Enacts the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act"; relates to the delegation of state enforcement authority to private actors; authorizes an affected employee, whistleblower, representative organization or an organizational deputy to initiate a public enforcement action on behalf of the commissioner for certain provisions of the labor law, or any regulation promulgated thereunder.
STATE OF NEW YORK
________________________________________________________________________
448--B
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. HOYLMAN-SIGAL, BASKIN, BRISPORT, BROUK, CLEARE,
COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCK-
HAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE,
PARKER, RAMOS, RIVERA, C. RYAN, S. RYAN, SALAZAR, SANDERS, SCARCELLA-
SPANTON, SEPULVEDA, SERRANO, SKOUFIS, WEBB -- 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 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to enacting the "Empowering
People in Rights Enforcement (EMPIRE) Worker Protection 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 "Empowering People in Rights Enforcement (EMPIRE) Worker Protection
3 Act".
4 § 2. Legislative findings. 1. The legislature finds and declares that
5 violations of the labor law are often systemic, affecting many workers.
6 2. The legislature further finds and declares that despite the labor
7 law's strong protections for workers, limits on the availability of
8 public enforcement resources have deleterious effects on the marketplace
9 by allowing abuses targeting workers to persist unprosecuted. To ensure
10 the robust enforcement of the labor law, while minimizing the outlay of
11 scarce state funds, this act allows private individuals, labor organiza-
12 tions, and labor organizations deputized by the state to bring public
13 enforcement actions in certain contexts in which the state does not have
14 the means to fully enforce labor law protections.
15 3. The legislature further finds and declares that the purpose of the
16 EMPIRE Worker Protection Act is to create a means of empowering citizens
17 as private attorneys general to enforce the New York labor law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01897-04-5
S. 448--B 2
1 4. The legislature further finds and declares that the purpose of the
2 EMPIRE Worker Protection Act is to incentivize private parties to
3 recover civil penalties for the government that otherwise may not have
4 been assessed and collected by overburdened state enforcement agencies.
5 When the New York labor law is effectively enforced, it protects the
6 interests of all New Yorkers and the state of New York. Such public
7 enforcement actions are an efficient mechanism to limit systemic
8 violations, will enforce the rights of more workers, and can benefit the
9 department of labor with enhanced resources.
10 5. The legislature further finds and declares that the purpose of the
11 EMPIRE Worker Protection Act is to benefit those employers who are oper-
12 ating within the labor law, and who, as a result, face unfair competi-
13 tion from individuals and entities shirking the labor law.
14 6. The legislature further finds and declares that the purpose of the
15 EMPIRE Worker Protection Act is to deter employers from stealing wages
16 or committing other violations of the New York labor law and raise the
17 cost of noncompliance with the New York labor law.
18 7. The legislature further finds and declares that the purpose of the
19 EMPIRE Worker Protection Act is to incentivize labor organizations to
20 aid working people to report violations of the New York labor law.
21 8. The legislature further finds and declares that the purpose of the
22 EMPIRE Worker Protection Act is to facilitate whistleblowers suffering
23 from violations of the New York labor law to report abuses without fear
24 of retaliation and intimidation.
25 9. The legislature further finds and declares that the EMPIRE Worker
26 Protection Act is part of a history both in New York state and in the
27 United States of laws enabling private citizens to aid in public
28 enforcement. In similar qui tam legislation enabling private citizens to
29 aid in public enforcement, the resulting action is a public enforcement
30 action.
31 § 3. The labor law is amended by adding a new article 37 to read as
32 follows:
33 ARTICLE 37
34 EMPOWERING PEOPLE IN RIGHTS ENFORCEMENT (EMPIRE) WORKER PROTECTION ACT
35 Section 1150. Definitions.
36 1151. Public enforcement action.
37 1152. Procedure.
38 1153. Non-application.
39 § 1150. Definitions. Whenever used in this article:
40 1. "affected employee" means any employee as defined by section two of
41 this chapter who was employed by the alleged violator employer and
42 against whom one of the alleged violations was committed, or was alleged
43 to have been committed, as well as any person who is not classified by a
44 business as an employee but who claims to be an employee and whose
45 claims against the purported employer relate to this alleged misclassi-
46 fication, whether or not that person has received full or partial relief
47 from harm.
48 2. "relator" means an affected employee, a whistleblower, a represen-
49 tative organization, or an organizational deputy that acts as a plain-
50 tiff in a public enforcement action under this chapter.
