STATE OF NEW YORK ________________________________________________________________________ 541--A 2023-2024 Regular Sessions IN SENATE January 4, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, CLEARE, GIANARIS, JACKSON, KENNEDY, KRUEGER, MAYER, MYRIE, RAMOS, SALAZAR, SANDERS, SERRANO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to enacting the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Empowering People in Rights Enforcement (EMPIRE) Worker Protection 3 Act". 4 § 2. Legislative findings. 1. The legislature finds and declares that 5 violations of the labor law are often systemic, affecting many workers. 6 2. The legislature further finds and declares that despite the labor 7 law's strong protections for workers, limits on the availability of 8 public enforcement resources have deleterious effects on the marketplace 9 by allowing abuses targeting workers to persist unprosecuted. To ensure 10 the robust enforcement of the labor law, while minimizing the outlay of 11 scarce state funds, this act allows private individuals, labor organiza- 12 tions, and labor organizations deputized by the state to bring public 13 enforcement actions in certain contexts in which the state does not have 14 the means to fully enforce labor law protections. 15 3. The legislature further finds and declares that the purpose of the 16 EMPIRE Worker Protection Act is to create a means of empowering citizens 17 as private attorneys general to enforce the New York labor law. 18 4. The legislature further finds and declares that the purpose of the 19 EMPIRE Worker Protection Act is to incentivize private parties to 20 recover civil penalties for the government that otherwise may not have 21 been assessed and collected by overburdened state enforcement agencies. 22 When the New York labor law is effectively enforced, it protects the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02068-04-3
S. 541--A 2 1 interests of all New Yorkers and the state of New York. Such public 2 enforcement actions are an efficient mechanism to limit systemic 3 violations, will enforce the rights of more workers, and can benefit the 4 department of labor with enhanced resources. 5 5. The legislature further finds and declares that the purpose of the 6 EMPIRE Worker Protection Act is to benefit those employers who are oper- 7 ating within the labor law, and who, as a result, face unfair competi- 8 tion from individuals and entities shirking the labor law. 9 6. The legislature further finds and declares that the purpose of the 10 EMPIRE Worker Protection Act is to deter employers from stealing wages 11 or committing other violations of the New York labor law and raise the 12 cost of noncompliance with the New York labor law. 13 7. The legislature further finds and declares that the purpose of the 14 EMPIRE Worker Protection Act is to incentivize labor organizations to 15 aid working people to report violations of the New York labor law. 16 8. The legislature further finds and declares that the purpose of the 17 EMPIRE Worker Protection Act is to facilitate whistleblowers suffering 18 from violations of the New York labor law to report abuses without fear 19 of retaliation and intimidation. 20 9. The legislature further finds and declares that the EMPIRE Worker 21 Protection Act is part of a history both in New York state and in the 22 United States of laws enabling private citizens to aid in public 23 enforcement. In similar qui tam legislation enabling private citizens to 24 aid in public enforcement, the resulting action is a public enforcement 25 action. 26 § 3. The labor law is amended by adding a new article 35 to read as 27 follows: 28 ARTICLE 35 29 EMPOWERING PEOPLE IN RIGHTS ENFORCEMENT (EMPIRE) WORKER PROTECTION ACT 30 Section 1020. Definitions. 31 1021. Public enforcement action. 32 1022. Procedure. 33 1023. Non-application. 34 § 1020. Definitions. Whenever used in this article: 35 1. "affected employee" means any employee as defined by section two of 36 this chapter who was employed by the alleged violator employer and 37 against whom one of the alleged violations was committed, or was alleged 38 to have been committed, as well as any person who is not classified by a 39 business as an employee but who claims to be an employee and whose 40 claims against the purported employer relate to this alleged misclassi- 41 fication, whether or not that person has received full or partial relief 42 from harm. 43 2. "relator" means an affected employee, a whistleblower, a represen- 44 tative organization, or an organizational deputy that acts as a plain- 45 tiff in a public enforcement action under this chapter. 46 3. "whistleblower" means any current or former employee, contractor, 47 subcontractor, or employee of a contractor or subcontractor of the 48 defendant with knowledge of the alleged violations that is independent 49 of and materially adds to any publicly disclosed information about the 50 alleged violations. Whistleblowers are not also "affected employees" if 51 they do not seek civil penalties for violations that personally affected 52 them in a public enforcement action under this chapter. 53 4. "employer" means any employer as defined by section two of this 54 chapter. The term "employer" shall not include a governmental agency. 55 5. "representative organization" means a labor organization as defined 56 by subsection (g) of section four thousand four hundred two of the
