NY State Senate Bill 2025-S2078

Senate Bill S2078

2025-2026 Legislative Session

Requires or allows licensing entities to suspend business licenses for certain businesses that are charged or convicted of wage theft

download bill text pdf

Current Bill Status - In Senate Committee Labor 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2025	referred to labor

2025-S2078 (ACTIVE) - Details

See Assembly Version of this Bill:: A7405
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §§190, 196, 198-a & 662, Lab L; add §§380.98 & 530.15, amd §500.10, CP L
Versions Introduced in 2023-2024 Legislative Session:: S9951

2025-S2078 (ACTIVE) - Summary

Requires or allows licensing entities to suspend business licenses for certain businesses that are charged or convicted of wage theft; establishes reporting requirements for wage theft convictions.

2025-S2078 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2078

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the labor law and the criminal procedure law, in
relation to business license suspensions resulting from wage theft

 
PURPOSE OF BILL:

To deter wage theft by permitting the Commissioner of Labor to direct
the relevant agency to suspend or deny to an employer convicted of wage
theft a license to do business in the state for up to two years, and to
provide courts with a mechanism to ensure that ongoing wage theft does
not occur while a charge of wage theft is pending prosecution.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 190 of the Labor Law to add definitions for
"successor business," "agency," and "license."

Section 2 amends subdivision one of section 196 of the Labor Law to add

a new paragraph f which requires the Commissioner of Labor, upon notifi-
cation by the court of the conviction of an employer for wage theft, to
direct the suspension of the employer's license to do business in the
state; outlines the process to be followed by the Commissioner upon
being so notified in order to determine whether and for how long such
employer's license to do business should be suspended, up to but not
exceeding two years; and sets out due process protections for the
employer including notice and an opportunity to be heard. This section
also requires the court to notify the Commissioner of Labor of an
employer's conviction for wage theft.

Section 3 amends section 198-a of the Labor Law by adding new subdivi-
sions 4 and 5 to permit a court to prohibit an employer charged with
wage theft from applying for a license to operate a business under a
different business name and/or opening or operating a successor business
engaged in the same or equivalent trade or activity for the pendency of
the criminal proceeding, and to require the court to notify the Commis-
sioner of Labor when an employer is convicted of wage theft under this
section.

Section 4 amends section 662 of the Labor Law by adding new subdivisions
3 and 4 to permit a court to prohibit an employer charged with wage
theft from applying for a license to operate a business under a differ-
ent business name and/or opening or operating a successor business
engaged in the same or equivalent trade or activity for the pendency of
the criminal proceeding, and to require the court to notify the Commis-
sioner of Labor when an employer is convicted of wage theft under this
section.

Section 5 amends the Criminal Procedure Law by adding a new section
380.98 which requires the court to notify the Commissioner of Labor upon
judgment of conviction of an employer for wage theft.

Section 6 amends subdivision 3-a of section 500.10 of the Criminal
Procedure Law by adding a new paragraph (k) which permits the court to
prohibit an employer charged with wage theft from applying for a license
to operate a business under a different business name and/or opening or
operating a successor business engaged in the same or equivalent trade
or activity for the pendency of the criminal proceeding.

Section 7 amends the Criminal Procedure Law by adding a new section
530.15 which permits the court, when a criminal action charging wage
theft is pending against an employer, to prohibit the employer so
charged from applying for a license to operate a business under a
different business name and/or opening or operating a successor business
engaged in the same or equivalent trade or activity for the pendency of
the criminal proceeding.

Section 8 sets the effective date.

 
JUSTIFICATION:;

New York's Wage Theft Protection Act, passed in 2010, aimed to ensure
that hardworking New Yorkers had recourse under the law if their employ-
er failed to pay their wages (L. 2010, ch. 564). Along with requiring
clear notice to employees of pay rates and the employer's identity, and
strengthening payroll and recordkeeping requirements, the Act gave the
Commissioner of Labor increased enforcement powers and enhanced the
penalties for employers who fail to comply or engage in retaliation. In
2021, the Labor Law was amended by the No Wage Theft Loophole Act, which
clarified that New York's Labor Law "completely and without exception"
prohibits failure to pay earned wages and imposes liability on the
employer (L. 2021, ch. 397). In 2023, the Penal Law was amended to
include wage theft in the definition of criminal larceny and to allow
prosecutors to seek stronger penalties against employers who steal wages
from workers (L.  2023, ch. 353).