51 3. "whistleblower" means any current or former employee, contractor,
52 subcontractor, or employee of a contractor or subcontractor of the
53 defendant with knowledge of the alleged violations that is independent
54 of and materially adds to any publicly disclosed information about the
55 alleged violations. Whistleblowers are not also "affected employees" if
S. 448--B 3
1 they do not seek civil penalties for violations that personally affected
2 them in a public enforcement action under this chapter.
3 4. "employer" means any employer as defined by section two of this
4 chapter. The term "employer" shall not include a governmental agency.
5 5. "representative organization" means a labor organization which
6 exists and is constituted for the purpose, in whole or in part, of
7 collective bargaining or of dealing with employers concerning griev-
8 ances, terms or conditions of employment, is not a "company union" as
9 defined by subdivision six of section seven hundred one of this chapter,
10 and which has been selected by an affected employee or whistleblower to
11 initiate a public enforcement action on the affected employee's or
12 whistleblower's behalf, in written notice in such a manner as the
13 commissioner may prescribe by regulation. Where a representative organ-
14 ization is designated as the relator, the affected employee or whistle-
15 blower may elect to have their name and personal identifying information
16 be kept confidential until the relator, in its sole discretion, deems
17 sharing such information is necessary to establish, litigate, mediate,
18 settle, or otherwise pursue the claim.
19 6. "public enforcement action" means an action brought under this
20 article intended to enforce this chapter's protections enforceable by
21 the commissioner. Nothing in this article shall be interpreted to
22 permit a public enforcement action against a governmental agency.
23 7. "commissioner" shall, for the purposes of this article, include the
24 commissioner, and any division, board, commission, or part of the
25 department authorized to impose or seek penalties or other remedies for
26 violations of this chapter.
27 8. "violation" means an employer's noncompliance with any of the
28 requirements of the following articles of this chapter and with regu-
29 lations and wage orders promulgated by the commissioner in implementing
30 such articles:
31 a. article six except sections one hundred ninety, one hundred nine-
32 ty-one-a, one hundred ninety-six, one hundred ninety-six-a, one hundred
33 ninety-eight-a, one hundred ninety-nine, and one hundred ninety-nine-a;
34 b. article nineteen except sections six hundred fifty, six hundred
35 fifty-one, six hundred fifty-three through six hundred sixty, six
36 hundred sixty-two, and six hundred sixty-five;
37 c. sections one hundred sixty, one hundred sixty-one, one hundred
38 sixty-two, one hundred sixty-three-a, one hundred sixty-seven, and one
39 hundred seventy of article five;
40 d. article nineteen-A except sections six hundred seventy through six
41 hundred seventy-two, six hundred seventy-four through six hundred seven-
42 ty-eight, six hundred eighty, and six hundred eighty-three;
43 e. article nineteen-B except sections six hundred ninety, six hundred
44 ninety-three, and six hundred ninety-four;
45 f. article nine except sections two hundred thirty, two hundred thir-
46 ty-four through two hundred thirty-six, and two hundred thirty-eight;
47 g. article twenty-five-A except sections eight hundred sixty, eight
48 hundred sixty-a, eight hundred sixty-c through eight hundred sixty-f,
49 and eight hundred sixty-i;
50 h. article twenty-five-B except sections eight hundred sixty-one
51 through eight hundred sixty-one-b;
52 i. article twenty-five-C except sections eight hundred sixty-two and
53 eight hundred sixty-two-a;
54 j. article eight except sections two hundred twenty-e through two
55 hundred twenty-four, two hundred twenty-four-b, and two hundred twenty-
56 four-c;
S. 448--B 4
1 k. article twenty-C;
2 l. sections two hundred, two hundred one-d, two hundred one-g, two
3 hundred six-c, two hundred fifteen, and two hundred eighteen-b of arti-
4 cle seven;
5 m. section twenty-seven-d and section twenty-seven-e of article two;
6 n. article thirty-six;
7 o. article twenty-one-a; and
8 p. any other worker protections that are added to this chapter after
9 the effective date of this article, unless the enacting statute specif-
10 ically excludes them from this definition.
11 9. "organizational deputy" means a labor organization which exists and
12 is constituted for the purpose, in whole or in part, of collective
13 bargaining or of dealing with employers concerning grievances, terms or
14 conditions of employment, and is not a "company union" as defined by
15 subdivision six of section seven hundred one of this chapter, that has
16 been appointed by the commissioner or the attorney general to represent
17 the state as the relator in the public enforcement action. The commis-
18 sioner or the attorney general shall have complete discretion to deter-
19 mine what labor organizations may serve as their organizational deputy
20 in a public enforcement action.
