Bill Text: NY S09821 | 2025-2026 | General Assembly | Introduced
Bill Title: 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.
Sponsorship: Partisan Bill (Democrat 31)
Status: (Introduced - Dead) 2026-04-07 - REFERRED TO LABOR [S09821 Detail]
Download: New_York-2025-S09821-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9821 IN SENATE April 7, 2026 ___________ Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, RAMOS, RIVERA, SANDERS, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor 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. 18 4. The legislature further finds and declares that the purpose of the 19 EMPIRE Worker Protection Act is to incentivize private parties to 20 recover civil penalties for the government that otherwise may not have 21 been assessed and collected by overburdened state enforcement agencies. 22 When the New York labor law is effectively enforced, it protects the 23 interests of all New Yorkers and the state of New York. Such public 24 enforcement actions are an efficient mechanism to limit systemic EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01897-14-6S. 9821 2 1 violations, will enforce the rights of more workers, and can benefit the 2 department of labor with enhanced resources. 3 5. The legislature further finds and declares that the purpose of the 4 EMPIRE Worker Protection Act is to benefit those employers who are oper- 5 ating within the labor law, and who, as a result, face unfair competi- 6 tion from individuals and entities shirking the labor law. 7 6. The legislature further finds and declares that the purpose of the 8 EMPIRE Worker Protection Act is to deter employers from stealing wages 9 or committing other violations of the New York labor law and raise the 10 cost of noncompliance with the New York labor law. 11 7. The legislature further finds and declares that the purpose of the 12 EMPIRE Worker Protection Act is to incentivize labor organizations to 13 aid working people to report violations of the New York labor law. 14 8. The legislature further finds and declares that the purpose of the 15 EMPIRE Worker Protection Act is to facilitate whistleblowers suffering 16 from violations of the New York labor law to report abuses without fear 17 of retaliation and intimidation. 18 9. The legislature further finds and declares that the EMPIRE Worker 19 Protection Act is part of a history both in New York state and in the 20 United States of laws enabling private citizens to aid in public 21 enforcement. In similar qui tam legislation enabling private citizens to 22 aid in public enforcement, the resulting action is a public enforcement 23 action. 24 § 3. The labor law is amended by adding a new article 38 to read as 25 follows: 26 ARTICLE 38 27 EMPOWERING PEOPLE IN RIGHTS ENFORCEMENT (EMPIRE) WORKER PROTECTION ACT 28 Section 1150. Definitions. 29 1151. Public enforcement action. 30 1152. Procedure. 31 1153. Non-application. 32 § 1150. Definitions. Whenever used in this article: 33 1. "affected employee" means: 34 a. any employee as defined by section two of this chapter who was 35 employed by the alleged violator employer and against whom one of the 36 alleged violations was committed, or was alleged to have been committed, 37 as well as any person who is not classified by a business as an employee 38 but who claims to be an employee and whose claims against the purported 39 employer relate to this alleged misclassification; or 40 b. any model as defined in section one thousand thirty-one of this 41 chapter who was engaged by the alleged violator model management compa- 42 ny, model management group, or client and against whom one of the 43 alleged violations was committed, or was alleged to have been committed. 44 An affected employee may maintain an action under this article whether 45 or not that person has received full or partial relief from harm. 46 2. "relator" means an affected employee, a whistleblower, a represen- 47 tative organization, or an organizational deputy that acts as a plain- 48 tiff in a public enforcement action under this chapter. 49 3. "whistleblower" means any current or former employee, contractor, 50 subcontractor, or employee of a contractor or subcontractor of the 51 defendant with knowledge of the alleged violations that is independent 52 of and materially adds to any publicly disclosed information about the 53 alleged violations. Whistleblowers are not also "affected employees" if 54 they do not seek civil penalties for violations that personally affected 55 them in a public enforcement action under this chapter. 56 4. "employer" means:S. 9821 3 1 a. any employer as defined by section two of this chapter; or 2 b. any model management company, model management group, or client as 3 defined by section one thousand thirty-one of this chapter. The term 4 "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. 9821 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; 8 p. this article; and 9 q. any other worker protections that are added to this chapter after 10 the effective date of this article, unless the enacting statute specif- 11 ically excludes them from this definition. 12 9. "organizational deputy" means a labor organization which exists and 13 is constituted for the purpose, in whole or in part, of collective 14 bargaining or of dealing with employers concerning grievances, terms or 15 conditions of employment, and is not a "company union" as defined by 16 subdivision six of section seven hundred one of this chapter, that has 17 been appointed by the commissioner or the attorney general to represent 18 the state as the relator in the public enforcement action. The commis- 19 sioner or the attorney general shall have complete discretion to deter- 20 mine what labor organizations may serve as their organizational deputy 21 in a public enforcement action. 