATOR MAY INITIATE A PUBLIC
 ENFORCEMENT ACTION TO COLLECT CIVIL PENALTIES ON BEHALF OF  THE  COMMIS-
 SIONER  FOR  A  VIOLATION  IMPACTING  AFFECTED EMPLOYEES PURSUANT TO THE
 PROCEDURES SPECIFIED IN SECTION ONE THOUSAND FIFTY-TWO OF THIS  ARTICLE.
 A  RELATOR  MAY  ALLEGE MULTIPLE VIOLATIONS THAT HAVE AFFECTED DIFFERENT
 EMPLOYEES AND MAY SEEK INJUNCTIVE AND DECLARATORY RELIEF THAT THE  STATE
 WOULD BE ENTITLED TO SEEK.
   2.  A.  FOR  PURPOSES  OF  THIS SECTION, WHENEVER THE COMMISSIONER HAS
 DISCRETION TO ASSESS A CIVIL PENALTY, A COURT IS 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 THEREUNDER, IN A
 PUBLIC ENFORCEMENT ACTION, A COURT SHALL BE AUTHORIZED TO DETERMINE THAT
 AN EMPLOYER HAS COMMITTED SUCH A VIOLATION.
   B. FOR ANY VIOLATION DEFINED IN THIS ARTICLE, EXCEPT THOSE FOR WHICH A
 CIVIL PENALTY IS SPECIFICALLY PROVIDED, THERE  IS  ESTABLISHED  A  CIVIL
 PENALTY OF FIVE HUNDRED DOLLARS FOR EACH AFFECTED EMPLOYEE PER PAY PERI-
 OD  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. IN ANY CIVIL ACTION COMMENCED PURSUANT TO THIS ARTICLE,  THE  COURT
 SHALL  ALLOW  A  PREVAILING RELATOR TO RECOVER ALL REASONABLE ATTORNEYS'
 FEES, EXPERT FEES AND OTHER COSTS.  THE COURT MAY ALSO ALLOW A  PREVAIL-
 ING  RELATOR  TO  RECOVER ALL REASONABLE ANCILLARY COSTS ASSOCIATED WITH
 SERVING AS A RELATOR.   FOR THE  PURPOSES  OF  THIS  ARTICLE,  THE  TERM
 "PREVAILING"  INCLUDES  A  RELATOR  WHOSE COMMENCEMENT OF LITIGATION HAS
 ACTED AS A CATALYST TO EFFECT POLICY CHANGE ON THE PART OF  THE  DEFEND-
 ANT, REGARDLESS OF WHETHER THAT CHANGE HAS BEEN IMPLEMENTED VOLUNTARILY,
 AS  A  RESULT  OF  A  SETTLEMENT  OR  AS  A RESULT OF A JUDGMENT IN SUCH
 RELATOR'S FAVOR.
   D. NOTHING IN THIS SECTION SHALL OPERATE TO LIMIT AN AFFECTED  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.
   E.  NOTHING  IN THIS SECTION SHALL OPERATE TO LIMIT THE COMMISSIONER'S
 OR THE ATTORNEY GENERAL'S RIGHT TO SEEK RESTITUTION AND  DAMAGES,  WHERE
 AVAILABLE,  FOR AFFECTED EMPLOYEES IN CONJUNCTION WITH A PUBLIC ENFORCE-
 MENT ACTION IN WHICH IT HAS INTERVENED.
   3. A.  CIVIL PENALTIES RECOVERED IN PUBLIC ENFORCEMENT  ACTIONS  SHALL
 BE  DISTRIBUTED  AS  FOLLOWS:    WHERE  THE COMMISSIONER OR THE ATTORNEY
 GENERAL HAS NOT INTERVENED, OR WHERE THE COMMISSIONER  OR  THE  ATTORNEY
 GENERAL  HAS  APPOINTED AN ORGANIZATIONAL DEPUTY TO PROCEED AS THE RELA-
 TOR, FORTY PERCENT TO THE RELATOR; AND SIXTY 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; WHERE THE COMMISSIONER  OR  THE  ATTORNEY
 GENERAL  HAS  INTERVENED,  THIRTY  PERCENT  TO  THE RELATOR; AND SEVENTY
 PERCENT TO THE COMMISSIONER FOR ENFORCEMENT OF THIS CHAPTER  AND  EDUCA-
 TION  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.