S. 541--A 3 1 insurance law and which has been selected by an affected employee or 2 whistleblower to initiate a public enforcement action on the affected 3 employee's or whistleblower's behalf, in written notice in such a manner 4 as the commissioner may prescribe by regulation. Where a representative 5 organization is designated as the relator, the affected employee or 6 whistleblower may elect to have their name and personal identifying 7 information be kept confidential until the relator, in its sole 8 discretion, deems sharing such information is necessary to establish, 9 litigate, mediate, settle, or otherwise pursue the claim. 10 6. "public enforcement action" means an action brought under this 11 article intended to enforce this chapter's protections enforceable by 12 the commissioner. Nothing in this article shall be interpreted to 13 permit a public enforcement action against a governmental agency. 14 7. "commissioner" shall, for the purposes of this article, include the 15 commissioner, and any division, board, commission, or part of the 16 department authorized to impose or seek penalties or other remedies for 17 violations of this chapter. 18 8. "violation" means an employer's noncompliance with any of the 19 requirements of the following articles of this chapter and with regu- 20 lations and wage orders promulgated by the commissioner in implementing 21 such articles: 22 a. article six except sections one hundred ninety, one hundred nine- 23 ty-one-a, one hundred ninety-six, one hundred ninety-six-a, one hundred 24 ninety-eight-a, one hundred ninety-nine, and one hundred ninety-nine-a; 25 b. article nineteen except sections six hundred fifty, six hundred 26 fifty-one, six hundred fifty-three through six hundred sixty, six 27 hundred sixty-two, and six hundred sixty-five; 28 c. sections one hundred sixty, one hundred sixty-one, one hundred 29 sixty-two, one hundred sixty-three-a, one hundred sixty-seven, and one 30 hundred seventy of article five; 31 d. article nineteen-A except sections six hundred seventy through six 32 hundred seventy-two, six hundred seventy-four through six hundred seven- 33 ty-eight, six hundred eighty, and six hundred eighty-three; 34 e. article nineteen-B except sections six hundred ninety, six hundred 35 ninety-three, and six hundred ninety-four; 36 f. article nine except sections two hundred thirty, two hundred thir- 37 ty-four through two hundred thirty-six, and two hundred thirty-eight; 38 g. article twenty-five-A except sections eight hundred sixty, eight 39 hundred sixty-a, eight hundred sixty-c through eight hundred sixty-f, 40 and eight hundred sixty-i; 41 h. article twenty-five-B except sections eight hundred sixty-one 42 through eight hundred sixty-one-b; 43 i. article twenty-five-C except sections eight hundred sixty-two and 44 eight hundred sixty-two-a; 45 j. article eight except sections two hundred twenty-e through two 46 hundred twenty-four, two hundred twenty-four-b, and two hundred twenty- 47 four-c; 48 k. article twenty-C; 49 l. sections two hundred, two hundred one-g, two hundred six-c, two 50 hundred fifteen, and two hundred eighteen-b of article seven; and 51 m. section twenty-seven-d of article two. 52 9. "organizational deputy" means a labor organization as defined by 53 subsection (g) of section four thousand four hundred two of the 54 insurance law that has been appointed by the commissioner or the attor- 55 ney general to represent the state as the relator in the public enforce- 56 ment action. The commissioner or the attorney general shall have
S. 541--A 4 1 complete discretion to determine what labor organizations may serve as 2 their organizational deputy in a public enforcement action. 3 § 1021. Public enforcement action. 1. A relator may initiate a public 4 enforcement action to collect civil penalties on behalf of the commis- 5 sioner for a violation impacting affected employees pursuant to the 6 procedures specified in section one thousand twenty-two of this article. 7 A relator may allege multiple violations that have affected different 8 employees and may seek injunctive and declaratory relief that the state 9 would be entitled to seek. 10 2. a. For purposes of this section, whenever the commissioner has 11 discretion to assess a civil penalty, a court is authorized to exercise 12 the same discretion to assess a civil penalty. To the extent that the 13 commissioner is authorized to determine that an employer has violated a 14 provision of this chapter or regulation promulgated thereunder, in a 15 public enforcement action, a court shall be authorized to determine that 16 an employer has committed such a violation. 17 b. For any violation defined in this article, except those for which a 18 civil penalty is specifically provided, there is established a civil 19 penalty of five hundred dollars for each affected employee per pay peri- 20 od per violation. A court may not award a lesser amount, unless, based 21 on the facts and circumstances of the particular case, the employer 22 demonstrates that to do otherwise would result in an award that is 23 unjust, arbitrary and oppressive, or confiscatory. 24 c. In any civil action commenced pursuant to this article, the court 25 shall allow a prevailing relator to recover all reasonable attorneys' 26 fees, expert fees and other costs. The court may also allow a prevail- 27 ing relator to recover all reasonable ancillary costs associated with 28 serving as a relator. For the purposes of this article, the term 29 "prevailing" includes a relator whose commencement of litigation has 30 acted as a catalyst to effect policy change on the part of the defend- 31 ant, regardless of whether that change has been implemented voluntarily, 32 as a result of a settlement or as a result of a judgment in such 33 relator's favor. 