22 § 1151. Public enforcement action. 1. A relator may initiate a public 23 enforcement action to collect civil penalties on behalf of the commis- 24 sioner for a violation impacting affected employees pursuant to the 25 procedures specified in section eleven hundred fifty-two of this arti- 26 cle. A relator may allege multiple violations that have affected differ- 27 ent employees and may seek injunctive and declaratory relief that the 28 state would be entitled to seek. 29 2. a. For purposes of this section, whenever the commissioner has 30 discretion to assess a civil penalty, a court is authorized to exercise 31 the same discretion to assess a civil penalty. To the extent that the 32 commissioner is authorized to determine that an employer has violated a 33 provision of this chapter or regulation promulgated thereunder, in a 34 public enforcement action, a court shall be authorized to determine that 35 an employer has committed such a violation. 36 b. For any violation defined in this article, except those for which a 37 civil penalty is specifically provided, there is established a civil 38 penalty of five hundred dollars for each affected employee per pay peri- 39 od per violation. That civil penalty will increase beginning on January 40 first, two thousand twenty-seven at the same rate that the minimum wages 41 increase each year as specified in paragraph (b) of section six hundred 42 fifty-two of this chapter or any successor method by which minimum wage 43 rates are to be adjusted. The civil penalty rate shall be published 44 annually by the commissioner. A court may not award a lesser amount, 45 unless, based on the facts and circumstances of the particular case, the 46 employer demonstrates that to do otherwise would result in an award that 47 is unjust, arbitrary and oppressive, or confiscatory. 48 c. In any civil action commenced pursuant to this article, the court 49 shall allow a prevailing relator to recover all reasonable attorneys' 50 fees, expert fees and other costs. The court may also allow a prevail- 51 ing relator to recover all reasonable ancillary costs associated with 52 serving as a relator. For the purposes of this article, the term 53 "prevailing" includes a relator whose commencement of litigation has 54 acted as a catalyst to effect policy change on the part of the defend- 55 ant, regardless of whether that change has been implemented voluntarily,S. 9821 5 1 as a result of a settlement or as a result of a judgment in such 2 relator's favor. 3 d. Nothing in this section shall operate to limit an affected employ- 4 ee's right to pursue or recover other remedies available under state or 5 federal law, either separately or concurrently with an action taken 6 under this section. 7 e. Nothing in this section shall operate to limit the commissioner's 8 or the attorney general's right to seek restitution and damages, where 9 available, for affected employees in conjunction with a public enforce- 10 ment action in which it has intervened. 11 3. a. Civil penalties recovered in public enforcement actions shall 12 be distributed as follows: where the commissioner or the attorney 13 general has not intervened, or where the commissioner or the attorney 14 general has appointed an organizational deputy to proceed as the rela- 15 tor, forty percent to the relator; and sixty percent to the commissioner 16 for enforcement of this chapter and education of employers and employees 17 about their rights and responsibilities under this chapter, to be 18 continuously appropriated to supplement and not supplant the funding to 19 the agency for those purposes; where the commissioner or the attorney 20 general has intervened, thirty percent to the relator; and seventy 21 percent to the commissioner for enforcement of this chapter and educa- 22 tion of employers and employees about their rights and responsibilities 23 under this chapter, to be continuously appropriated to supplement and 24 not supplant the funding to the agency for those purposes. 25 b. The relator shall equitably distribute the share of penalties due 26 the relator among affected employees. If the relator is an affected 27 employee or whistleblower, they shall also be entitled to recover a 28 service award from the penalties recovered, if they prevail in achieving 29 relief, in whole or in part, for violations that affected other employ- 30 ees. The service award shall be not less than five thousand dollars and 31 not more than twenty thousand dollars, unless the amount recovered as 32 civil penalties is less than twenty thousand dollars. The court shall 33 determine the service award by taking due consideration of the burdens 34 and risks assumed by the relator in prosecuting the action. If the rela- 35 tor is a representative organization or an organizational deputy 36 appointed by the commissioner or the attorney general, it shall distrib- 37 ute all recovered penalties to affected employees but may recover 38 reasonable attorneys' fees and costs incurred in prosecuting the action 39 and ancillary costs associated with serving as a relator. The relator 40 shall submit a distribution summary to the commissioner and the attorney 41 general. 