Despite these and other efforts by the legislature to ensure that work-
ers' wages are not withheld or stolen, unscrupulous employers continue
to find ways around the law. In 2024, a Westchester contractor was
charged and convicted of wage theft after three separate arrests for
failing to pay wages between December 2020 and February 2023. The
contractor continued to operate and opened a new business under a
different name, even while the criminal case was pending.1

This bill would provide the Department of Labor with additional tools to
prevent wage theft by providing for the suspension of an employer's
license to do business in the state upon a conviction of wage theft. It
would further prevent unscrupulous employers from evading the law by
including any successor business in the suspension, and by allowing a
court to prohibit an employer from applying for a license under a
different business name and/or from opening or operating a successor
business while a criminal prosecution on a charge of wage theft is pend-
ing.

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S9951, Referred to Rules.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 Westchester County District Attorney, New Rochelle Contractor
Convicted and Sentenced for Failing to Pay Eight Workers More Than
$31,500 in Wages, July 31, 2024, available at
https://www.westchesterda.net/july-2024/7103-new-rochelle- contractor-
convicted-and-sentenced-for-failing-to-pay-eight-workers-
more-31-500-in-wages (visited 10/23/24); Amir Khafagy, Contractor Still
Operates Despite Stealing Thousands in Wages from Immigrant Workers,
Documented, August 16, 2024, available at
https://documentednv.com/2024/08/16/wage-theft-contractor-workers-fuerte
-westchester/ (visited 10/23/24).

2025-S2078 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2078
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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  criminal  procedure  law,  in
   relation to business license suspensions resulting from wage theft
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 190 of the labor law is amended by adding three new
 subdivisions 10, 11 and 12 to read as follows:
   10. "SUCCESSOR BUSINESS" MEANS AN  ENTITY  ENGAGED  IN  WORK  THAT  IS
 SUBSTANTIALLY  SIMILAR  TO  THAT  OF  THE  PREDECESSOR,  WHERE  THERE IS
 SUBSTANTIAL CONTINUITY OF OPERATION WITH THAT OF THE PREDECESSOR.
   11. "AGENCY" MEANS ANY AGENCY, DEPARTMENT, BOARD, OR COMMISSION OF THE
 STATE, OR OF ANY POLITICAL SUBDIVISION  OF  THE  STATE,  THAT  ISSUES  A
 LICENSE FOR THE PURPOSES OF OPERATING A BUSINESS WITHIN THE STATE.
   12.  "LICENSE"  MEANS ANY AGENCY PERMIT, CERTIFICATE, APPROVAL, REGIS-
 TRATION, CHARTER, OR SIMILAR FORM OF AUTHORIZATION THAT IS  REQUIRED  BY
 LAW  AND  ISSUED  BY ANY AGENCY FOR THE PURPOSES OF OPERATING A BUSINESS
 WITHIN THE STATE. "LICENSE" SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   A. A CERTIFICATE OF INCORPORATION  ISSUED  PURSUANT  TO  SECTION  FOUR
 HUNDRED  TWO OF THE BUSINESS CORPORATION LAW, INCLUDING A CERTIFICATE OF
 INCORPORATION FOR A BENEFIT CORPORATION ISSUED PURSUANT TO  SECTION  ONE
 THOUSAND  SEVEN  HUNDRED  THREE  OF  THE  BUSINESS CORPORATION LAW, OR A
 CERTIFICATE OF AUTHORITY ISSUED PURSUANT TO SECTION  ONE  THOUSAND  FIVE
 HUNDRED THIRTY OF THE BUSINESS CORPORATION LAW;
   B.  ARTICLES  OF  ORGANIZATION  ISSUED PURSUANT TO SECTION TWO HUNDRED
 THREE OF THE LIMITED LIABILITY COMPANY LAW, OR A CERTIFICATE OF AUTHORI-
 TY ISSUED PURSUANT TO SECTION EIGHT HUNDRED FIVE OF THE LIMITED  LIABIL-
 ITY COMPANY LAW;
   C.  A  CERTIFICATE  OF  INCORPORATION  ISSUED PURSUANT TO SECTION FOUR
 HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW, OR A  CERTIFICATE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05532-01-5
 S. 2078                             2

