Lawmakers, advocates press for stronger wage‑theft enforcement as DOL seeks new lien powers

Roberta Reardon, New York State Commissioner of Labor, told the Joint Fiscal Committees the governor—s budget would expand the agency—s ability to collect unpaid wages by allowing liens and seizures after an unpaid wage theft judgment. "The governor's proposal to strengthen our enforcement capabilities will enhance our ongoing effort to crack down on bad actors," Commissioner Reardon said, adding the tools would help return money "directly back into the pockets of hardworking New Yorkers."

Advocates at the hearing said stronger tools are needed now. Jaren Benjamin of Popular Democracy in Action urged the Legislature to include the Empire Worker Protection Act in the budget, saying it would let unions and whistleblowers file public enforcement actions to augment the Department of Labor—s capacity and create a steady funding stream for enforcement. "The Empire Act would extend the reach of the Department of Labor and Attorney General by allowing affected workers and labor unions to file public enforcement actions for violations of the labor law," Benjamin said in testimony.

Why it matters: The Department of Labor reported recovering and dispersing more than $243 million since 2017, with nearly $34 million returned last year to more than 46,000 workers. But agency witnesses and outside advocates said that amount represents a fraction of total wage theft in the state and that enforcement staff and tools are insufficient to deter serial violators.

What was proposed: The governor—s budget would add explicit administrative authority for the Department of Labor to levy liens and seize assets to satisfy wage judgments. Supporters say that mirrors collection powers the Unemployment Insurance program already uses to recover debts. Advocates want the Empire Act in the budget so private parties can bring public enforcement actions when the state lacks the resources to pursue every case. The California analogue produced tens of millions of dollars annually in penalties that supported enforcement, supporters said.

Questions and limits: Committee members asked about staffing and whether liens and seizures require additional due‑process protections; Commissioner Reardon said details will depend on final bill language and pledged to work with legislators on safeguards. The DOL also noted limits of authority and the training required for investigators who do this work.

Context: Multiple committee members signaled support for stronger enforcement but also asked for specificity on timelines, administrative appeals, and safeguards for employers. Labor advocates emphasized that any new enforcement authority should be paired with resources to increase investigator staffing and multilingual outreach for affected workers.

Ending: The hearing left open the two tracks: the governor—s administrative enforcement proposal (liens/seizures) and the Empire Worker Protection Act, a statutory pathway pushed by advocates. Both options surfaced as possible complements: administrative stick for immediate collections and a statutory private enforcement vehicle to multiply enforcement capacity.