   B.  THE  RELATOR SHALL EQUITABLY DISTRIBUTE THE SHARE OF PENALTIES DUE
 THE RELATOR AMONG AFFECTED EMPLOYEES.   IF THE RELATOR  IS  AN  AFFECTED
 EMPLOYEE  OR  WHISTLEBLOWER,  THEY  SHALL  ALSO BE ENTITLED TO RECOVER A
 S. 448                              5
 
 SERVICE AWARD FROM THE PENALTIES RECOVERED, IF THEY PREVAIL IN ACHIEVING
 RELIEF, IN WHOLE OR IN PART, FOR VIOLATIONS THAT AFFECTED OTHER  EMPLOY-
 EES.  THE SERVICE AWARD SHALL BE NOT LESS THAN FIVE THOUSAND DOLLARS AND
 NOT  MORE  THAN  TWENTY THOUSAND DOLLARS, UNLESS THE AMOUNT RECOVERED AS
 CIVIL PENALTIES IS LESS THAN TWENTY THOUSAND DOLLARS.  THE  COURT  SHALL
 DETERMINE  THE  SERVICE AWARD BY TAKING DUE CONSIDERATION OF THE BURDENS
 AND RISKS ASSUMED BY THE RELATOR IN PROSECUTING THE ACTION. IF THE RELA-
 TOR  IS  A  REPRESENTATIVE  ORGANIZATION  OR  AN  ORGANIZATIONAL  DEPUTY
 APPOINTED BY THE COMMISSIONER OR THE ATTORNEY GENERAL, IT SHALL DISTRIB-
 UTE  ALL  RECOVERED  PENALTIES  TO  AFFECTED  EMPLOYEES  BUT MAY RECOVER
 REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN PROSECUTING THE  ACTION
 AND  ANCILLARY  COSTS  ASSOCIATED WITH SERVING AS A RELATOR. THE RELATOR
 SHALL SUBMIT A DISTRIBUTION SUMMARY TO THE COMMISSIONER AND THE ATTORNEY
 GENERAL.
   4. THE RIGHT TO BRING A PUBLIC ENFORCEMENT ACTION UNDER  THIS  ARTICLE
 SHALL  NOT BE SUBJECT TO PRIVATE AGREEMENTS BETWEEN AN AFFECTED EMPLOYEE
 AND AN EMPLOYER OR ALLEGED EMPLOYER, UNLESS SUCH AGREEMENTS ARE  COLLEC-
 TIVELY  BARGAINED  AND THE BARGAINING AGREEMENT PROVIDES A FORUM FOR THE
 ENFORCEMENT OF RIGHTS AND  REMEDIES  OTHERWISE  ENFORCEABLE  UNDER  THIS
 ARTICLE.    THE  RIGHT TO REPRESENT THE STATE WITH RESPECT TO VIOLATIONS
 AFFECTING OTHER WORKERS SHALL NOT  BE  WAIVABLE  BY  PRIVATE  AGREEMENT,
 UNLESS  SUCH AGREEMENTS ARE  COLLECTIVELY  BARGAINED  AND THE BARGAINING
 AGREEMENT PROVIDES A FORUM FOR THE ENFORCEMENT OF RIGHTS AND    REMEDIES
 OTHERWISE ENFORCEABLE  UNDER  THIS ARTICLE, INCLUDING AN AWARD OF PENAL-
 TIES AUTHORIZED BY THIS ARTICLE.
   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
 PUBLIC ENFORCEMENT ACTION UNDER THIS ARTICLE SHALL BE  TOLLED  FROM  THE
 DATE A RELATOR FILES A NOTICE PURSUANT TO SECTION ONE THOUSAND FIFTY-TWO
 OF  THIS  ARTICLE WITH THE COMMISSIONER AND THE ATTORNEY GENERAL, OR THE
 COMMISSIONER OR THE ATTORNEY GENERAL COMMENCES AN INVESTIGATION,  WHICH-
 EVER IS EARLIER.
   6.  THE  COMMISSIONER SHALL ESTABLISH A DATABASE OF PUBLIC ENFORCEMENT
 NOTICES SUBMITTED PURSUANT TO THIS ARTICLE, INCLUDING THE  PARTIES,  THE
 DISPOSITION  AND  ANY  OTHER INFORMATION WHICH THE COMMISSIONER SHALL BY
 REGULATION PRESCRIBE AND SHALL  MAKE  SUCH  DATABASE  AVAILABLE  TO  THE
 PUBLIC  ONLINE.  THE COMMISSIONER SHALL ALSO PUBLISH AN ANNUAL REPORT OF
 TOTAL PENALTIES RECOVERED UNDER THIS CHAPTER.