42 4. The right to bring a public enforcement action under this article 43 shall not be subject to private agreements between an affected employee 44 and an employer or alleged employer, unless such agreements are collec- 45 tively bargained and the bargaining agreement provides a forum for the 46 enforcement of rights and remedies otherwise enforceable under this 47 article. The right to represent the state with respect to violations 48 affecting other workers shall not be waivable by private agreement, 49 unless such agreements are collectively bargained and the bargaining 50 agreement provides a forum for the enforcement of rights and remedies 51 otherwise enforceable under this article, including an award of penal- 52 ties authorized by this article. 53 5. Notwithstanding any other provision of law, a public enforcement 54 action to recover upon a penalty imposed by this article must be 55 commenced within six years. The statute of limitations for bringing a 56 public enforcement action under this article shall be tolled from theS. 9821 6 1 date a relator files a notice pursuant to section eleven hundred fifty- 2 two of this article with the commissioner and the attorney general, or 3 the commissioner or the attorney general commences an investigation, 4 whichever is earlier. 5 6. The commissioner shall establish a database of public enforcement 6 notices submitted pursuant to this article, including the parties, the 7 disposition and any other information which the commissioner shall by 8 regulation prescribe and shall make such database available to the 9 public online. The commissioner shall also publish an annual report of 10 total penalties recovered under this chapter. 11 7. a. No employer or the employer's agent, employee, contractor, 12 subcontractor or the officer or agent of any corporation, partnership, 13 or limited liability company, or any other person shall discharge, 14 demote, suspend, threaten, harass, or in any other manner discriminate 15 against any person because of any lawful act done because: 16 (i) the relator or potential relator brought or is perceived to have 17 brought a public enforcement action; 18 (ii) the relator or potential relator has provided information, caused 19 information to be provided, or otherwise assisted in a public enforce- 20 ment action or provided information, or caused information to be 21 provided to a person with supervisory authority over the relator or 22 potential relator regarding conduct that the relator or potential rela- 23 tor reasonably believes constitutes a violation of this section; or 24 (iii) the person believes that the relator or potential relator may 25 bring a public enforcement action or cooperate with one. 26 b. Any person affected by a violation of this subdivision, or any 27 affected employee, whistleblower, representative organization, organiza- 28 tional deputy, or the commissioner, or the attorney general may bring a 29 public enforcement action for all appropriate relief, including enjoin- 30 ing the conduct of any person or employer; ordering payment of civil 31 penalties as provided by section two hundred fifteen of this chapter, 32 costs and reasonable attorneys' fees to the employee by the person or 33 entity in violation; and, where the person or entity in violation is an 34 employer, ordering rehiring or reinstatement of the employee to the 35 employee's former position with restoration of seniority. Any person 36 affected by a violation of this subdivision may also bring a civil 37 action in a court of competent jurisdiction against any employer or 38 persons alleged to have violated the provisions of this subdivision 39 pursuant to subdivision two of section two hundred fifteen of this chap- 40 ter. 41 c. There shall be a rebuttable presumption that any adverse actions 42 taken against a relator within one hundred eighty days after the relator 43 has filed an action under this chapter is retaliatory. Nothing in this 44 subdivision shall be interpreted to prohibit an inference of retaliatory 45 motive after one hundred eighty days after the relator has filed an 46 action under this chapter. 47 § 1152. Procedure. 1. No public enforcement action by a relator pursu- 48 ant to section eleven hundred fifty-one of this article may be 49 commenced: 50 a. prior to sixty days after written notice has been given by the 51 relator to the commissioner and to the attorney general. The relator 52 shall submit a filing fee of seventy-five dollars to the commissioner, 53 and the time periods in this section shall begin when notice and filing 54 fee have been submitted. The fees required by this paragraph are subject 55 to waiver in accordance with rules promulgated by the commissioner. The 56 written notice shall be given in such a manner as the commissioner mayS. 9821 7 1 prescribe by regulation, shall be construed in a light favorable to the 2 relator, and shall include: 3 (i) the name, address and contact information of the employer. 4 (ii) the name, address, and contact information of the affected 5 employee or whistleblower. 6 (iii) if the action is brought by a representative organization, the 7 name, address and contact information of the representative organiza- 8 tion, its qualification as a representative organization as defined in 9 this chapter, and the form on which the whistleblower or affected 10 employee has designated the representative organization. 