S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7421
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. REYES, SAYEGH, KELLES, GANDOLFO, BRABENEC -- read
   once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00743-01-5
 A. 7421                             2
              

 
   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
 THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES; (B) NOTIFY SUCH
 EMPLOYER OF THEIR RIGHT TO A HEARING; (C) NOTIFY SUCH EMPLOYER THAT THEY
 SHALL  HAVE  SEVENTY-TWO  HOURS  TO  ADDRESS THE VIOLATION OR VIOLATIONS
 BEFORE THE STOP-WORK ORDER WILL BE ISSUED; AND  (D)  STATE  THE  FACTUAL
 BASIS  UPON  WHICH  THE COMMISSIONER HAS BASED THEIR DECISION TO ISSUE A
 STOP-WORK ORDER AND HOW SUCH EMPLOYER SHALL COME INTO COMPLIANCE.
   4. AFTER RECEIPT OF SUCH NOTICE, THE EMPLOYER SHALL  HAVE  SEVENTY-TWO
 HOURS  TO  COME  INTO  COMPLIANCE AND TO NOTIFY THE COMMISSIONER OF SUCH
 COMPLIANCE. WITHIN SEVENTY-TWO HOURS AFTER THE EMPLOYER'S OPPORTUNITY TO
 COME INTO COMPLIANCE, IF THE EMPLOYER HAS NOT COME INTO COMPLIANCE,  THE
 COMMISSIONER  SHALL  ISSUE  A STOP-WORK ORDER REQUIRING THE CESSATION OF
 ALL BUSINESS OPERATIONS OF THE EMPLOYER  AT  EVERY  SITE  AT  WHICH  THE
 VIOLATION OCCURS.
   (A)  A STOP-WORK ORDER SHALL TAKE EFFECT WHEN SERVED UPON THE EMPLOYER
 OR WHEN SERVED AT THE WORKSITE.
   (B) A STOP-WORK ORDER SHALL REMAIN IN EFFECT  UNTIL  THE  COMMISSIONER
 ISSUES  AN  ORDER  RELEASING  THE  STOP-WORK ORDER UPON FINDING THAT THE
 EMPLOYER HAS COME INTO COMPLIANCE AND HAS PAID ANY PENALTY ASSESSED.
   5. AN EMPLOYER WHO IS SUBJECT TO A  STOP-WORK  ORDER  SHALL  HAVE  THE
 RIGHT  TO  APPLY  TO  THE COMMISSIONER, NOT MORE THAN TEN DAYS AFTER THE
 ORDER IS ISSUED, FOR A HEARING TO CONTEST WHETHER THE EMPLOYER COMMITTED
 THE VIOLATION ON WHICH THE ORDER WAS BASED.
   6. FAILURE OR REFUSAL TO COMPLY WITH A STOP-WORK ORDER ISSUED  BY  THE
 COMMISSIONER  SHALL,  IN  ADDITION  TO ANY OTHER PENALTIES AUTHORIZED BY
 LAW, RESULT IN THE ASSESSMENT OF A PENALTY OF NOT LESS THAN ONE THOUSAND
 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THE EMPLOY-
 ER IS FOUND NOT TO BE IN COMPLIANCE.
   7. AN EMPLOYEE AFFECTED BY A STOP-WORK ORDER PURSUANT TO THIS  SECTION
 SHALL  BE  PAID THEIR REGULAR RATE FOR THE PERIOD THE STOP-WORK ORDER IS
 IN PLACE OR THE FIRST TEN DAYS THE EMPLOYEE WOULD HAVE BEEN SCHEDULED TO
 WORK IF THE STOP-WORK ORDER HAD NOT BEEN ISSUED, WHICHEVER IS  LESS,  BY
 THE EMPLOYER THAT WAS SERVED THE STOP-WORK ORDER.
   8.  FOR  THE  PURPOSES  OF  THIS  SECTION, THERE SHALL BE A REBUTTABLE
 PRESUMPTION OF  UNLAWFUL  RETALIATION  IF  AN  EMPLOYER  IN  ANY  MANNER
 DISCRIMINATES,  RETALIATES,  OR  TAKES  ANY  ADVERSE  ACTION AGAINST ANY
 EMPLOYEE WITHIN NINETY DAYS  OF  THE  EMPLOYEE  INITIATING  A  COMPLAINT
 PURSUANT TO THIS ARTICLE.