   7. A. NO EMPLOYER  OR  THE  EMPLOYER'S  AGENT,  EMPLOYEE,  CONTRACTOR,
 SUBCONTRACTOR  OR  THE OFFICER OR AGENT OF ANY CORPORATION, PARTNERSHIP,
 OR LIMITED LIABILITY COMPANY,  OR  ANY  OTHER  PERSON  SHALL  DISCHARGE,
 DEMOTE,  SUSPEND,  THREATEN, HARASS, OR IN ANY OTHER MANNER DISCRIMINATE
 AGAINST ANY PERSON BECAUSE OF ANY LAWFUL ACT DONE BECAUSE:
   (I) THE RELATOR OR POTENTIAL RELATOR BROUGHT OR IS PERCEIVED  TO  HAVE
 BROUGHT A PUBLIC ENFORCEMENT ACTION;
   (II) THE RELATOR OR POTENTIAL RELATOR HAS PROVIDED INFORMATION, CAUSED
 INFORMATION  TO  BE PROVIDED, OR OTHERWISE ASSISTED IN A PUBLIC ENFORCE-
 MENT ACTION  OR  PROVIDED  INFORMATION,  OR  CAUSED  INFORMATION  TO  BE
 PROVIDED  TO  A  PERSON  WITH  SUPERVISORY AUTHORITY OVER THE RELATOR OR
 POTENTIAL RELATOR REGARDING CONDUCT THAT THE RELATOR OR POTENTIAL  RELA-
 TOR REASONABLY BELIEVES CONSTITUTES A VIOLATION OF THIS SECTION; OR
   (III)  THE  PERSON  BELIEVES THAT THE RELATOR OR POTENTIAL RELATOR MAY
 BRING A PUBLIC ENFORCEMENT ACTION OR COOPERATE WITH ONE.
   B. ANY PERSON AFFECTED BY A VIOLATION  OF  THIS  SUBDIVISION,  OR  ANY
 AFFECTED EMPLOYEE, WHISTLEBLOWER, REPRESENTATIVE ORGANIZATION, ORGANIZA-
 S. 448                              6
 
 TIONAL  DEPUTY, OR THE COMMISSIONER, OR THE ATTORNEY GENERAL MAY BRING A
 PUBLIC ENFORCEMENT ACTION FOR ALL APPROPRIATE RELIEF, INCLUDING  ENJOIN-
 ING  THE  CONDUCT  OF  ANY PERSON OR EMPLOYER; ORDERING PAYMENT OF CIVIL
 PENALTIES  AS  PROVIDED  BY SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER,
 COSTS AND REASONABLE ATTORNEYS' FEES TO THE EMPLOYEE BY  THE  PERSON  OR
 ENTITY  IN VIOLATION; AND, WHERE THE PERSON OR ENTITY IN VIOLATION IS AN
 EMPLOYER, ORDERING REHIRING OR REINSTATEMENT  OF  THE  EMPLOYEE  TO  THE
 EMPLOYEE'S  FORMER  POSITION  WITH  RESTORATION OF SENIORITY. ANY PERSON
 AFFECTED BY A VIOLATION OF THIS  SUBDIVISION  MAY  ALSO  BRING  A  CIVIL
 ACTION  IN  A  COURT  OF  COMPETENT JURISDICTION AGAINST ANY EMPLOYER OR
 PERSONS ALLEGED TO HAVE VIOLATED  THE  PROVISIONS  OF  THIS  SUBDIVISION
 PURSUANT TO SUBDIVISION TWO OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAP-
 TER.
   C.  THERE  SHALL  BE A REBUTTABLE PRESUMPTION THAT ANY ADVERSE ACTIONS
 TAKEN AGAINST A RELATOR WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE RELATOR
 HAS FILED AN ACTION UNDER THIS CHAPTER IS RETALIATORY. NOTHING  IN  THIS
 SUBDIVISION SHALL BE INTERPRETED TO PROHIBIT AN INFERENCE OF RETALIATORY
 MOTIVE  AFTER  ONE  HUNDRED  EIGHTY  DAYS AFTER THE RELATOR HAS FILED AN
 ACTION UNDER THIS CHAPTER.