11 (iv) if the action is brought by an affected employee or whistleblow- 12 er, the name, address, and contact information of any labor organization 13 that has assisted with the filing of the written notice, and who would 14 be available to serve as an organizational deputy should they be so 15 appointed by the commissioner or the attorney general. 16 (v) the name, address and contact information of the relator's legal 17 counsel, should one exist. 18 (vi) a statement of the underlying claim. 19 (vii) if the relator is a "whistleblower", the relator's knowledge of 20 the alleged violations that is independent of and materially adds to 21 publicly disclosed information. 22 (viii) after searching the database established pursuant to subdivi- 23 sion six of section eleven hundred fifty-one of this article for notices 24 alleging the same facts and legal theories, a summary of such notices or 25 statement that no such notices exist, provided that a notice filed by a 26 pro se litigant may not be rejected for failure to conduct such a 27 search. 28 b. if the commissioner or the attorney general, at any time prior to 29 the end of the sixty-day notice period prescribed in paragraph a of this 30 subdivision or prior to commencement of such action, whichever is later, 31 and upon written notice to the relator who provided the notice 32 prescribed in paragraph a of this subdivision, has commenced and is 33 actively prosecuting an administrative enforcement proceeding pursuant 34 to this chapter relative to the alleged violation. 35 c. if the commissioner or the attorney general, on the same facts and 36 theories, cites a person within the timeframes set forth in this section 37 for a violation of the same section or sections of this chapter under 38 which the relator is attempting to recover a civil penalty or remedy on 39 behalf of the relator or others. 40 d. if the violation is of a posting or agency reporting requirement or 41 agency filing requirement, except where the filing or reporting require- 42 ment involves mandatory payroll or injury reporting. 43 e. if the violation is for minor variations in the legal name or 44 address of the employer in a wage statement or wage notice required 45 under article six of this chapter, provided that the variations do not 46 impair a worker's ability to promptly and easily identify the employer. 47 2. The commissioner or the attorney general may, after receiving the 48 notice, appoint an organizational deputy for the commissioner or the 49 attorney general (based on who makes the appointment) to serve as the 50 relator, instead of the person who filed the notice. That organizational 51 deputy may then proceed with the public enforcement action on behalf of 52 the state. If the commissioner or the attorney general has appointed an 53 organizational deputy as the relator, that organizational deputy shall 54 serve as the relator in accordance with all the other procedures 55 outlined in this article. The decision to appoint an organizationalS. 9821 8 1 deputy shall not be construed as the commissioner's or the attorney 2 general's direct intervening in the public enforcement action. 3 3. The commissioner or the attorney general may intervene in the 4 public enforcement action and proceed with any and all claims in the 5 action: 6 a. as of right within the sixty-day notice period prescribed in para- 7 graph a of subdivision one of this section; 8 b. for good cause, as determined by the court, after the expiration of 9 the sixty-day notice period prescribed in paragraph a of subdivision one 10 of this section; or 11 c. if a previous relator becomes unavailable to continue the public 12 enforcement action, by appointing an organizational deputy for the 13 commissioner or the attorney general (based on who makes the appoint- 14 ment) to proceed with the public enforcement action on behalf of the 15 state. If the commissioner or the attorney general has so appointed an 16 organizational deputy, the organizational deputy shall serve as the 17 relator in accordance with all the other procedures outlined in this 18 article. The decision to appoint an organizational deputy shall not be 19 construed as the commissioner or the attorney general directly interven- 20 ing in the public enforcement action. 21 4. If the commissioner or the attorney general intervenes in an 22 action, the commissioner may take primary responsibility for litigating 23 the action and shall not be bound by an act of the relator bringing the 24 action. In such cases, the relator shall remain a party to the action. 25 The commissioner or the attorney general may also intervene in the 26 action for the limited purpose of filing a statement of interest or 27 otherwise advancing the state's view about legal issues at stake in the 28 action. If the commissioner or the attorney general has intervened for 29 the purpose of taking primary responsibility for litigating the action, 30 the commissioner or attorney general may dismiss or settle the action 31 after the relator has been notified of the filing of the motion and has 32 been provided with an opportunity to be heard, and the court determines 33 that such dismissal or settlement is fair, adequate, reasonable, and in 34 the public interest. 35 5. Either the commissioner, the attorney general, or a federal or 36 state court of competent jurisdiction shall review and approve any 37 settlement of any civil action filed pursuant to this article or of any 38 claim for which a relator has provided notice pursuant to this section. 39 The commissioner, the attorney general, or the court shall approve the 40 settlement if it is fair, reasonable and adequate, in light of the stat- 41 utory purpose of the provision of this chapter alleged to have been 42 violated and the purpose of this article. 