34 d. Nothing in this section shall operate to limit an affected employ- 35 ee's right to pursue or recover other remedies available under state or 36 federal law, either separately or concurrently with an action taken 37 under this section. 38 e. Nothing in this section shall operate to limit the commissioner's 39 or the attorney general's right to seek restitution and damages, where 40 available, for affected employees in conjunction with a public enforce- 41 ment action in which it has intervened. 42 3. a. Civil penalties recovered in public enforcement actions shall 43 be distributed as follows: where the commissioner or the attorney 44 general has not intervened, or where the commissioner or the attorney 45 general has appointed an organizational deputy to proceed as the rela- 46 tor, forty percent to the relator; and sixty percent to the commissioner 47 for enforcement of this chapter and education of employers and employees 48 about their rights and responsibilities under this chapter, to be 49 continuously appropriated to supplement and not supplant the funding to 50 the agency for those purposes; where the commissioner or the attorney 51 general has intervened, thirty percent to the relator; and seventy 52 percent to the commissioner for enforcement of this chapter and educa- 53 tion of employers and employees about their rights and responsibilities 54 under this chapter, to be continuously appropriated to supplement and 55 not supplant the funding to the agency for those purposes.
S. 541--A 5 1 b. The relator shall equitably distribute the share of penalties due 2 the relator among affected employees. If the relator is an affected 3 employee or whistleblower, they shall also be entitled to recover a 4 service award from the penalties recovered, if they prevail in achieving 5 relief, in whole or in part, for violations that affected other employ- 6 ees. The service award shall be not less than five thousand dollars and 7 not more than twenty thousand dollars, unless the amount recovered as 8 civil penalties is less than twenty thousand dollars. The court shall 9 determine the service award by taking due consideration of the burdens 10 and risks assumed by the relator in prosecuting the action. If the rela- 11 tor is a representative organization or an organizational deputy 12 appointed by the commissioner or the attorney general, it shall distrib- 13 ute all recovered penalties to affected employees but may recover 14 reasonable attorneys' fees and costs incurred in prosecuting the action 15 and ancillary costs associated with serving as a relator. The relator 16 shall submit a distribution summary to the commissioner and the attorney 17 general. 18 4. The right to bring a public enforcement action under this article 19 shall not be subject to private agreements between an affected employee 20 and an employer or alleged employer, unless such agreements are collec- 21 tively bargained and the bargaining agreement provides a forum for the 22 enforcement of rights and remedies otherwise enforceable under this 23 article. The right to represent the state with respect to violations 24 affecting other workers shall not be waivable by private agreement, 25 unless such agreements are collectively bargained and the bargaining 26 agreement provides a forum for the enforcement of rights and remedies 27 otherwise enforceable under this article, including an award of penal- 28 ties authorized by this article. 29 5. Notwithstanding any other provision of law, a public enforcement 30 action to recover upon a penalty imposed by this article must be 31 commenced within six years. The statute of limitations for bringing a 32 public enforcement action under this article shall be tolled from the 33 date a relator files a notice pursuant to section one thousand twenty- 34 two of this article with the commissioner and the attorney general, or 35 the commissioner or the attorney general commences an investigation, 36 whichever is earlier. 37 6. The commissioner shall establish a database of public enforcement 38 notices submitted pursuant to this article, including the parties, the 39 disposition and any other information which the commissioner shall by 40 regulation prescribe and shall make such database available to the 41 public online. The commissioner shall also publish an annual report of 42 total penalties recovered under this chapter. 43 7. a. No employer or his or her agent, employee, contractor, subcon- 44 tractor or the officer or agent of any corporation, partnership, or 45 limited liability company, or any other person shall discharge, demote, 46 suspend, threaten, harass, or in any other manner discriminate against 47 any person because of any lawful act done because: 48 (i) the relator or potential relator brought or is perceived to have 49 brought a public enforcement action; 50 (ii) the relator or potential relator has provided information, caused 51 information to be provided, or otherwise assisted in a public enforce- 52 ment action or provided information, or caused information to be 53 provided to a person with supervisory authority over the relator or 54 potential relator regarding conduct that the relator or potential rela- 55 tor reasonably believes constitutes a violation of this section; or