   § 1152. PROCEDURE. 1. NO PUBLIC ENFORCEMENT ACTION BY A RELATOR PURSU-
 ANT TO SECTION ONE THOUSAND FIFTY-ONE OF THIS ARTICLE MAY BE COMMENCED:
   A. PRIOR TO SIXTY DAYS AFTER WRITTEN NOTICE  HAS  BEEN  GIVEN  BY  THE
 RELATOR  TO  THE  COMMISSIONER AND TO THE ATTORNEY GENERAL.  THE RELATOR
 SHALL SUBMIT A FILING FEE OF SEVENTY-FIVE DOLLARS TO  THE  COMMISSIONER,
 AND  THE TIME PERIODS IN THIS SECTION SHALL BEGIN WHEN NOTICE AND FILING
 FEE HAVE BEEN SUBMITTED. THE FEES REQUIRED BY THIS PARAGRAPH ARE SUBJECT
 TO WAIVER IN ACCORDANCE WITH RULES PROMULGATED BY THE COMMISSIONER.  THE
 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
 RELATOR, AND SHALL INCLUDE:
   (I) THE NAME, ADDRESS AND CONTACT INFORMATION OF THE EMPLOYER.
   (II)  THE  NAME,  ADDRESS,  AND  CONTACT  INFORMATION  OF THE AFFECTED
 EMPLOYEE OR WHISTLEBLOWER.
   (III) IF THE ACTION IS BROUGHT BY A REPRESENTATIVE  ORGANIZATION,  THE
 NAME,  ADDRESS  AND  CONTACT INFORMATION OF THE REPRESENTATIVE ORGANIZA-
 TION, ITS QUALIFICATION AS A REPRESENTATIVE ORGANIZATION AS  DEFINED  IN
 THIS  CHAPTER,  AND  THE  FORM  ON  WHICH  THE WHISTLEBLOWER OR AFFECTED
 EMPLOYEE HAS DESIGNATED THE REPRESENTATIVE ORGANIZATION.
   (IV) IF THE ACTION IS BROUGHT BY AN AFFECTED EMPLOYEE OR  WHISTLEBLOW-
 ER, THE NAME, ADDRESS, AND CONTACT INFORMATION OF ANY LABOR ORGANIZATION
 THAT  HAS  ASSISTED WITH THE FILING OF THE WRITTEN NOTICE, AND WHO WOULD
 BE AVAILABLE TO SERVE AS AN ORGANIZATIONAL  DEPUTY  SHOULD  THEY  BE  SO
 APPOINTED BY THE COMMISSIONER OR THE ATTORNEY GENERAL.
   (V)  THE  NAME, ADDRESS AND CONTACT INFORMATION OF THE RELATOR'S LEGAL
 COUNSEL, SHOULD ONE EXIST.
   (VI) A STATEMENT OF THE UNDERLYING CLAIM.
   (VII) IF THE RELATOR IS A "WHISTLEBLOWER", THE RELATOR'S KNOWLEDGE  OF
 THE  ALLEGED  VIOLATIONS  THAT  IS INDEPENDENT OF AND MATERIALLY ADDS TO
 PUBLICLY DISCLOSED INFORMATION.
   (VIII) AFTER SEARCHING THE DATABASE ESTABLISHED PURSUANT  TO  SUBDIVI-
 SION  SIX  OF SECTION ONE THOUSAND FIFTY-ONE OF THIS ARTICLE FOR NOTICES
 ALLEGING THE SAME FACTS AND LEGAL THEORIES, A SUMMARY OF SUCH NOTICES OR
 STATEMENT THAT NO SUCH NOTICES EXIST, PROVIDED THAT A NOTICE FILED BY  A
 PRO  SE  LITIGANT  MAY  NOT  BE  REJECTED  FOR FAILURE TO CONDUCT SUCH A
 SEARCH.
 S. 448                              7
 
   B. IF THE COMMISSIONER OR THE ATTORNEY GENERAL, AT ANY TIME  PRIOR  TO
 THE END OF THE SIXTY-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  RELATOR  WHO  PROVIDED  THE  NOTICE
 PRESCRIBED  IN  PARAGRAPH  A  OF  THIS SUBDIVISION, HAS COMMENCED AND IS
 ACTIVELY PROSECUTING AN ADMINISTRATIVE ENFORCEMENT  PROCEEDING  PURSUANT
 TO THIS CHAPTER RELATIVE TO THE ALLEGED VIOLATION.