43 6. a. The relator shall, within ten days following commencement of a 44 civil action pursuant to this article, provide the commissioner and the 45 attorney general with a file-stamped copy of the complaint that includes 46 the case number assigned by the court. 47 b. If the commissioner or the attorney general so requests, the 48 commissioner or the attorney general shall be served with copies of 49 pleadings filed in the action and shall be supplied with copies of all 50 deposition transcripts. The commissioner or the attorney general shall 51 bear any costs associated with service of such pleadings and depositions 52 if there are such costs. 53 c. A copy of the court's judgment in any civil action filed pursuant 54 to this article and any other order in that action that either provides 55 for or denies an award of civil penalties under this article shall beS. 9821 9 1 submitted to the commissioner and the attorney general within ten days 2 after entry of the judgment or order. 3 d. Items required to be submitted to the commissioner under this 4 subdivision shall be transmitted in such a manner as the commissioner 5 shall prescribe for the filing of notices under paragraph a of subdivi- 6 sion one of this section. 7 7. Such regulations prescribed pursuant to paragraph a of subdivision 8 one of this section shall provide for the right of the relator to 9 furnish an amended notice, after the notice by the commissioner to the 10 relator that the original notice was not in compliance with this section 11 or the regulations issued thereunder and specifying with particularity 12 what the deficiencies were in the original notice. Such notice and 13 opportunity to amend shall be provided by the commissioner within sixty 14 days of the original notice or the original notice shall be deemed in 15 compliance with this section. The relator shall have thirty days from 16 receiving notice from the commissioner that their original notice was 17 not in compliance with this section to amend the notice. 18 8. A public enforcement action shall be tried promptly, without regard 19 to concurrent adjudication of private claims, including without regard 20 to concurrent adjudication of claims for violations personally affecting 21 the relator. 22 9. No public enforcement action brought pursuant to this article shall 23 be required to meet the requirements of Rule 23(a) of the Federal Rules 24 of Civil Procedure or article nine of the civil practice law and rules. 25 10. The rules governing pretrial discovery in a public enforcement 26 action brought pursuant to this article shall be the same as those 27 applicable to other civil actions. No special showing of merit or other 28 additional requirement shall be imposed on a relator's discovery rights 29 in such an action. 30 11. A relator bringing an action pursuant to this article shall be 31 entitled to discovery regarding the alleged violations as to all 32 affected employees as defined in this article. 33 12. When related public enforcement actions are pending, the parties 34 shall immediately notify the courts overseeing such actions of the over- 35 lap and submit a joint statement describing the overlap, which may 36 propose a process to ensure the just, speedy, and efficient determi- 37 nation of the actions. The court may appoint lead enforcement counsel 38 with sole responsibility for asserting the related claims, with consid- 39 eration of the following factors: 40 a. the work that counsel has done in investigating the claims; 41 b. counsel's experience litigating labor law and past performance in 42 similar cases; 43 c. counsel's diligence in advancing the case; 44 d. the resources that counsel has committed and will commit to prose- 45 cuting the case, and the relative resources at counsel's disposal; and 46 e. the length of time each action has been pending. 47 § 1153. Non-application. 1. This article shall not apply to the recov- 48 ery of administrative and civil penalties in connection with the unem- 49 ployment insurance law as contained in article eighteen of this chapter. 50 2. This article shall not apply to the recovery of administrative and 51 civil penalties in connection with the New York state labor relations 52 act as contained in article twenty of this chapter. 53 3. Severability. If any word, phrase, clause, sentence, paragraph, 54 subdivision, section or part of this article or the application thereof 55 to any person or circumstances shall be adjudged invalid by a court of 56 competent jurisdiction, such order or judgment shall be confined in itsS. 9821 10 1 operation to the controversy in which it was rendered, and shall not 2 affect or invalidate the remainder of this article, but shall be 3 confined in its operation to the word, phrase, clause, sentence, para- 4 graph, subdivision, section or part thereof directly involved in the 5 controversy in which such judgment shall have been rendered. 6 4. This article shall be construed in light of its remedial purposes 7 to expand the enforcement of this chapter. 8 § 4. This act shall take effect immediately, and shall permit relators 9 to bring actions concerning New York labor law violations that occurred 10 within the six years prior to this act's effective date, unless the 11 labor law provides a shorter statute of limitations with respect to the 12 specific violation in question, in which case that shorter statute of 13 limitations shall apply.