 
 AUTHORITY  ISSUED PURSUANT TO SECTION ONE THOUSAND THREE HUNDRED FOUR OF
 THE NOT-FOR-PROFIT CORPORATION LAW;
   D.  A  CERTIFICATE  OF  LIMITED PARTNERSHIP ISSUED PURSUANT TO SECTION
 121-201 OF THE PARTNERSHIP LAW, OR A  CERTIFICATE  OF  AUTHORITY  ISSUED
 PURSUANT TO SECTION 121-904 OF THE PARTNERSHIP LAW;
   E.  ANY  CERTIFICATE  TO  CONDUCT BUSINESS UNDER AN ASSUMED NAME OR AS
 PARTNERS FILED PURSUANT TO SECTION ONE HUNDRED  THIRTY  OF  THE  GENERAL
 BUSINESS LAW THAT IS ON FILE IN THE OFFICE OF THE CLERK OF THE COUNTY IN
 WHICH  SUCH  BUSINESS  IS  CONDUCTED OR TRANSACTED, OR THE OFFICE OF THE
 SECRETARY OF STATE;
   F. ANY LICENSE, CERTIFICATE, PERMIT, OR REGISTRATION  ISSUED  PURSUANT
 TO SECTION SIXTY-FOUR OF THE ALCOHOLIC BEVERAGE CONTROL LAW, SECTION TWO
 HUNDRED  TWELVE-A  OR ARTICLE EIGHT OF THE LABOR LAW, OR THE AGRICULTURE
 AND MARKETS LAW;
   G. ANY LICENSE REQUIRED BY OR ISSUED PURSUANT TO THE GENERAL  BUSINESS
 LAW,  INCLUDING  BUT  NOT  LIMITED  TO  LICENSES FOR EMPLOYMENT AGENCIES
 PURSUANT TO ARTICLE ELEVEN OF THE GENERAL BUSINESS LAW; NAIL  SPECIALTY,
 NATURAL  HAIR  STYLING,  ESTHETICS,  AND COSMETOLOGY PURSUANT TO ARTICLE
 TWENTY-SEVEN OF THE GENERAL BUSINESS LAW; OR BARBERING PURSUANT TO ARTI-
 CLE TWENTY-EIGHT OF THE GENERAL BUSINESS LAW; AND
   H. ANY LICENSE ISSUED BY A MUNICIPAL AGENCY  FOR  CONDUCTING  BUSINESS
 WITHIN SUCH MUNICIPALITY, INCLUDING BUT NOT LIMITED TO LICENSES FOR HOME
 IMPROVEMENT   CONTRACTORS;  SKILLED  TRADES;  CONSTRUCTION;  RESTAURANT,
 CATERING, OR OTHER FOOD SERVICE; AND TAXI, LIMOUSINE, OR OTHER  FOR-HIRE
 VEHICLE SERVICES.
   §  2.  Subdivision  1  of  section  196 of the labor law is amended by
 adding a new paragraph f to read as follows:
   F. (I) UPON NOTIFICATION THAT AN EMPLOYER HAS BEEN CONVICTED OF  FAIL-