   C.  IF THE COMMISSIONER OR THE ATTORNEY GENERAL, 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 RELATOR IS ATTEMPTING TO RECOVER A CIVIL PENALTY OR REMEDY ON
 BEHALF OF THE RELATOR OR OTHERS.
   D. IF THE VIOLATION IS OF A POSTING OR AGENCY REPORTING REQUIREMENT OR
 AGENCY FILING REQUIREMENT, EXCEPT WHERE THE FILING OR REPORTING REQUIRE-
 MENT INVOLVES MANDATORY PAYROLL OR INJURY REPORTING.
   E. IF THE VIOLATION IS FOR MINOR  VARIATIONS  IN  THE  LEGAL  NAME  OR
 ADDRESS  OF  THE  EMPLOYER  IN  A WAGE STATEMENT OR WAGE NOTICE REQUIRED
 UNDER ARTICLE SIX OF THIS CHAPTER, PROVIDED THAT THE VARIATIONS  DO  NOT
 IMPAIR A WORKER'S ABILITY TO PROMPTLY AND EASILY IDENTIFY THE EMPLOYER.
   2.  THE  COMMISSIONER OR THE ATTORNEY GENERAL MAY, AFTER RECEIVING THE
 NOTICE, APPOINT AN ORGANIZATIONAL DEPUTY FOR  THE  COMMISSIONER  OR  THE
 ATTORNEY  GENERAL  (BASED  ON WHO MAKES THE APPOINTMENT) TO SERVE AS THE
 RELATOR, INSTEAD OF THE PERSON WHO FILED THE NOTICE. THAT ORGANIZATIONAL
 DEPUTY MAY THEN PROCEED WITH THE PUBLIC ENFORCEMENT ACTION ON BEHALF  OF
 THE  STATE. IF THE COMMISSIONER OR THE ATTORNEY GENERAL HAS APPOINTED AN
 ORGANIZATIONAL DEPUTY AS THE RELATOR, THAT ORGANIZATIONAL  DEPUTY  SHALL
 SERVE  AS  THE  RELATOR  IN  ACCORDANCE  WITH  ALL  THE OTHER PROCEDURES
 OUTLINED IN THIS ARTICLE. THE  DECISION  TO  APPOINT  AN  ORGANIZATIONAL
 DEPUTY  SHALL  NOT  BE  CONSTRUED  AS THE COMMISSIONER'S OR THE ATTORNEY
 GENERAL'S DIRECT INTERVENING IN THE PUBLIC ENFORCEMENT ACTION.
   3. THE COMMISSIONER OR THE  ATTORNEY  GENERAL  MAY  INTERVENE  IN  THE
 PUBLIC  ENFORCEMENT  ACTION  AND  PROCEED WITH ANY AND ALL CLAIMS IN THE
 ACTION:
   A. AS OF RIGHT WITHIN THE SIXTY-DAY NOTICE PERIOD PRESCRIBED IN  PARA-
 GRAPH A OF SUBDIVISION ONE OF THIS SECTION;
   B. FOR GOOD CAUSE, AS DETERMINED BY THE COURT, AFTER THE EXPIRATION OF
 THE SIXTY-DAY NOTICE PERIOD PRESCRIBED IN PARAGRAPH A OF SUBDIVISION ONE
 OF THIS SECTION; OR
   C.  IF  A  PREVIOUS RELATOR BECOMES UNAVAILABLE TO CONTINUE THE PUBLIC
 ENFORCEMENT ACTION, BY  APPOINTING  AN  ORGANIZATIONAL  DEPUTY  FOR  THE
 COMMISSIONER  OR  THE  ATTORNEY GENERAL (BASED ON WHO MAKES THE APPOINT-
 MENT) TO PROCEED WITH THE PUBLIC ENFORCEMENT ACTION  ON  BEHALF  OF  THE
 STATE.  IF  THE COMMISSIONER OR THE ATTORNEY GENERAL HAS SO APPOINTED AN
 ORGANIZATIONAL DEPUTY, THE ORGANIZATIONAL  DEPUTY  SHALL  SERVE  AS  THE
 RELATOR  IN  ACCORDANCE  WITH  ALL THE OTHER PROCEDURES OUTLINED IN THIS
 ARTICLE. THE DECISION TO APPOINT AN ORGANIZATIONAL DEPUTY SHALL  NOT  BE
 CONSTRUED AS THE COMMISSIONER OR THE ATTORNEY GENERAL DIRECTLY INTERVEN-
 ING IN THE PUBLIC ENFORCEMENT ACTION.
