Bill > S00448

This bill enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act", which creates a new mechanism for private individuals and organizations to bring public enforcement actions on behalf of the state for certain labor law violations. The bill allows affected employees, whistleblowers, representative organizations, and organizational deputies to initiate legal actions to collect civil penalties for labor law infractions, after providing a 60-day notice to the commissioner and attorney general. Key provisions include establishing a standard civil penalty of $500 per affected employee per pay period per violation, allowing prevailing parties to recover attorneys' fees and costs, and creating a penalty distribution model where 40-60% of recovered penalties go to the relator (depending on government intervention) and the remainder goes to the state for enforcement and education. The bill also includes strong anti-retaliation protections for individuals who bring such actions, with a rebuttable presumption of retaliation for adverse actions taken within 180 days of filing. The law covers a wide range of labor law violations across multiple articles of the New York labor code, and is designed to supplement government enforcement resources by empowering private citizens to help enforce worker protection laws.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S448