ALBANY, N.Y. (NEXSTAR) — Labor unions and worker advocates rallied at the New York State Capitol on Wednesday, demanding lawmakers pass the Empire Worker Protection Act. The bill would create a new way for workers to sue employers who steal their wages or violate labor laws.

The Empire Act, S448A/A4278A would establish a $103 million annual fund for the state Department of Labor to hire more investigators and speed up wage theft cases. In addition to affected workers, it would also let whistleblowers, unions, advocates, or labor groups sue.

On behalf of the state, they could file “public enforcement actions” in court to collect civil penalties from employers who break wage and hour laws, workplace safety rules, or child labor protections. A civil penalty of $500 per affected worker per pay period per violation would apply if there’s no specific penalty already on the books.

Under current law, only state agencies can pursue these violations, but DOL doesn’t have enough staff to investigate every complaint, leaving many workers waiting years for a resolution. “The Empire Act will give them the ability to hire more investigators and enforce not just wage theft, but other laws like child labor laws that aren’t getting enforced because they don’t have the staffing to do it,” said the bill’s sponsor in the Assembly, Jo Anne Simon:

Fees or fines from penalties for breaking labor laws would be split between the plaintiffs and DOL for enforcement and education. If DOL or the attorney general’s office decides against intervening to take control of the case, the workers or union would keep 40%. But if the state does actively participate in the case, the DOL share would increase from 60% to 70%.

The bill would create a system that apes laws already in place in states like California. Workers or unions would have to notify DOL and the attorney general’s office 60 days before filing, who would then have the option to intervene, appoint a union representative to take over, or let the original filers proceed solo.

Winning plaintiffs could recover their attorney fees and court costs, too. Still, any settlements need approval from DOL, the AG, or a court. The legislation would give the court system the authority to determine violations and assess penalties, responsibilities currently limited to the DOL Commissioner. DOL would also have to maintain public records of all cases filed under the law and publish annual reports on penalties.

The bill would also create anti-retaliation protections under the legal presumption that any negative actions against a worker within 180 days of filing a lawsuit are retaliatory. Victims of retaliation could seek reinstatement, back pay, and civil penalties. Nor could employers make workers sign away their right to sue over such labor law disputes in a private, non-union employment contract, either.

The Empire Act would have a statute of limitations of six years, allowing lawsuits for labor law violations dating back that long. It would cover most of New York’s Labor Law, including wage and hour rules, workplace safety, discrimination protections, and family leave requirements.

“One of the most simple working conditions is: Get paid! We don’t mind coming to work. You’re going to make profit off my back,” said Stan Koniszewski from the local 294 Teamsters union. “We’ll go to work tomorrow, but we want to get paid next week! Our landlords don’t wait. Our children can’t wait for food. You’re cutting Medicaid and everything else. You want me to pay my doctor’s bill? Well, pay me the earnings that you owe me!”

Wednesday’s rally included representatives from Popular Democracy, New York Communities for Change, Caring Majority Rising, Amazon Labor Union, Make the Road New York, Worker Justice Center of New York, Teamsters locals 294 and 804, United Auto Workers, and other labor groups.

When wages aren’t paid, they aren’t spent, and they aren’t taxed. That shrinks the economy, reducing buying power for consumers and municipalities alike. According to the Economic Policy Institute, research shows that minimum wage violations increase poverty among workers experiencing wage theft by 40.6% in New York.

Wage theft also disproportionately affects those minimum wage workers, aggravating problems like homelessness or overdoses. It directly contributes to retail theft, too, because more communities in poverty correlate with more individuals willing to shoplift.

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