Assembly Bill A9175

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9175
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to issuing stop  work  orders
   for misclassification of employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new section 45 to read
 as follows:
   § 45. MISCLASSIFICATION OF EMPLOYEES; STOP  WORK  ORDERS.  1.  IF  THE
 COMMISSIONER   DETERMINES,   AFTER  AN  INVESTIGATION  PURSUANT  TO  THE
 PROVISIONS OF THIS CHAPTER, THAT AN EMPLOYER HAS KNOWINGLY MISCLASSIFIED
 EMPLOYEES AS INDEPENDENT CONTRACTORS OR PROVIDED FALSE,  INCOMPLETE,  OR
 MISLEADING  INFORMATION TO AN INSURANCE COMPANY ON THE NUMBER OF EMPLOY-
 EES OF SUCH EMPLOYER, THE  COMMISSIONER  SHALL  ISSUE,  NOT  LATER  THAN
 SEVENTY-TWO  HOURS  AFTER  MAKING  SUCH DETERMINATION, A STOP WORK ORDER
 AGAINST THE EMPLOYER REQUIRING THE CESSATION OF ALL BUSINESS  OPERATIONS
 OF  SUCH EMPLOYER. SUCH STOP WORK ORDER SHALL BE ISSUED ONLY AGAINST THE
 EMPLOYER FOUND TO BE IN VIOLATION AND ONLY AGAINST THE SPECIFIC PLACE OF
 BUSINESS OR EMPLOYMENT FOR WHICH THE VIOLATION EXISTS. SUCH ORDER  SHALL
 BE  EFFECTIVE  WHEN SERVED UPON THE EMPLOYER OR AT THE PLACE OF BUSINESS
 OR EMPLOYMENT. A STOP WORK ORDER MAY BE SERVED AT A PLACE OF BUSINESS OR
 EMPLOYMENT BY POSTING A COPY OF THE STOP WORK  ORDER  IN  A  CONSPICUOUS
 LOCATION AT THE PLACE OF BUSINESS OR EMPLOYMENT. SUCH ORDER SHALL REMAIN
 IN EFFECT UNTIL THE COMMISSIONER ISSUES AN ORDER RELEASING THE STOP WORK
 ORDER UPON A FINDING BY THE COMMISSIONER THAT THE EMPLOYER HAS COME INTO
 COMPLIANCE,  OR AFTER A HEARING HELD PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION.
   2. ANY EMPLOYER AGAINST WHICH A STOP WORK ORDER IS ISSUED PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION MAY REQUEST A HEARING BEFORE THE DEPART-
 MENT. SUCH REQUEST SHALL BE MADE IN WRITING TO THE COMMISSIONER NOT MORE
 THAN  TEN  DAYS  AFTER THE ISSUANCE OF SUCH ORDER. SUCH HEARING SHALL BE
 CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
   3. STOP WORK ORDERS AND ANY ADDITIONAL PENALTIES  IMPOSED  UNDER  THIS
 CHAPTER  AGAINST A CORPORATION, PARTNERSHIP OR SOLE PROPRIETORSHIP SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13916-01-3
 A. 9175                             2
 
 BE EFFECTIVE AGAINST ANY SUCCESSOR ENTITY THAT HAS ONE OR  MORE  OF  THE
 SAME  PRINCIPALS  OR  OFFICERS  AS  THE CORPORATION, PARTNERSHIP OR SOLE
 PROPRIETORSHIP AGAINST WHICH THE STOP WORK  ORDER  WAS  ISSUED  AND  ARE
 ENGAGED IN THE SAME OR EQUIVALENT TRADE OR ACTIVITY.
   4.  THE COMMISSIONER SHALL PROMULGATE ANY RULES AND REGULATIONS NECES-
 SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.