   4.  IF  THE  COMMISSIONER  OR  THE  ATTORNEY  GENERAL INTERVENES IN AN
 ACTION, THE COMMISSIONER MAY TAKE PRIMARY RESPONSIBILITY FOR  LITIGATING
 THE  ACTION AND SHALL NOT BE BOUND BY AN ACT OF THE RELATOR BRINGING THE
 ACTION. IN SUCH CASES, THE RELATOR SHALL REMAIN A PARTY TO  THE  ACTION.
 THE  COMMISSIONER  OR  THE  ATTORNEY  GENERAL  MAY ALSO INTERVENE IN THE
 ACTION FOR THE LIMITED PURPOSE OF FILING  A  STATEMENT  OF  INTEREST  OR
 OTHERWISE  ADVANCING THE STATE'S VIEW ABOUT LEGAL ISSUES AT STAKE IN THE
 ACTION. IF THE COMMISSIONER OR THE ATTORNEY GENERAL HAS  INTERVENED  FOR
 S. 448                              8
 
 THE  PURPOSE OF TAKING PRIMARY RESPONSIBILITY FOR LITIGATING THE ACTION,
 THE COMMISSIONER OR ATTORNEY GENERAL MAY DISMISS OR  SETTLE  THE  ACTION
 AFTER  THE RELATOR HAS BEEN NOTIFIED OF THE FILING OF THE MOTION AND HAS
 BEEN  PROVIDED WITH AN OPPORTUNITY TO BE HEARD, AND THE COURT DETERMINES
 THAT SUCH DISMISSAL OR SETTLEMENT IS FAIR, ADEQUATE, REASONABLE, AND  IN
 THE PUBLIC INTEREST.
   5.  EITHER  THE  COMMISSIONER,  THE  ATTORNEY GENERAL, OR A FEDERAL OR
 STATE COURT OF COMPETENT  JURISDICTION  SHALL  REVIEW  AND  APPROVE  ANY
 SETTLEMENT  OF ANY CIVIL ACTION FILED PURSUANT TO THIS ARTICLE OR OF ANY
 CLAIM FOR WHICH A RELATOR HAS PROVIDED NOTICE PURSUANT TO THIS  SECTION.
 THE  COMMISSIONER,  THE ATTORNEY GENERAL, OR THE COURT SHALL APPROVE THE
 SETTLEMENT IF IT IS FAIR, REASONABLE AND ADEQUATE, IN LIGHT OF THE STAT-
 UTORY PURPOSE OF THE PROVISION OF THIS  CHAPTER  ALLEGED  TO  HAVE  BEEN
 VIOLATED AND THE PURPOSE OF THIS ARTICLE.
   6.  A.  THE RELATOR SHALL, WITHIN TEN DAYS FOLLOWING COMMENCEMENT OF A
 CIVIL ACTION PURSUANT TO THIS ARTICLE, PROVIDE THE COMMISSIONER AND  THE
 ATTORNEY GENERAL WITH A FILE-STAMPED COPY OF THE COMPLAINT THAT INCLUDES
 THE CASE NUMBER ASSIGNED BY THE COURT.
   B.  IF  THE  COMMISSIONER  OR  THE  ATTORNEY  GENERAL SO REQUESTS, THE
 COMMISSIONER OR THE ATTORNEY GENERAL SHALL  BE  SERVED  WITH  COPIES  OF
 PLEADINGS  FILED  IN THE ACTION AND SHALL BE SUPPLIED WITH COPIES OF ALL
 DEPOSITION TRANSCRIPTS. THE COMMISSIONER OR THE ATTORNEY  GENERAL  SHALL
 BEAR ANY COSTS ASSOCIATED WITH SERVICE OF SUCH PLEADINGS AND DEPOSITIONS
 IF THERE ARE SUCH COSTS.
   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 AND THE ATTORNEY GENERAL WITHIN  TEN  DAYS
 AFTER ENTRY OF THE JUDGMENT 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.
