Res. No. 1043
Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.448/A.4278, in relation to enacting the Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act
By Council Members De La Rosa and Cabán
Whereas, According to estimates from The Center for Popular Democracy over $3 billion in wages and benefits are stolen from New York workers each year, creating significant economic hardship for working families across the state; and
Whereas, The Center for Popular Democracy and Make the Road New York also reported that the New York State Department of Labor, after years of declining resources, insufficient pay, diminishing staffing levels, and increasing caseloads, lacks the capacity to fully enforce New York's labor laws, with wage theft claims often taking years to resolve; and
Whereas, Barriers to private litigation, including the threat of employer retaliation and forced arbitration agreements, prevent many workers from pursuing justice through traditional legal channels; and
Whereas, Federal capacity to enforce federal labor law has diminished significantly, further exacerbating the enforcement gap; and
Whereas, In a new report from the Workplace Justice Lab, researchers from Rutgers University and Northwestern University found that the U.S. Department of Labor’s Wage and Hour Division is working with its lowest headcount since 1973; and
Whereas, Corporate bad actors routinely violate labor standards with impunity and as reported by the National Employment Law Project, corporations steal billions each year from their employees; and
Whereas, Corporation misconduct creates unfair competition that undercuts and disadvantages law-abiding businesses; and
Whereas, S.448A, introduced by Senator Brad Holyman-Sigal, and pending in the New York State Senate, and A.4278A, introduced by Assembly Member Jo Anne Simon, and pending in the New York State Assembly, amends the labor law in relation to enacting the Empowering People In Rights Enforcement (EMPIRE) Worker Protection Act; and
Whereas, The EMPIRE Worker Protection Act relates to the delegation of state enforcement authority to private actors and 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; and
Whereas, The EMPIRE Worker Protection Act would create a means of empowering citizens as private attorneys general to enforce the New York labor law; and
Whereas, The EMPIRE Worker Protection Act would strengthen New York's existing labor laws by expanding public enforcement capacity and making labor protections more meaningful to more New Yorkers; and
Whereas, The EMPIRE Worker Protection Act provides a solution to address current constraints on state capacity by creating a mechanism that allows workers, whistleblowers, and labor unions to extend the reach of the Labor Commissioner and Attorney General; and
Whereas, Under the EMPIRE Worker Protection Act, these individuals and organizations could file public enforcement actions for wage theft and health/safety violations of the Labor Law, allowing for recovery of civil penalties as well as injunctive and declaratory relief; and
Whereas, The majority of penalties recovered would return to the Department of Labor to fund stronger worker protection enforcement, with the remainder distributed among affected workers; and
Whereas, The Department of Labor and Attorney General would maintain oversight of these public enforcement actions while retaining the ability to intervene at any point in any case; and
Whereas, According to a statement from Senator Brad Hoylman-Sigal, the EMPIRE Worker Protection Act would generate an estimated $103 million in revenue annually for labor law enforcement, creating a virtuous cycle that ensures robust compliance with labor standards; and
Whereas, The EMPIRE Worker Protection Act provides essential protections for vulnerable workers, particularly low-wage, immigrant, non-union, and organizing workers who face significant risks of retaliation when attempting to report violations; and
Whereas, By allowing labor unions to act as relators while shielding individual workers' identities, the EMPIRE Worker Protection Act minimizes barriers to justice and leverages existing expertise and relationships to encourage worker participation; and
Whereas, The EMPIRE Worker Protection Act builds on successful models in other states, such as California, where similar legislation has resolved thousands of labor violations and generated significant revenue for labor law enforcement; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S.448/A.4278, in relation to enacting the Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act.
LS #19929
07/17/2025
RLB