New York A 6664: Relates to issuing stop-work orders for misclassification of employees

Bill Text

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A06664 Summary:

BILL NOA06664 

&nbsp

SAME ASSAME AS S01514

&nbsp

SPONSORBronson

&nbsp

COSPNSRSayegh, Shimsky, Meeks, Jacobson, Gandolfo

&nbsp

MLTSPNSR

&nbsp

Add §45, Lab L

&nbsp

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.

Go to top A06664 Actions:

BILL NOA06664 

&nbsp

03/07/2025referred to labor

01/07/2026referred to labor

Go to topA06664 Committee&nbspVotes:

Go to topA06664 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06664 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6664

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 7, 2025
 ___________

 Introduced by M. of A. BRONSON, SAYEGH, SHIMSKY, MEEKS, JACOBSON,
 GANDOLFO -- read once and referred to the Committee 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 notify such employer in
 9 writing of their intention to issue a stop-work order. Such notice
 10 shall:
 11 a. be served in a manner consistent with section three hundred eight
 12 of the civil practice law and rules;
 13 b. notify such employer of their right to a hearing;
 14 c. notify such employer that they shall have seventy-two hours to
 15 address the violation or violations before the stop-work order will be
 16 issued; and
 17 d. state the factual basis upon which the commissioner has based their
 18 decision to issue a stop-work order and how such employer shall come
 19 into compliance.
 20 2. a. After receipt of such notice, the employer shall have seventy-
 21 two hours to come into compliance and to notify the commissioner of such
 22 compliance. Within seventy-two hours after the employer's opportunity to
 23 come into compliance, if the employer has not come into compliance, the
 24 commissioner shall issue a stop-work order requiring the cessation of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04513-01-5

 A. 6664 2

 1 all business operations of the employer at every site at which the
 2 violation occurs.
 3 b. A stop-work order shall take effect when served upon the employer
 4 or when served at the worksite.
 5 c. A stop-work order shall remain in effect until the commissioner
 6 issues an order releasing the stop-work order upon finding that the
 7 employer has come into compliance and has paid any penalty assessed.
 8 3. An employer who is subject to a stop-work order shall have the
 9 right to apply to the commissioner, not more than ten days after the
 10 order is issued, for a hearing to contest whether the employer committed
 11 the violation on which the order was based.
 12 4. Failure or refusal to comply with a stop-work order issued by the
 13 commissioner shall, in addition to any other penalties authorized by
 14 law, result in the assessment of a penalty of not less than one thousand
 15 dollars and not more than five thousand dollars for each day the employ-
 16 er is found not to be in compliance.
 17 5. An employee affected by a stop-work order pursuant to this section
 18 shall be paid their regular rate for the period the stop-work order is
 19 in place or the first ten days the employee would have been scheduled to
 20 work if the stop-work order had not been issued, whichever is less, by
 21 the employer that was served the stop-work order.
 22 6. Stop-work orders and any additional penalties imposed under this
 23 chapter against a corporation, p