Bill Text: NY A09175 | 2023-2024 | General Assembly | Introduced
Bill Title: Empowers the commissioner of labor to issue stop work orders against employers for misclassification of employees as independent contractors or for providing false, incomplete, or misleading information to an insurance company on the number of employees of such employer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-12 - referred to labor [A09175 Detail]
Download: New_York-2023-A09175-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9175 IN ASSEMBLY February 12, 2024 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Labor AN ACT to amend the labor law, in relation to issuing stop work orders for misclassification of employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new section 45 to read 2 as follows: 3 § 45. Misclassification of employees; stop work orders. 1. If the 4 commissioner determines, after an investigation pursuant to the 5 provisions of this chapter, that an employer has knowingly misclassified 6 employees as independent contractors or provided false, incomplete, or 7 misleading information to an insurance company on the number of employ- 8 ees of such employer, the commissioner shall issue, not later than 9 seventy-two hours after making such determination, a stop work order 10 against the employer requiring the cessation of all business operations 11 of such employer. Such stop work order shall be issued only against the 12 employer found to be in violation and only against the specific place of 13 business or employment for which the violation exists. Such order shall 14 be effective when served upon the employer or at the place of business 15 or employment. A stop work order may be served at a place of business or 16 employment by posting a copy of the stop work order in a conspicuous 17 location at the place of business or employment. Such order shall remain 18 in effect until the commissioner issues an order releasing the stop work 19 order upon a finding by the commissioner that the employer has come into 20 compliance, or after a hearing held pursuant to subdivision two of this 21 section. 22 2. Any employer against which a stop work order is issued pursuant to 23 subdivision one of this section may request a hearing before the depart- 24 ment. Such request shall be made in writing to the commissioner not more 25 than ten days after the issuance of such order. Such hearing shall be 26 conducted in accordance with the provisions of this chapter. 27 3. Stop work orders and any additional penalties imposed under this 28 chapter against a corporation, partnership or sole proprietorship shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13916-01-3A. 9175 2 1 be effective against any successor entity that has one or more of the 2 same principals or officers as the corporation, partnership or sole 3 proprietorship against which the stop work order was issued and are 4 engaged in the same or equivalent trade or activity. 5 4. The commissioner shall promulgate any rules and regulations neces- 6 sary to carry out the provisions of this section. 7 § 2. This act shall take effect on the one hundred eightieth day after 8 it shall have become a law.
