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Advocates urge inclusion of Empire Worker Protection Act in budget to fund labor enforcement
Summary
Advocacy groups told the committees the state should include a California-style enforcement mechanism (the "Empire Act") in the budget to allow private public-enforcement suits and create a funding stream for labor enforcement. Supporters said the measure could bring tens of millions annually to fund DOL staffing and enforcement work.
Popular Democracy in Action and the National Employment Lawyers Association urged lawmakers to include an "Empire Worker Protection Act" in the FY26 budget, a public-enforcement mechanism modeled on California law that would allow whistleblowers, unions and the state to bring public enforcement suits and create a revenue stream to fund labor enforcement.
What supporters said: Jaren Benjamin (Popular Democracy in Action) and Hugh Barron (National Employment Lawyers Association of NY) said Empire would not create new employer obligations; instead it would expand public enforcement of existing labor law and allow penalties recovered to fund DOL enforcement and worker remedies. They provided California27s experience as an example, saying similar revenues in California have averaged roughly $98 million per year for enforcement use.
Opposition and concerns raised in hearing: The hearing included administration testimony on enforcement needs but did not include a detailed response from business groups. Some legislators and witnesses asked for details on how plaintiff-driven public enforcement would interact with existing DOL and Attorney General authority and on safeguards such as avoiding meritless suits or duplicate prosecutions. Supporters said the bill has guardrails and would require notice to the state prior to a private action.
Next steps: Advocates urged immediate inclusion of Empire in the budget to create a dedicated revenue stream for enforcement hires and to expand the Department of Labor27s enforcement capacity; committees asked for bill text and fiscal modeling.
