|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to labor|
|May 18, 2017||referred to labor|
senate Bill S6426
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6426 (ACTIVE) - Details
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.
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
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.
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