New York Employment Law Update – July 2016

New York

Statewide Task Force on Employee Misclassification and Exploitation

On July 20, 2016, New York Governor Andrew M. Cuomo signed Executive Order No. 159 which establishes a permanent, statewide Joint Task Force on Employee Misclassification and Worker Exploitation. The task force includes 13 state agency partners.

The newly merged task force will bring together unemployment insurance investigators, wage investigators, and workers’ compensation investigators with the investigators and personnel of task force agencies to comprehensively scrutinize employers engaged in the underground economy. The new tools to augment enforcement outcomes for all exploited workers include:

  • Extended joint agency enforcement: Enforcement units throughout the state who currently investigate tips will be expanded to include more agencies covering more employers and more industries.
  • Greater agency enforcement resources: More agencies working together means more investigators and more capacity to protect vulnerable, low-wage workers.
  • Expanded referrals to district attorneys for criminal prosecution: The procedure of referring cases to county district attorneys who prosecute wage theft and unemployment insurance fraud will be expanded to include all exploited worker industries.
  • Expanded tip hotline: The existing hotline that receives tips from community groups of alleged misclassification will be expanded to include all exploited worker industries.

Read Executive Order No. 159
Read the Governor’s Press Release