   7. SUCH REGULATIONS PRESCRIBED PURSUANT TO PARAGRAPH A OF  SUBDIVISION
 ONE  OF  THIS  SECTION  SHALL  PROVIDE  FOR  THE RIGHT OF THE RELATOR TO
 FURNISH AN AMENDED NOTICE, AFTER THE NOTICE BY THE COMMISSIONER  TO  THE
 RELATOR 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 SIXTY
 DAYS OF THE ORIGINAL NOTICE OR THE ORIGINAL NOTICE SHALL  BE  DEEMED  IN
 COMPLIANCE  WITH  THIS SECTION.  THE RELATOR 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.
   8. A PUBLIC ENFORCEMENT ACTION SHALL BE TRIED PROMPTLY, WITHOUT REGARD
 TO  CONCURRENT  ADJUDICATION OF PRIVATE CLAIMS, INCLUDING WITHOUT REGARD
 TO CONCURRENT ADJUDICATION OF CLAIMS FOR VIOLATIONS PERSONALLY AFFECTING
 THE RELATOR.
   9. NO PUBLIC ENFORCEMENT ACTION BROUGHT PURSUANT TO THIS ARTICLE SHALL
 BE REQUIRED TO MEET THE REQUIREMENTS OF RULE 23(A) OF THE FEDERAL  RULES
 OF CIVIL PROCEDURE OR ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
   10.  THE  RULES  GOVERNING  PRETRIAL DISCOVERY IN A PUBLIC ENFORCEMENT
 ACTION BROUGHT PURSUANT TO THIS ARTICLE  SHALL  BE  THE  SAME  AS  THOSE
 APPLICABLE  TO OTHER CIVIL ACTIONS. NO SPECIAL SHOWING OF MERIT OR OTHER
 ADDITIONAL REQUIREMENT SHALL BE IMPOSED ON A RELATOR'S DISCOVERY  RIGHTS
 IN SUCH AN ACTION.
 S. 448                              9
 
   11.  A  RELATOR  BRINGING  AN ACTION PURSUANT TO THIS ARTICLE SHALL BE
 ENTITLED TO  DISCOVERY  REGARDING  THE  ALLEGED  VIOLATIONS  AS  TO  ALL
 AFFECTED EMPLOYEES AS DEFINED IN THIS ARTICLE.
   12.  WHEN  RELATED PUBLIC ENFORCEMENT ACTIONS ARE PENDING, THE PARTIES
 SHALL IMMEDIATELY NOTIFY THE COURTS OVERSEEING SUCH ACTIONS OF THE OVER-
 LAP AND SUBMIT A JOINT  STATEMENT  DESCRIBING  THE  OVERLAP,  WHICH  MAY
 PROPOSE  A  PROCESS  TO  ENSURE THE JUST, SPEEDY, AND EFFICIENT DETERMI-
 NATION OF THE ACTIONS. THE COURT MAY APPOINT  LEAD  ENFORCEMENT  COUNSEL
 WITH  SOLE RESPONSIBILITY FOR ASSERTING THE RELATED CLAIMS, WITH CONSID-
 ERATION OF THE FOLLOWING FACTORS:
   A. THE WORK THAT COUNSEL HAS DONE IN INVESTIGATING THE CLAIMS;
   B. COUNSEL'S EXPERIENCE LITIGATING LABOR LAW AND PAST  PERFORMANCE  IN
 SIMILAR CASES;
   C. COUNSEL'S DILIGENCE IN ADVANCING THE CASE;
   D.  THE RESOURCES THAT COUNSEL HAS COMMITTED AND WILL COMMIT TO PROSE-
 CUTING THE CASE, AND THE RELATIVE RESOURCES AT COUNSEL'S DISPOSAL; AND
   E. THE LENGTH OF TIME EACH ACTION HAS BEEN PENDING.
   § 1153. NON-APPLICATION. 1. THIS ARTICLE SHALL NOT APPLY TO THE RECOV-
 ERY OF ADMINISTRATIVE AND CIVIL PENALTIES IN CONNECTION WITH  THE  UNEM-
 PLOYMENT 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
 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, and shall permit relators
 to bring actions concerning New York Labor Law violations that  occurred
 within  the  six  years  prior  to this act's effective date, unless the
 Labor Law provides a shorter statute of limitations with respect to  the
 specific  violation  in  question, in which case that shorter statute of
 limitations shall apply.