   § 4. Section 224-b of the labor law, as added by section 2 of part FFF
 of chapter 58 of the laws of 2020, is amended to read as follows:
   § 224-b. Stop-work orders. 1. (A) Where a complaint is received pursu-
 ant  to  this  article,  or where the fiscal officer OR THE COMMISSIONER
 upon [his or her] THEIR own investigation, finds cause to  believe  that
 any  person,  in  connection  with  the  performance of any contract for
 public work pursuant to section two hundred twenty of  this  article  or
 any  covered  project  pursuant  to section two hundred twenty-four-a of
 this article, has substantially and materially failed to comply with  or
 intentionally  evaded  the  provisions  of  this  [article] CHAPTER, the
 fiscal officer OR THE COMMISSIONER may notify such person in writing  of
 [his  or  her]  THEIR  intention to issue a stop-work order. Such notice
 shall (i) be served WITHIN SEVENTY-TWO HOURS AFTER MAKING SUCH  DETERMI-
 NATION  THAT  NOTICE  IS REQUIRED; (II) BE SERVED in a manner consistent
 with section three hundred eight of the civil practice  law  and  rules;
 A. 7421                             3
 
 [(ii)]  (III)  notify such person of [his or her] THEIR right to a hear-
 ing; and [(iii)] (IV) state the factual  basis  upon  which  the  fiscal
 officer  OR  THE  COMMISSIONER  has based [his or her] THEIR decision to
 issue  a  stop-work order.   Any documents, reports, or information that
 form a basis for such decision shall be provided to such person within a
 reasonable time before the hearing. Such hearing shall be  expeditiously
 conducted.
   (B)  AFTER RECEIPT OF SUCH NOTICE, THE EMPLOYER SHALL HAVE SEVENTY-TWO
 HOURS TO COME INTO COMPLIANCE AND TO NOTIFY  THE  COMMISSIONER  OF  SUCH
 COMPLIANCE.    WITHIN SEVENTY-TWO HOURS AFTER THE EMPLOYER'S OPPORTUNITY
 TO COME INTO COMPLIANCE,  THE FISCAL OFFICER OR THE  COMMISSIONER  SHALL
 ISSUE  A  STOP-WORK  ORDER REQUIRING THE CESSATION OF ALL BUSINESS OPER-
 ATIONS OF THE EMPLOYER AT EVERY SITE AT WHICH THE VIOLATION OCCURS.
   (C) Following the hearing, if the fiscal officer OR  THE  COMMISSIONER
 issues  a  CONTINUANCE  OF  SUCH  stop-work order, it shall be served by
 regular mail, and a second copy may be served  by  telefacsimile  or  by
 electronic  mail, with service effective upon receipt of any such order.
 Such stop-work order shall also be served with regard to a  worksite  by
 posting  a copy of such order in a conspicuous location at the worksite.
 The order shall remain in effect until the fiscal officer OR THE COMMIS-
 SIONER directs that the stop-work order be removed, upon a final  deter-
 mination  on  the complaint or where such failure to comply or evade has
 been deemed corrected. If the person against whom such order  is  issued
 shall  within thirty days after issuance of the stop-work order makes an
 application in affidavit form for a redetermination review of such order
 the fiscal officer shall make a decision in writing on the issues raised
 in such application. The fiscal officer may direct a conditional release
 from a stop-work order upon a finding that such person has  taken  mean-
 ingful  and good faith steps to comply with the provisions of this arti-
 cle.
   2. FAILURE OR REFUSAL TO COMPLY WITH A STOP-WORK ORDER ISSUED  BY  THE
 FISCAL  OFFICER  OR  THE  COMMISSIONER  SHALL,  IN ADDITION TO ANY OTHER
 PENALTIES PROVIDED BY LAW, RESULT IN THE ASSESSMENT OF A PENALTY OF  NOT
 LESS  THAN  ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS
 FOR EACH DAY THE EMPLOYER IS FOUND NOT TO BE IN COMPLIANCE.
   § 5. The workers' compensation law is amended by adding a new  section
 142-a to read as follows:
   §  142-A.  STOP-WORK  ORDERS.   1. IN ADDITION TO ANY OTHER PENALTIES,
 REMEDIES OR SANCTIONS AS PROVIDED BY THIS ARTICLE, AN EMPLOYER WHO KNOW-
 INGLY FAILS TO PROVIDE WORKERS' COMPENSATION COVERAGE SHALL  BE  SUBJECT
 TO  A  STOP-WORK  ORDER  BY  THE  COMMISSIONER  OF LABOR OR THE WORKERS'
 COMPENSATION BOARD.
