Senate Bill S8452A

2023-2024 Legislative Session

Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S8452 - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §§21 & 224-b, add §21-g, Lab L; add §142-a, Work Comp L

2023-S8452 - Summary

Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.

2023-S8452 - Sponsor Memo

2023-S8452 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8452
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law and  the  workers'  compensation  law,  in
   relation to the issuing of stop-work orders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "stop work-
 place abuse today (SWAT) act".
   § 2. Section 21 of the labor law is amended by adding a  new  subdivi-
 sion 17 to read as follows:
   17.  SHALL  BE  AUTHORIZED  TO ISSUE STOP-WORK ORDERS AS A RESULT OF A
 VIOLATION OF THIS CHAPTER.
   § 3. The labor law is amended by adding a new section 21-g to read  as
 follows:
   § 21-G. STOP-WORK ORDERS. 1. IN ADDITION TO ANY OTHER PENALTIES, REME-
 DIES  OR SANCTIONS AS PROVIDED BY THIS CHAPTER, AN EMPLOYER WHO VIOLATES
 ARTICLE SIX (PAYMENT OF WAGES), ARTICLE  NINETEEN  (MINIMUM  WAGE  ACT),
 ARTICLE  NINETEEN-A  (MINIMUM  WAGE STANDARDS AND PROTECTIVE LABOR PRAC-
 TICES FOR FARM WORKERS),  SECTION  TWO  HUNDRED  TWELVE-A,  SECTION  TWO
 HUNDRED  TWELVE-B,  SECTION ONE HUNDRED SIXTY-ONE OR SECTION ONE HUNDRED
 SIXTY-TWO OF THIS CHAPTER, OR ANY RULE OR REGULATION PROMULGATED  THERE-
 UNDER,  AND  SUCH AGGREGATE AMOUNT EXCEEDS ONE THOUSAND DOLLARS SHALL BE
 SUBJECT TO A STOP-WORK ORDER BY  THE  COMMISSIONER.    THE  COMMISSIONER
 SHALL ALSO BE AUTHORIZED TO ISSUE A STOP-WORK ORDER IF THE DEPARTMENT IS
 MADE  AWARE  OF  ANY  LOCAL, CITY OR FEDERAL LABOR VIOLATION RELATING TO
 PAYMENT OF WAGES BY AN EMPLOYER AND THE COMMISSIONER DEEMS  A  STOP-WORK
 ORDER AN APPROPRIATE ACTION AS A RESULT OF SUCH VIOLATION.
   2.  A  STOP-WORK  ORDER  AGAINST  AN  EMPLOYER SHALL APPLY AGAINST ANY
 SUCCESSOR FIRM, CORPORATION, OR PARTNERSHIP OF THE EMPLOYER IN THE  SAME
 MANNER THAT IT APPLIES TO THE EMPLOYER.
   3.  WITHIN  SEVENTY-TWO HOURS OF FINDING A VIOLATION UNDER SUBDIVISION
 ONE OF THIS SECTION AFTER INVESTIGATION, THE COMMISSIONER  SHALL  NOTIFY
 SUCH  EMPLOYER IN WRITING OF THEIR INTENTION TO ISSUE A STOP-WORK ORDER.
 SUCH NOTICE SHALL: (A) BE SERVED IN A  MANNER  CONSISTENT  WITH  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S8452A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd §§21 & 224-b, add §21-g, Lab L; add §142-a, Work Comp L

2023-S8452A (ACTIVE) - Summary

Authorizes the commissioner of labor and the workers' compensation board to issue stop-work orders; establishes procedure for the issuance of such orders; establishes penalties for failure to comply with such orders.

2023-S8452A (ACTIVE) - Sponsor Memo

2023-S8452A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8452--A
 
                             I N  S E N A T E
 
                             January 31, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  labor law and the workers' compensation law, in
   relation to the issuing of stop-work orders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop work-
 place abuse today (SWAT) act".
   §  2.  Section 21 of the labor law is amended by adding a new subdivi-
 sion 17 to read as follows:
   17. SHALL BE AUTHORIZED TO ISSUE STOP-WORK ORDERS AS  A  RESULT  OF  A
 VIOLATION OF THIS CHAPTER.
   §  3. The labor law is amended by adding a new section 21-g to read as
 follows:
   § 21-G. STOP-WORK ORDERS. 1. IN ADDITION TO ANY OTHER PENALTIES, REME-
 DIES OR SANCTIONS AS PROVIDED BY THIS CHAPTER, AN EMPLOYER WHO  VIOLATES
 ARTICLE  SIX  (PAYMENT  OF  WAGES), ARTICLE NINETEEN (MINIMUM WAGE ACT),
 ARTICLE NINETEEN-A (MINIMUM WAGE STANDARDS AND  PROTECTIVE  LABOR  PRAC-
 TICES  FOR  FARM  WORKERS),  SECTION  TWO  HUNDRED TWELVE-A, SECTION TWO
 HUNDRED TWELVE-B, SECTION ONE HUNDRED SIXTY-ONE OR SECTION  ONE  HUNDRED
 SIXTY-TWO  OF THIS CHAPTER, OR ANY RULE OR REGULATION PROMULGATED THERE-
 UNDER, AND SUCH AGGREGATE AMOUNT EXCEEDS ONE THOUSAND DOLLARS  SHALL  BE
 SUBJECT  TO  A  STOP-WORK  ORDER BY THE COMMISSIONER.   THE COMMISSIONER
 SHALL ALSO BE AUTHORIZED TO ISSUE A STOP-WORK ORDER IF THE DEPARTMENT IS
 MADE AWARE OF ANY LOCAL, CITY OR FEDERAL  LABOR  VIOLATION  RELATING  TO
 PAYMENT  OF  WAGES BY AN EMPLOYER AND THE COMMISSIONER DEEMS A STOP-WORK
 ORDER AN APPROPRIATE ACTION AS A RESULT OF SUCH VIOLATION.
   2. A STOP-WORK ORDER AGAINST  AN  EMPLOYER  SHALL  APPLY  AGAINST  ANY
 SUCCESSOR  FIRM, CORPORATION, OR PARTNERSHIP OF THE EMPLOYER IN THE SAME
 MANNER THAT IT APPLIES TO THE EMPLOYER.
   3. WITHIN SEVENTY-TWO HOURS OF FINDING A VIOLATION  UNDER  SUBDIVISION
 ONE  OF  THIS SECTION AFTER INVESTIGATION, THE COMMISSIONER SHALL NOTIFY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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