21 § 1151. Public enforcement action. 1. A relator may initiate a public
22 enforcement action to collect civil penalties on behalf of the commis-
23 sioner for a violation impacting affected employees pursuant to the
24 procedures specified in section one thousand fifty-two of this article.
25 A relator may allege multiple violations that have affected different
26 employees and may seek injunctive and declaratory relief that the state
27 would be entitled to seek.
28 2. a. For purposes of this section, whenever the commissioner has
29 discretion to assess a civil penalty, a court is authorized to exercise
30 the same discretion to assess a civil penalty. To the extent that the
31 commissioner is authorized to determine that an employer has violated a
32 provision of this chapter or regulation promulgated thereunder, in a
33 public enforcement action, a court shall be authorized to determine that
34 an employer has committed such a violation.
35 b. For any violation defined in this article, except those for which a
36 civil penalty is specifically provided, there is established a civil
37 penalty of five hundred dollars for each affected employee per pay peri-
38 od per violation. That civil penalty will increase beginning on January
39 first, two thousand twenty-seven at the same rate that the minimum wages
40 increase each year as specified in paragraph (b) of section six hundred
41 fifty-two of this chapter or any successor method by which minimum wage
42 rates are to be adjusted. The civil penalty rate shall be published
43 annually by the commissioner. A court may not award a lesser amount,
44 unless, based on the facts and circumstances of the particular case, the
45 employer demonstrates that to do otherwise would result in an award that
46 is unjust, arbitrary and oppressive, or confiscatory.
47 c. In any civil action commenced pursuant to this article, the court
48 shall allow a prevailing relator to recover all reasonable attorneys'
49 fees, expert fees and other costs. The court may also allow a prevail-
50 ing relator to recover all reasonable ancillary costs associated with
51 serving as a relator. For the purposes of this article, the term
52 "prevailing" includes a relator whose commencement of litigation has
53 acted as a catalyst to effect policy change on the part of the defend-
54 ant, regardless of whether that change has been implemented voluntarily,
55 as a result of a settlement or as a result of a judgment in such
56 relator's favor.
S. 448--B 5
1 d. Nothing in this section shall operate to limit an affected employ-
2 ee's right to pursue or recover other remedies available under state or
3 federal law, either separately or concurrently with an action taken
4 under this section.
5 e. Nothing in this section shall operate to limit the commissioner's
6 or the attorney general's right to seek restitution and damages, where
7 available, for affected employees in conjunction with a public enforce-
8 ment action in which it has intervened.
9 3. a. Civil penalties recovered in public enforcement actions shall
10 be distributed as follows: where the commissioner or the attorney
11 general has not intervened, or where the commissioner or the attorney
12 general has appointed an organizational deputy to proceed as the rela-
13 tor, forty percent to the relator; and sixty percent to the commissioner
14 for enforcement of this chapter and education of employers and employees
15 about their rights and responsibilities under this chapter, to be
16 continuously appropriated to supplement and not supplant the funding to
17 the agency for those purposes; where the commissioner or the attorney
18 general has intervened, thirty percent to the relator; and seventy
19 percent to the commissioner for enforcement of this chapter and educa-
20 tion of employers and employees about their rights and responsibilities
21 under this chapter, to be continuously appropriated to supplement and
22 not supplant the funding to the agency for those purposes.
23 b. The relator shall equitably distribute the share of penalties due
24 the relator among affected employees. If the relator is an affected
25 employee or whistleblower, they shall also be entitled to recover a
26 service award from the penalties recovered, if they prevail in achieving
27 relief, in whole or in part, for violations that affected other employ-
28 ees. The service award shall be not less than five thousand dollars and
29 not more than twenty thousand dollars, unless the amount recovered as
30 civil penalties is less than twenty thousand dollars. The court shall
31 determine the service award by taking due consideration of the burdens
32 and risks assumed by the relator in prosecuting the action. If the rela-
33 tor is a representative organization or an organizational deputy
34 appointed by the commissioner or the attorney general, it shall distrib-
35 ute all recovered penalties to affected employees but may recover
36 reasonable attorneys' fees and costs incurred in prosecuting the action
37 and ancillary costs associated with serving as a relator. The relator
38 shall submit a distribution summary to the commissioner and the attorney
39 general.
