STATE OF NEW YORK
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8577
IN ASSEMBLY
January 12, 2024
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Introduced by M. of A. REYES -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to local enforcement of
violations of the state minimum wage in a city with a population of
one million or more
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "protection
2 and oversight of worker enforcement rights (POWER) act".
3 § 2. The labor law is amended by adding a new section 219-b to read as
4 follows:
5 § 219-b. Local enforcement authority. 1. As used in this section,
6 "fiscal officer" means the comptroller of the city of New York.
7 2. The fiscal officer may enforce and investigate violations of the
8 state minimum wage, and the following provisions of the labor law:
9 subdivision nine of section twenty-seven-d of this chapter and subdivi-
10 sion one of section two hundred fifteen of this article; sections one
11 hundred sixty-seven, one hundred seventy, one hundred ninety-one through
12 one hundred ninety-three, one hundred ninety-six-d, one hundred ninety-
13 eight-b, and one hundred ninety-eight-e of this chapter; sections two
14 hundred eighteen, two hundred nineteen, and two hundred nineteen-c of
15 this article; articles nineteen, nineteen-D, twenty-C, twenty-one-A,
16 twenty-five-B and twenty-five-C of this chapter; and any regulations and
17 wage orders promulgated in implementing such articles or provisions. The
18 fiscal officer shall further be authorized to enforce and investigate
19 violations of any other local law, ordinance, or regulation requiring
20 payment of a minimum wage or compensation, or establishing a labor stan-
21 dard for work performed within the city's geographic boundaries;
22 provided, however, that the fiscal officer shall not enforce those local
23 labor standards that the commissioner of consumer and worker protection
24 of such city or any successor to such office is charged with enforcing,
25 unless such enforcement authority is otherwise provided by local law or
26 the labor standard relates to the regulation of financially assisted
27 workplaces or the procurement of goods, services or office space by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13751-01-3
A. 8577 2
1 city or a city economic development entity. To effectuate enforcement of
2 the provisions set forth in this section, the fiscal officer shall be
3 empowered with the same authority as the commissioner as set forth in:
4 subdivisions one, two, eight, nine, ten, and eleven of section twenty-
5 one of this chapter; and sections twenty-five, twenty-six, thirty-one,
6 thirty-eight, and thirty-nine of this chapter, including but not limited
7 to the right to inspect premises, issue subpoenas, administer oaths,
8 examine witnesses, take affidavits, and inspect books, papers, and
9 records. The fiscal officer shall be empowered to adopt further enforce-
10 ment provisions, remedies, penalties, and other implementing regulations
11 consistent with this section. Provided, however, that nothing in this
12 section shall limit the authority or obligation of the department or any
13 other government agency to enforce any provision of this chapter or any
14 other law requiring payment of a minimum wage or compensation or estab-
15 lishing a labor standard within the geographic boundaries of a city with
16 a population of one million or more or elsewhere.
17 § 3. This act shall take effect immediately.