 ING  TO  PAY  THE  WAGES  OF  AN EMPLOYEE PURSUANT TO SUBDIVISION ONE OF
 SECTION ONE HUNDRED NINETY-EIGHT-A OF THIS ARTICLE, FAILING TO PAY MINI-
 MUM WAGE OR OVERTIME PAY PURSUANT TO SECTION SIX  HUNDRED  SIXTY-TWO  OF
 THIS  ARTICLE,  OR WAGE THEFT UNDER SECTION 155.05 OF THE PENAL LAW, THE
 COMMISSIONER SHALL, AFTER AFFORDING SUCH EMPLOYER NOTICE AND AN OPPORTU-
 NITY TO BE HEARD PURSUANT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH,  ISSUE
 A  WRITTEN DETERMINATION DIRECTING ANY APPROPRIATE AGENCY TO SUSPEND ONE
 OR MORE LICENSES THAT WERE ISSUED TO OR FILED BY SUCH EMPLOYER, OR  SUCH
 EMPLOYER'S  SUCCESSOR BUSINESS, FOR A PERIOD OF TIME TO BE DETERMINED BY
 THE COMMISSIONER. THE COMMISSIONER MAY PROHIBIT SUCH EMPLOYER OR SUCCES-
 SOR BUSINESS FROM BEING ELIGIBLE TO  REAPPLY  FOR  A  LICENSE  SUSPENDED
 PURSUANT  TO THIS PARAGRAPH, OR ANY OTHER LICENSE ISSUED FOR THE PURPOSE
 OF OPERATING A BUSINESS IN THE STATE, FOR A PERIOD UP TO BUT NOT EXCEED-
 ING TWO YEARS.
   (II) IN DETERMINING THE LENGTH OF A LICENSE  SUSPENSION  DETERMINATION
 PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COMMISSIONER SHALL
 CONSIDER THE FOLLOWING FACTORS:
   (1) THE NUMBER OF EMPLOYEES FOR WHICH THE EMPLOYER OR SUCCESSOR  BUSI-
 NESS  FAILED  TO  PAY REQUIRED WAGES, BENEFITS, TAXES, OR OTHER CONTRIB-
 UTIONS OR ASSESSMENTS;
   (2) THE TOTAL AMOUNT OF WAGES, BENEFITS, TAXES, OR OTHER CONTRIBUTIONS
 OR ASSESSMENTS WHICH THE EMPLOYER OR SUCCESSOR BUSINESS FAILED TO PAY;
   (3) ANY OTHER HARM  RESULTING  FROM  THE  EMPLOYER'S  FAILURE  TO  PAY
 REQUIRED WAGES, BENEFITS, TAXES, OR OTHER CONTRIBUTIONS OR ASSESSMENTS;
   (4) WHETHER THE EMPLOYER OR SUCCESSOR BUSINESS MADE GOOD FAITH EFFORTS
 TO COMPLY WITH ANY APPLICABLE REQUIREMENTS, AS DETERMINED BY THE COMMIS-
 SIONER;
 S. 2078                             3
 
