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S 9821

Enacts the Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act

2025 Regular Session Introduced by Erik Bottcher and 28 co-sponsors

The act creates a private enforcement pathway allowing affected workers and designated representatives to sue for civil penalties to enforce labor laws, expanding enforcement beyon

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Bill Summary · S 9821

Summary of S. 9821 (2025-2026) – Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act

Purpose and intent

  • Establishes a private enforcement mechanism to supplement state labor-law enforcement.
  • Enables private individuals, unions, and designated organizational deputies to initiate public enforcement actions to recover civil penalties for labor-law violations.
  • Aims to deter wage theft and other violations, level the playing field for compliant employers, and enhance enforcement resources by leveraging private action.

Key provisions and changes

Article 38: New enforcement framework

  • Creates a new statutory framework (Article 38) within New York labor law for “public enforcement actions.”
  • Defines core terms:
    • Affected employee: someone whose wage/rights were violated, or who claims misclassification, including models under certain circumstances.
    • Relator: affected employee, whistleblower, or designated representative organization (or organizational deputy) acting as plaintiff in a public enforcement action.
    • Whistleblower: current/former worker who provides independent information beyond publicly disclosed facts.
    • Employer: traditional employer or model-management entities; government agencies are excluded.
    • Representative organization: a bona fide labor organization selected by an affected employee or whistleblower to initiate the action.
    • Public enforcement action: action to enforce labor protections by the commissioner, not targeting governmental agencies.
    • Commissioner: NY labor department officials empowered to oversee penalties, remedies, and related regulatory actions.
    • Violation: noncompliance with specified labor-law articles and related regulations/wage orders.

Public enforcement action mechanics

  • A relator may initiate a公ublic enforcement action to collect civil penalties for violations affecting employees, with ability to seek injunctive and declaratory relief.
  • Courts gain authority to assess penalties consistent with the regulator’s penalties where applicable.
  • Civil penalties:
    • General penalty: $500 per affected employee per pay period per violation.
    • Starting Jan 1, 2027, penalties escalate at the same rate as state minimum wage increases (annually published by the commissioner).
    • Courts may adjust penalties upwards if needed to avoid unjust, arbitrary, oppressive, or confiscatory outcomes.
  • Attorneys’ and expert fees: Prevailing relator may recover reasonable fees and costs; “prevailing” includes catalyzing policy change, even without a complete victory.
  • Remedies: In addition to penalties, prevailing relators may seek injunctive relief, restitution, and damages; relators may pursue concurrent claims under other laws.

Penalty distribution and service awards

  • Penalties recovered are distributed as:
    • If no state intervenes: 40% to relator, 60% to the commissioner for enforcement/education (funds continuously appropriated for these purposes).
    • If the state intervenes: 30% to relator, 70% to the commissioner.
  • Relators (especially affected employees/whistleblowers) may receive a service award from penalties recovered:
    • Not less than $5,000 and not more than $20,000, capped by the total penalties recovered.
    • If the relator is a representative organization or organizational deputy, all penalties go to affected employees minus reasonable fees and costs.
  • Distributions and fees must be transparently documented and shared with the commissioner/AG.

Protections against retaliation

  • Prohibits firing, demotion, harassment, or retaliation against anyone participating in or aiding a public enforcement action (including those who report or assist).
  • Eligible actions include prospective relief, penalties, and reinstatement where applicable.
  • Rebuttable presumption of retaliation within 180 days for adverse actions against a relator.

Procedures and filings

  • Notice requirements: A 60-day pre-filing notice to the commissioner and attorney general, plus a $75 filing fee (waivable).
  • Filing and service: Relator must provide a copy of the complaint; the commissioner/AG receive pleadings and deposition transcripts if requested; timely sharing of judgments/orders.
  • State intervention and coordination: The commissioner/AG may intervene, appoint organizational deputies, or dismiss/settle with oversight to ensure public interest.
  • Settlement review: Any settlement requires approval by the commissioner/AG or a court, ensuring fairness and public interest.
  • Discovery: Standard civil-discovery rules apply; broad discovery rights for the relator to obtain information for all affected employees.
  • Multijurisdiction/related actions: Courts may coordinate and appoint lead enforcement counsel for overlapping actions.

Scope and exclusions

  • Article 38 does not apply to claims under unemployment insurance or labor relations acts (two specified other NY statutes).
  • Non-application and severability provisions preserve operability of remaining law and allow partial invalidation without dismantling the entire act.
  • The act is to be construed in light of remedial purposes to expand enforcement.

Effective date

  • Immediate effect upon enactment.
  • Relators may bring actions for labor-law violations occurring within the six years prior to the act’s effective date, unless a shorter statute of limitations applies to a specific violation.

Who/what would be affected

  • Affected employees and whistleblowers pursuing wage-and-hour or misclassification violations under NY labor law.
  • Representative organizations (labor unions) designated to act as relators on behalf of workers.
  • Employers and model-management entities subject to NY labor law provisions within defined articles.
  • NY Department of Labor (and related state enforcement bodies) via funding, penalties, and oversight, including annual reporting and a public enforcement notices database.

Procedural and timeline considerations

  • New private enforcement avenue adds a six-year statute-of-limitations framework for penalties (tolling rules apply when notice is filed or investigations begin).
  • Annual publication of penalty schedules tied to minimum wage increases beginning 2027.
  • Regular reporting: public online database of enforcement notices and an annual penalties-recovered report.
  • Relator participation includes potential service awards and equitable distribution of penalties, with oversight to ensure fair allocation.
  • Interim coordination mechanisms for related actions to streamline enforcement and reduce duplicative litigation.

If you’d like, I can tailor this summary for a policy brief, a legislative memo, or a public-facing explainer, and highlight potential fiscal impacts or risk considerations.

Compiled from official sources — confirm details with the bill’s official record.

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