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A07863 Summary:

BILL NOA07863
 
SAME ASSAME AS S07388
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Add §5, Lab L
 
Provides that the New York labor law shall be construed liberally for the accomplishment of its remedial purposes.
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A07863 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7863
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 11, 2025
                                       ___________
 
        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  enacting  the  "remedial
          construction of New York labor law act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "remedial construction of New York labor law act".
     3    §  2. Legislative findings and intent. 1. The legislature hereby reaf-
     4  firms its longstanding intent  and  directive  that  the  labor  law  be
     5  construed liberally in favor of workers to accomplish its broad remedial
     6  purposes--including  but  not  limited to securing workers' wage floors,
     7  ensuring their rights to recover all earned wages  and  all  concomitant
     8  liquidated  damages  and other remedies, protecting workers from retali-
     9  ation, securing equal pay for equal work, and  defraying  the  harms  of
    10  unemployment. These remedial purposes not only protect workers, but also
    11  protect  law-abiding  employers  from  unfair competition by lawbreaking
    12  employers.
    13    2. Courts interpreting the labor law are hereby directed with this act
    14  to ensure all future interpretations of the labor law comport  with  its
    15  broad  remedial  purposes. This includes, with respect to exceptions and
    16  exemptions to the labor law's requirements of employers, construing  all
    17  such  exceptions and exemptions narrowly in order to maximize deterrence
    18  of unlawful conduct.
    19    § 3. The labor law is amended by adding a new section  5  to  read  as
    20  follows:
    21    §  5.  Construction. The provisions of this chapter shall be construed
    22  liberally for the  accomplishment  of  the  remedial  purposes  thereof,
    23  regardless  of  whether federal labor laws, including but not limited to
    24  the Fair Labor Standards Act, 29 U.S.C. § 201 et  seq.  and  other  laws
    25  with  provisions  worded  comparably  to the provisions of this chapter,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10772-01-5

        A. 7863                             2
 
     1  have been so construed. Exceptions to and exemptions from the provisions
     2  of this chapter shall be construed narrowly in order to maximize  deter-
     3  rence  of  unlawful  conduct  and  accomplish  this  chapter's  remedial
     4  purpose.
     5    § 4. This act shall take effect immediately.
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