senate Bill S6426

2017-2018 Legislative Session

Enacts the Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act

download bill text pdf

Sponsored By

Current Bill Status - In Senate Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to labor
May 18, 2017 referred to labor

S6426 - Details

See Assembly Version of this Bill:
A7958
Law Section:
Labor Law
Laws Affected:
Add Art 33 ยงยง960 - 963, Lab L

S6426 - 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.

S6426 - Sponsor Memo

S6426 - 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".
  S 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

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