   (5)  THE DURATION OF THE EMPLOYER'S OR SUCCESSOR BUSINESS'S FAILURE TO
 PAY REQUIRED WAGES, BENEFITS, TAXES, OR OTHER CONTRIBUTIONS  OR  ASSESS-
 MENTS;
   (6)  THE ROLE OF THE DIRECTORS, OFFICERS, OR AGENTS OF THE EMPLOYER OR
 SUCCESSOR BUSINESS;
   (7) ANY PRIOR MISCONDUCT BY THE EMPLOYER OR SUCCESSOR BUSINESS; AND
   (8) ANY OTHER RELEVANT FACTORS, AS DETERMINED BY THE COMMISSIONER.
   (III) UPON THE CONVICTION OF AN EMPLOYER FOR FAILING TO PAY THE  WAGES
 OF  AN EMPLOYEE PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED NINE-
 TY-EIGHT-A OF THIS ARTICLE, FAILING TO PAY MINIMUM WAGE OR OVERTIME  PAY
 PURSUANT TO SECTION SIX HUNDRED SIXTY-TWO OF THIS ARTICLE, OR WAGE THEFT
 UNDER  SECTION  155.05  OF  THE  PENAL  LAW,  THE COURT SHALL NOTIFY THE
 COMMISSIONER OF SUCH CONVICTION.
   (IV) PRIOR TO ISSUING A WRITTEN DETERMINATION DIRECTING ANY  APPROPRI-
 ATE  AGENCY TO SUSPEND ONE OR MORE LICENSES THAT WERE ISSUED TO OR FILED
 BY AN EMPLOYER PURSUANT TO  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  THE
 COMMISSIONER  SHALL  NOTIFY  THE  EMPLOYER, OR SUCH EMPLOYER'S SUCCESSOR
 BUSINESS, IN WRITING, OF THE COMMISSIONER'S INTENT TO ISSUE SUCH  DETER-
 MINATION  AND  THE  REASONS  THEREFOR, AND SHALL AFFORD SUCH EMPLOYER OR
 SUCCESSOR BUSINESS AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN
 REFERENCE THERETO.  SUCH NOTICE SHALL NOTIFY THE EMPLOYER  OR  SUCCESSOR
 BUSINESS  THAT  A REQUEST FOR A HEARING MUST BE MADE WITHIN FIFTEEN DAYS
 AFTER THE ISSUANCE OF SUCH NOTIFICATION.  IF  THE  EMPLOYER  REQUESTS  A
 HEARING  WITHIN  SUCH  FIFTEEN-DAY PERIOD, SUCH HEARING SHALL BE HELD AT
 SUCH TIME AND PLACE AS THE COMMISSIONER SHALL PRESCRIBE. IF THE EMPLOYER
 DOES NOT REQUEST A HEARING WITHIN SUCH  FIFTEEN-DAY  PERIOD,  THEN  SUCH
 NOTIFICATION  SHALL  BE  DEEMED  THE  FINAL WRITTEN DETERMINATION BY THE
 COMMISSIONER. THE COMMISSIONER SHALL HAVE SUBPOENA  POWERS  PURSUANT  TO
 THE  CIVIL PRACTICE LAW AND RULES IN CARRYING OUT THE PROVISIONS OF THIS
 PARAGRAPH. IF THE COMMISSIONER, AFTER SUCH HEARING,  ISSUES  A  DETERMI-
 NATION  DIRECTING  THE SUSPENSION OF THE EMPLOYER'S LICENSE OR LICENSES,
 THE COMMISSIONER SHALL NOTIFY SUCH EMPLOYER, IN WRITING, OF SUCH  DETER-
 MINATION AND THE REASONS THEREFOR.
   §  3.  Section  198-a  of  the  labor law is amended by adding two new
 subdivisions 4 and 5 to read as follows:
   4. THE COURT MAY PROHIBIT ANY EMPLOYER, INCLUDING ANY PERSON  WITH  AN
 OWNERSHIP  INTEREST  IN  SUCH  EMPLOYER,  WHO IS CHARGED WITH A CRIMINAL
 OFFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION FROM APPLYING FOR  A
 LICENSE  TO  OPERATE  A BUSINESS IN THE STATE UNDER A DIFFERENT BUSINESS
 NAME, AND/OR OPENING OR OPERATING ANY SUCCESSOR BUSINESS THAT IS ENGAGED
 IN THE SAME OR EQUIVALENT TRADE OR ACTIVITY, FOR  THE  PENDENCY  OF  THE
 CRIMINAL PROCEEDING.
   5.  THE  COURT SHALL NOTIFY THE COMMISSIONER OF ANY EMPLOYER CONVICTED
 OF A CRIMINAL OFFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   § 4. Section 662 of the labor law is amended by adding two new  subdi-
 visions 3 and 4 to read as follows:
   3.  THE  COURT MAY PROHIBIT ANY EMPLOYER, INCLUDING ANY PERSON WITH AN
 OWNERSHIP INTEREST IN SUCH EMPLOYER, WHO  IS  CHARGED  WITH  A  CRIMINAL
 OFFENSE  PURSUANT TO SUBDIVISION ONE OF THIS SECTION FROM APPLYING FOR A
 LICENSE TO OPERATE A BUSINESS IN THE STATE UNDER  A  DIFFERENT  BUSINESS
 NAME, AND/OR OPENING OR OPERATING ANY SUCCESSOR BUSINESS THAT IS ENGAGED
 IN  THE  SAME  OR  EQUIVALENT TRADE OR ACTIVITY, FOR THE PENDENCY OF THE
 CRIMINAL PROCEEDING.
   4. THE COURT SHALL NOTIFY THE COMMISSIONER OF ANY  EMPLOYER  CONVICTED
 OF A CRIMINAL OFFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
 S. 2078                             4
 
