senate Bill S12A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 09, 2022 print number 12a
May 09, 2022 amend and recommit to labor
Jan 05, 2022 referred to labor
Jan 06, 2021 referred to labor

Co-Sponsors

view additional co-sponsors

S12 - Details

See Assembly Version of this Bill:
A5876
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 34 §§960 - 963, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6426, A7958
2019-2020: S1848, A2265

S12 - 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, whistleblower or representative organization to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.

S12 - Sponsor Memo

S12 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    12
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, GIANARIS, JACKSON, KENNEDY, KRUEG-
   ER, MAYER, MYRIE, RAMOS, SALAZAR, SANDERS, SERRANO,  SKOUFIS  --  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

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

Co-Sponsors

view additional co-sponsors

S12A (ACTIVE) - Details

See Assembly Version of this Bill:
A5876
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 34 §§960 - 963, Lab L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6426, A7958
2019-2020: S1848, A2265

S12A (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, whistleblower or representative organization to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.

S12A (ACTIVE) - Sponsor Memo

S12A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   12--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, GIANARIS, JACKSON, KENNEDY, KRUEG-
   ER, MAYER, MYRIE, RAMOS, REICHLIN-MELNICK, SALAZAR, SANDERS,  SERRANO,
   SKOUFIS  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Labor -- recommitted to the Committee on
   Labor  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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

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

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