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE  CONSIDERED
 TO BE "KNOWING" IF THE EMPLOYER:
   (A)  HAS  PREVIOUSLY  OBTAINED WORKERS' COMPENSATION INSURANCE AND THE
 INSURANCE HAS BEEN CANCELLED OR THE INSURANCE HAS NOT BEEN CONTINUED  OR
 RENEWED;
   (B)  HAS  BEEN ADVISED OF THE NEED FOR WORKERS' COMPENSATION INSURANCE
 BY THE DIVISION OF WORKERS' COMPENSATION OR  ANY  OTHER  AGENCY  OF  THE
 DEPARTMENT OF LABOR; OR
   (C)  HAS  HAD ONE OR MORE PREVIOUS VIOLATIONS OF WORKERS' COMPENSATION
 COVERAGE REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, FAILURE TO  OBTAIN
 WORKERS' COMPENSATION INSURANCE OR TO QUALIFY AS A SELF-INSURING EMPLOY-
 ER.
 A. 7421                             4
 
   3.  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.
   4.  WITHIN SEVENTY-TWO HOURS OF FINDING A VIOLATION OF SUBDIVISION ONE
 OF THIS SECTION AFTER INVESTIGATION, THE BOARD SHALL NOTIFY SUCH EMPLOY-
 ER IN WRITING OF THEIR INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE
 SHALL:  (A) BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE  HUNDRED
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES; (B) NOTIFY SUCH EMPLOYER OF
 THEIR RIGHT TO A HEARING; AND (C) STATE THE FACTUAL BASIS UPON WHICH THE
 BOARD OR THE COMMISSIONER OF LABOR HAS BASED THEIR DECISION TO  ISSUE  A
 STOP-WORK ORDER.
   5.  AFTER  RECEIPT OF SUCH NOTICE, THE EMPLOYER SHALL HAVE SEVENTY-TWO
 HOURS TO COME INTO COMPLIANCE AND TO NOTIFY  THE  COMMISSIONER  OF  SUCH
 COMPLIANCE.    WITHIN SEVENTY-TWO HOURS AFTER THE EMPLOYER'S OPPORTUNITY
 TO COME INTO COMPLIANCE, THE BOARD OR THE COMMISSIONER  OF  LABOR  SHALL
 ISSUE  A  STOP-WORK  ORDER REQUIRING THE CESSATION OF ALL BUSINESS OPER-
 ATIONS OF THE EMPLOYER AT EVERY SITE AT WHICH THE VIOLATION OCCURS.
   (A) A STOP-WORK ORDER SHALL TAKE EFFECT WHEN SERVED UPON THE  EMPLOYER
 OR WHEN SERVED AT THE WORKSITE.
   (B)  A  STOP-WORK  ORDER SHALL REMAIN IN EFFECT UNTIL THE BOARD OR THE
 COMMISSIONER OF LABOR ISSUES AN ORDER RELEASING THE STOP-WORK ORDER UPON
 FINDING THAT THE EMPLOYER HAS COME INTO  COMPLIANCE  AND  HAS  PAID  ANY
 PENALTY ASSESSED.
   6.  AN  EMPLOYER  WHO  IS  SUBJECT TO A STOP-WORK ORDER SHALL HAVE THE
 RIGHT TO APPLY TO THE BOARD OR THE COMMISSIONER OF LABOR, NOT MORE  THAN
 TEN DAYS AFTER THE ORDER IS ISSUED, FOR A HEARING TO CONTEST WHETHER THE
 EMPLOYER COMMITTED THE VIOLATION ON WHICH THE ORDER WAS BASED.
   7.  FAILURE  OR REFUSAL TO COMPLY WITH A STOP-WORK ORDER ISSUED BY THE
 BOARD OR THE COMMISSIONER OF LABOR  SHALL,  IN  ADDITION  TO  ANY  OTHER
 PENALTIES  PROVIDED BY LAW, RESULT IN THE ASSESSMENT OF A PENALTY OF NOT
 LESS THAN ONE THOUSAND DOLLARS AND NOT MORE THAN FIVE  THOUSAND  DOLLARS
 FOR  EACH DAY THE EMPLOYER IS FOUND NOT TO BE IN COMPLIANCE AND SHALL BE
 DIRECTED TO THE WORKERS'  COMPENSATION  FUND  OR  THE  HAZARD  ABATEMENT
 BOARD.
   § 6. This act shall take effect immediately.