   §  5.  The  criminal  procedure law is amended by adding a new section
 380.98 to read as follows:
 § 380.98 NOTIFICATION   TO   THE   COMMISSIONER   OF  LABOR  OF  CERTAIN
            CONVICTIONS.
   UPON JUDGMENT OF CONVICTION OF AN  EMPLOYER  FOR  A  CRIMINAL  OFFENSE
 PURSUANT  TO  SUBDIVISION  ONE  OF SECTION ONE HUNDRED NINETY-EIGHT-A OR
 SUBDIVISION ONE OF SECTION SIX HUNDRED SIXTY-TWO OF THE  LABOR  LAW,  OR
 WAGE THEFT PURSUANT TO SECTION 155.05 OF THE PENAL LAW, THE CLERK OF THE
 COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETERMINATION
 IN A REPORT OF SUCH CONVICTION TO THE COMMISSIONER OF LABOR.
   §  6.  Subdivision 3-a of section 500.10 of the criminal procedure law
 is amended by adding a new paragraph (k) to read as follows:
   (K) WHEN A PRINCIPAL IS CHARGED WITH A CRIMINAL  OFFENSE  PURSUANT  TO
 SUBDIVISION ONE OF SECTION ONE HUNDRED NINETY-EIGHT-A OR SUBDIVISION ONE
 OF  SECTION SIX HUNDRED SIXTY-TWO OF THE LABOR LAW, OR WAGE THEFT PURSU-
 ANT TO SECTION 155.05 OF THE PENAL LAW,  THE  COURT  MAY  PROHIBIT  SUCH
 PRINCIPAL FROM APPLYING FOR A LICENSE TO OPERATE A BUSINESS IN THE STATE
 UNDER A DIFFERENT BUSINESS NAME, AND/OR OPENING OR OPERATING ANY SUCCES-
 SOR  BUSINESS  THAT IS ENGAGED IN THE SAME OR EQUIVALENT TRADE OR ACTIV-
 ITY, FOR THE PENDENCY OF THE CRIMINAL PROCEEDING.
   § 7. The criminal procedure law is amended by  adding  a  new  section
 530.15 to read as follows:
 § 530.15 PROTECTION FOR VICTIMS OF WAGE THEFT.
   WHEN  A  CRIMINAL  ACTION IS PENDING INVOLVING A COMPLAINT CHARGING AN
 EMPLOYER WITH A CRIMINAL OFFENSE PURSUANT TO SUBDIVISION ONE OF  SECTION
 ONE  HUNDRED  NINETY-EIGHT-A  OR  SUBDIVISION ONE OF SECTION SIX HUNDRED
 SIXTY-TWO OF THE LABOR LAW, OR WAGE THEFT PURSUANT TO SECTION 155.05  OF
 THE PENAL LAW, THE COURT, IN ADDITION TO ANY OTHER POWERS CONFERRED UPON
 IT  BY  THIS  CHAPTER,  MAY  PROHIBIT  SUCH EMPLOYER FROM APPLYING FOR A
 LICENSE TO OPERATE A BUSINESS IN THE STATE UNDER  A  DIFFERENT  BUSINESS
 NAME, AND/OR OPENING OR OPERATING ANY SUCCESSOR BUSINESS THAT IS ENGAGED
 IN  THE  SAME  OR  EQUIVALENT TRADE OR ACTIVITY, FOR THE PENDENCY OF THE
 CRIMINAL PROCEEDING.
   § 8. This act shall take effect immediately.

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