40 4. The right to bring a public enforcement action under this article
41 shall not be subject to private agreements between an affected employee
42 and an employer or alleged employer, unless such agreements are collec-
43 tively bargained and the bargaining agreement provides a forum for the
44 enforcement of rights and remedies otherwise enforceable under this
45 article. The right to represent the state with respect to violations
46 affecting other workers shall not be waivable by private agreement,
47 unless such agreements are collectively bargained and the bargaining
48 agreement provides a forum for the enforcement of rights and remedies
49 otherwise enforceable under this article, including an award of penal-
50 ties authorized by this article.
51 5. Notwithstanding any other provision of law, a public enforcement
52 action to recover upon a penalty imposed by this article must be
53 commenced within six years. The statute of limitations for bringing a
54 public enforcement action under this article shall be tolled from the
55 date a relator files a notice pursuant to section one thousand fifty-two
56 of this article with the commissioner and the attorney general, or the
S. 448--B 6
1 commissioner or the attorney general commences an investigation, which-
2 ever is earlier.
3 6. The commissioner shall establish a database of public enforcement
4 notices submitted pursuant to this article, including the parties, the
5 disposition and any other information which the commissioner shall by
6 regulation prescribe and shall make such database available to the
7 public online. The commissioner shall also publish an annual report of
8 total penalties recovered under this chapter.
9 7. a. No employer or the employer's agent, employee, contractor,
10 subcontractor or the officer or agent of any corporation, partnership,
11 or limited liability company, or any other person shall discharge,
12 demote, suspend, threaten, harass, or in any other manner discriminate
13 against any person because of any lawful act done because:
14 (i) the relator or potential relator brought or is perceived to have
15 brought a public enforcement action;
16 (ii) the relator or potential relator has provided information, caused
17 information to be provided, or otherwise assisted in a public enforce-
18 ment action or provided information, or caused information to be
19 provided to a person with supervisory authority over the relator or
20 potential relator regarding conduct that the relator or potential rela-
21 tor reasonably believes constitutes a violation of this section; or
22 (iii) the person believes that the relator or potential relator may
23 bring a public enforcement action or cooperate with one.
24 b. Any person affected by a violation of this subdivision, or any
25 affected employee, whistleblower, representative organization, organiza-
26 tional deputy, or the commissioner, or the attorney general may bring a
27 public enforcement action for all appropriate relief, including enjoin-
28 ing the conduct of any person or employer; ordering payment of civil
29 penalties as provided by section two hundred fifteen of this chapter,
30 costs and reasonable attorneys' fees to the employee by the person or
31 entity in violation; and, where the person or entity in violation is an
32 employer, ordering rehiring or reinstatement of the employee to the
33 employee's former position with restoration of seniority. Any person
34 affected by a violation of this subdivision may also bring a civil
35 action in a court of competent jurisdiction against any employer or
36 persons alleged to have violated the provisions of this subdivision
37 pursuant to subdivision two of section two hundred fifteen of this chap-
38 ter.
39 c. There shall be a rebuttable presumption that any adverse actions
40 taken against a relator within one hundred eighty days after the relator
41 has filed an action under this chapter is retaliatory. Nothing in this
42 subdivision shall be interpreted to prohibit an inference of retaliatory
43 motive after one hundred eighty days after the relator has filed an
44 action under this chapter.
45 § 1152. Procedure. 1. No public enforcement action by a relator pursu-
46 ant to section one thousand fifty-one of this article may be commenced:
47 a. prior to sixty days after written notice has been given by the
48 relator to the commissioner and to the attorney general. The relator
49 shall submit a filing fee of seventy-five dollars to the commissioner,
50 and the time periods in this section shall begin when notice and filing
51 fee have been submitted. The fees required by this paragraph are subject
52 to waiver in accordance with rules promulgated by the commissioner. The
53 written notice shall be given in such a manner as the commissioner may
54 prescribe by regulation, shall be construed in a light favorable to the
55 relator, and shall include:
56 (i) the name, address and contact information of the employer.
S. 448--B 7
1 (ii) the name, address, and contact information of the affected
2 employee or whistleblower.
3 (iii) if the action is brought by a representative organization, the
4 name, address and contact information of the representative organiza-
5 tion, its qualification as a representative organization as defined in
6 this chapter, and the form on which the whistleblower or affected
7 employee has designated the representative organization.
8 (iv) if the action is brought by an affected employee or whistleblow-
9 er, the name, address, and contact information of any labor organization
10 that has assisted with the filing of the written notice, and who would
11 be available to serve as an organizational deputy should they be so
12 appointed by the commissioner or the attorney general.
