Vote Smart's Synopsis:

Vote to pass a bill that authorizes the Commissioner of Labor to issue stop-work orders against employers for employee misclassification in New York.

Highlights:

• Authorizes the Commissioner of Labor to issue a stop-work order if an employer has knowingly misclassified employees in New York (Sec. 1). 

• Requires the commissioner to notify an employer of their intention to issue a stop-work order and specifies that the notice shall be in writing and include the following information (Sec. 1):

• The employer’s right to a hearing;

• That the employer shall have 72 hours to address the violation before the stop-work order is issued; and

• The factual basis of the commissioner’s decision to issue a stop-work order.

• Specifies that the employer shall have 72 hours to come into compliance after receiving the written notice before the stop-work order is issued (Sec. 1). 

• Specifies that a stop-work order shall take effect when served to the employer or at the worksite (Sec. 1). 

• Specifies that a stop-work order shall remain in effect until the commissioner releases the order (Sec. 1). 

• Authorizes an employer to apply to the commissioner for a hearing at least 10 days after the stop-work order is issued (Sec. 1). 

• Specifies that failure to comply with a stop-work order will result in a penalty between $1,000 and $5,000 per day the employer is not in compliance (Sec. 1). 

• Requires that an employee affected by a stop-work order shall be paid their regular rate for the time the stop-work order is in place or the first 10 days they would be scheduled to work if the order had not been issued, whichever is less (Sec. 1). 

• Specifies that the provisions of this bill shall take effect on the 118th day after its passage (Sec. 2). 

Full Bill Text