BILL NUMBER: S8452A
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law and the workers' compensation law, in
relation to the issuing of stop-work orders
 
PURPOSE OR GENERAL IDEA OF BILL:
To protect workers from wage theft by holding employers accountable,
permitting the New York State Department of Labor to issue a stop work
order for non-compliance.
 
SUMMARY OF PROVISIONS:
Section 1. This act shall be known and cited as the "stop workplace
abuse today (SWAT) act".
Section 2. Amends Section 21 of the labor law by adding new subdivision
17 to read. "Shall be authorized to issue stop-work orders as a result
of a violation of this chapter."
Section 3. Amends the labor law adding new section 21-g stating that
employers who violate worker protections outlined in this bill shall be
subject to a stop-work order by the commissioner.
Section 4. Amends section 224-b of the labor law addressing evasion of
the new law and explains the consequences.
Section 5. Amends the worker's compensation law by adding a new section
142-a addressing consequences for employers who knowingly violate worker
protections.
Section 6. This act shall take effect immediately.
 
JUSTIFICATION:
Every year in New York State, thousands of workers have their wages
stolen. From 2017 through 2021, Federal and State investigators found
more than 13,000 cases of wage theft, according to an analysis of two
databases obtained from the U.S. and New York Labor departments. The
databases provide previously unreported details on how much money has
been stolen from workers and shed light on which businesses have commit-
ted wage theft. In all, federal and state investigators determined
during the five-year period that more than $203 million in wages had
been stolen from about 127,000 workers in New York, the analysis shows.
This bill is needed to act as a preventative measure and increase the
likelihood that victims of wage theft will be able to secure payment of
wages due from their employers. Other states, such as New Jersey, have
proven that stop-work orders have acted as an effective measure to
secure wages. After an investigation by NJDOL's Division of Wage and
Hour Compliance that resulted in issuing stop-work orders that shuttered
the doors of 27 Boston Markets around the state, more than $630,000 in
back wages has been paid to 314 workers. New York State's workers are
owed the same protective measures.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8452: 21 labor law, 224-b labor law
S8452A: 21 labor law, 224-b labor law