13 (v) the name, address and contact information of the relator's legal
14 counsel, should one exist.
15 (vi) a statement of the underlying claim.
16 (vii) if the relator is a "whistleblower", the relator's knowledge of
17 the alleged violations that is independent of and materially adds to
18 publicly disclosed information.
19 (viii) after searching the database established pursuant to subdivi-
20 sion six of section one thousand fifty-one of this article for notices
21 alleging the same facts and legal theories, a summary of such notices or
22 statement that no such notices exist, provided that a notice filed by a
23 pro se litigant may not be rejected for failure to conduct such a
24 search.
25 b. if the commissioner or the attorney general, at any time prior to
26 the end of the sixty-day notice period prescribed in paragraph a of this
27 subdivision or prior to commencement of such action, whichever is later,
28 and upon written notice to the relator who provided the notice
29 prescribed in paragraph a of this subdivision, has commenced and is
30 actively prosecuting an administrative enforcement proceeding pursuant
31 to this chapter relative to the alleged violation.
32 c. if the commissioner or the attorney general, on the same facts and
33 theories, cites a person within the timeframes set forth in this section
34 for a violation of the same section or sections of this chapter under
35 which the relator is attempting to recover a civil penalty or remedy on
36 behalf of the relator or others.
37 d. if the violation is of a posting or agency reporting requirement or
38 agency filing requirement, except where the filing or reporting require-
39 ment involves mandatory payroll or injury reporting.
40 e. if the violation is for minor variations in the legal name or
41 address of the employer in a wage statement or wage notice required
42 under article six of this chapter, provided that the variations do not
43 impair a worker's ability to promptly and easily identify the employer.
44 2. The commissioner or the attorney general may, after receiving the
45 notice, appoint an organizational deputy for the commissioner or the
46 attorney general (based on who makes the appointment) to serve as the
47 relator, instead of the person who filed the notice. That organizational
48 deputy may then proceed with the public enforcement action on behalf of
49 the state. If the commissioner or the attorney general has appointed an
50 organizational deputy as the relator, that organizational deputy shall
51 serve as the relator in accordance with all the other procedures
52 outlined in this article. The decision to appoint an organizational
53 deputy shall not be construed as the commissioner's or the attorney
54 general's direct intervening in the public enforcement action.
S. 448--B 8
1 3. The commissioner or the attorney general may intervene in the
2 public enforcement action and proceed with any and all claims in the
3 action:
4 a. as of right within the sixty-day notice period prescribed in para-
5 graph a of subdivision one of this section;
6 b. for good cause, as determined by the court, after the expiration of
7 the sixty-day notice period prescribed in paragraph a of subdivision one
8 of this section; or
9 c. if a previous relator becomes unavailable to continue the public
10 enforcement action, by appointing an organizational deputy for the
11 commissioner or the attorney general (based on who makes the appoint-
12 ment) to proceed with the public enforcement action on behalf of the
13 state. If the commissioner or the attorney general has so appointed an
14 organizational deputy, the organizational deputy shall serve as the
15 relator in accordance with all the other procedures outlined in this
16 article. The decision to appoint an organizational deputy shall not be
17 construed as the commissioner or the attorney general directly interven-
18 ing in the public enforcement action.
19 4. If the commissioner or the attorney general intervenes in an
20 action, the commissioner may take primary responsibility for litigating
21 the action and shall not be bound by an act of the relator bringing the
22 action. In such cases, the relator shall remain a party to the action.
23 The commissioner or the attorney general may also intervene in the
24 action for the limited purpose of filing a statement of interest or
25 otherwise advancing the state's view about legal issues at stake in the
26 action. If the commissioner or the attorney general has intervened for
27 the purpose of taking primary responsibility for litigating the action,
28 the commissioner or attorney general may dismiss or settle the action
29 after the relator has been notified of the filing of the motion and has
30 been provided with an opportunity to be heard, and the court determines
31 that such dismissal or settlement is fair, adequate, reasonable, and in
32 the public interest.
33 5. Either the commissioner, the attorney general, or a federal or
34 state court of competent jurisdiction shall review and approve any
35 settlement of any civil action filed pursuant to this article or of any
36 claim for which a relator has provided notice pursuant to this section.
37 The commissioner, the attorney general, or the court shall approve the
38 settlement if it is fair, reasonable and adequate, in light of the stat-
39 utory purpose of the provision of this chapter alleged to have been
40 violated and the purpose of this article.
