"The Empire Act is essentially an acknowledgment of that reality and a proposal to solve it by deputizing the private bar. Employers should understand that if this passes, a wage claim that might previously have languished in an overloaded agency queue could now be brought swiftly by a motivated plaintiff's attorney."
"The cases are brought in the name of DOL, not the affected worker. The State has the right to intervene. If it does not, violations established through these private actions result in civil penalties that are split with the state; up to 40% goes to the worker and counsel, and up to 70% goes to the State."
"There is a presumption that any adverse employment action taken against an employee within 180 days of filing a lawsuit is retaliatory. Victims of retaliation are entitled to potential reinstatement, back pay, and civil penalties. The statute of limitations is six years, which is a look-back; meaning that if violations continue, the amount due continues to accrue, with interest."
The Empire Act (Empowering People in Rights Enforcement Act) establishes a private attorney general mechanism allowing workers, whistleblowers, and labor organizations to file public enforcement lawsuits for wage theft and child labor violations on behalf of the state Department of Labor. This addresses the DOL's severe understaffing by deputizing private attorneys. Cases are brought in the DOL's name with state intervention rights. Civil penalties are split between workers/counsel (up to 40%) and the state (up to 70%), with state funds earmarked for additional enforcement. The statute includes a 180-day presumption of retaliation for adverse employment actions, entitling victims to reinstatement, back pay, and civil penalties. The six-year statute of limitations allows continuous accrual of violations with interest.
Read at www.amny.com
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