41 6. a. The relator shall, within ten days following commencement of a
42 civil action pursuant to this article, provide the commissioner and the
43 attorney general with a file-stamped copy of the complaint that includes
44 the case number assigned by the court.
45 b. If the commissioner or the attorney general so requests, the
46 commissioner or the attorney general shall be served with copies of
47 pleadings filed in the action and shall be supplied with copies of all
48 deposition transcripts. The commissioner or the attorney general shall
49 bear any costs associated with service of such pleadings and depositions
50 if there are such costs.
51 c. A copy of the court's judgment in any civil action filed pursuant
52 to this article and any other order in that action that either provides
53 for or denies an award of civil penalties under this article shall be
54 submitted to the commissioner and the attorney general within ten days
55 after entry of the judgment or order.
S. 448--B 9
1 d. Items required to be submitted to the commissioner under this
2 subdivision shall be transmitted in such a manner as the commissioner
3 shall prescribe for the filing of notices under paragraph a of subdivi-
4 sion one of this section.
5 7. Such regulations prescribed pursuant to paragraph a of subdivision
6 one of this section shall provide for the right of the relator to
7 furnish an amended notice, after the notice by the commissioner to the
8 relator that the original notice was not in compliance with this section
9 or the regulations issued thereunder and specifying with particularity
10 what the deficiencies were in the original notice. Such notice and
11 opportunity to amend shall be provided by the commissioner within sixty
12 days of the original notice or the original notice shall be deemed in
13 compliance with this section. The relator shall have thirty days from
14 receiving notice from the commissioner that their original notice was
15 not in compliance with this section to amend the notice.
16 8. A public enforcement action shall be tried promptly, without regard
17 to concurrent adjudication of private claims, including without regard
18 to concurrent adjudication of claims for violations personally affecting
19 the relator.
20 9. No public enforcement action brought pursuant to this article shall
21 be required to meet the requirements of Rule 23(a) of the Federal Rules
22 of Civil Procedure or article nine of the civil practice law and rules.
23 10. The rules governing pretrial discovery in a public enforcement
24 action brought pursuant to this article shall be the same as those
25 applicable to other civil actions. No special showing of merit or other
26 additional requirement shall be imposed on a relator's discovery rights
27 in such an action.
28 11. A relator bringing an action pursuant to this article shall be
29 entitled to discovery regarding the alleged violations as to all
30 affected employees as defined in this article.
31 12. When related public enforcement actions are pending, the parties
32 shall immediately notify the courts overseeing such actions of the over-
33 lap and submit a joint statement describing the overlap, which may
34 propose a process to ensure the just, speedy, and efficient determi-
35 nation of the actions. The court may appoint lead enforcement counsel
36 with sole responsibility for asserting the related claims, with consid-
37 eration of the following factors:
38 a. the work that counsel has done in investigating the claims;
39 b. counsel's experience litigating labor law and past performance in
40 similar cases;
41 c. counsel's diligence in advancing the case;
42 d. the resources that counsel has committed and will commit to prose-
43 cuting the case, and the relative resources at counsel's disposal; and
44 e. the length of time each action has been pending.
45 § 1153. Non-application. 1. This article shall not apply to the recov-
46 ery of administrative and civil penalties in connection with the unem-
47 ployment insurance law as contained in article eighteen of this chapter.
48 2. This article shall not apply to the recovery of administrative and
49 civil penalties in connection with the New York state labor relations
50 act as contained in article twenty of this chapter.
51 3. Severability. If any word, phrase, clause, sentence, paragraph,
52 subdivision, section or part of this article or the application thereof
53 to any person or circumstances shall be adjudged invalid by a court of
54 competent jurisdiction, such order or judgment shall be confined in its
55 operation to the controversy in which it was rendered, and shall not
56 affect or invalidate the remainder of this article, but shall be
S. 448--B 10
1 confined in its operation to the word, phrase, clause, sentence, para-
2 graph, subdivision, section or part thereof directly involved in the
3 controversy in which such judgment shall have been rendered.
4 4. This article shall be construed in light of its remedial purposes
5 to expand the enforcement of this chapter.
6 § 4. This act shall take effect immediately, and shall permit relators
7 to bring actions concerning New York Labor Law violations that occurred
8 within the six years prior to this act's effective date, unless the
9 Labor Law provides a shorter statute of limitations with respect to the
10 specific violation in question, in which case that shorter statute of
11 limitations shall apply.