S. 541--A 6 1 (iii) the person believes that the relator or potential relator may 2 bring a public enforcement action or cooperate with one. 3 b. Any person affected by a violation of this subdivision, or any 4 affected employee, whistleblower, representative organization, organiza- 5 tional deputy, or the commissioner, or the attorney general may bring a 6 public enforcement action for all appropriate relief, including enjoin- 7 ing the conduct of any person or employer; ordering payment of civil 8 penalties as provided by section two hundred fifteen of this chapter, 9 costs and reasonable attorneys' fees to the employee by the person or 10 entity in violation; and, where the person or entity in violation is an 11 employer, ordering rehiring or reinstatement of the employee to his or 12 her former position with restoration of seniority. Any person affected 13 by a violation of this subdivision may also bring a civil action in a 14 court of competent jurisdiction against any employer or persons alleged 15 to have violated the provisions of this subdivision pursuant to subdivi- 16 sion two of section two hundred fifteen of this chapter. 17 c. There shall be a rebuttable presumption that any adverse actions 18 taken against a relator within one hundred eighty days after the relator 19 has filed an action under this chapter is retaliatory. Nothing in this 20 subdivision shall be interpreted to prohibit an inference of retaliatory 21 motive after one hundred eighty days after the relator has filed an 22 action under this chapter. 23 § 1022. Procedure. 1. No public enforcement action by a relator pursu- 24 ant to section one thousand twenty-one of this article may be commenced: 25 a. prior to sixty days after written notice has been given by the 26 relator to the commissioner and to the attorney general. The relator 27 shall submit a filing fee of seventy-five dollars to the commissioner, 28 and the time periods in this section shall begin when notice and filing 29 fee have been submitted. The fees required by this paragraph are subject 30 to waiver in accordance with rules promulgated by the commissioner. The 31 written notice shall be given in such a manner as the commissioner may 32 prescribe by regulation, shall be construed in a light favorable to the 33 relator, and shall include: 34 (i) the name, address and contact information of the employer. 35 (ii) the name, address, and contact information of the affected 36 employee or whistleblower. 37 (iii) if the action is brought by a representative organization, the 38 name, address and contact information of the representative organiza- 39 tion, its qualification as a representative organization as defined in 40 this chapter, and the form on which the whistleblower or affected 41 employee has designated the representative organization. 42 (iv) if the action is brought by an affected employee or whistleblow- 43 er, the name, address, and contact information of any labor organization 44 that has assisted with the filing of the written notice, and who would 45 be available to serve as an organizational deputy should they be so 46 appointed by the commissioner or the attorney general. 47 (v) the name, address and contact information of the relator's legal 48 counsel, should one exist. 49 (vi) a statement of the underlying claim. 50 (vii) if the relator is a "whistleblower", the relator's knowledge of 51 the alleged violations that is independent of and materially adds to 52 publicly disclosed information. 53 (viii) after searching the database established pursuant to subdivi- 54 sion six of section one thousand twenty-one of this article for notices 55 alleging the same facts and legal theories, a summary of such notices or 56 statement that no such notices exist, provided that a notice filed by a
S. 541--A 7 1 pro se litigant may not be rejected for failure to conduct such a 2 search. 3 b. if the commissioner or the attorney general, at any time prior to 4 the end of the sixty-day notice period prescribed in paragraph a of this 5 subdivision or prior to commencement of such action, whichever is later, 6 and upon written notice to the relator who provided the notice 7 prescribed in paragraph a of this subdivision, has commenced and is 8 actively prosecuting an administrative enforcement proceeding pursuant 9 to this chapter relative to the alleged violation. 10 c. if the commissioner or the attorney general, on the same facts and 11 theories, cites a person within the timeframes set forth in this section 12 for a violation of the same section or sections of this chapter under 13 which the relator is attempting to recover a civil penalty or remedy on 14 behalf of himself or herself or others. 15 d. if the violation is of a posting or agency reporting requirement or 16 agency filing requirement, except where the filing or reporting require- 17 ment involves mandatory payroll or injury reporting. 18 e. if the violation is for minor variations in the legal name or 19 address of the employer in a wage statement or wage notice required 20 under article six of this chapter, provided that the variations do not 21 impair a worker's ability to promptly and easily identify the employer. 22 2. The commissioner or the attorney general may, after receiving the 23 notice, appoint an organizational deputy for the commissioner or the 24 attorney general (based on who makes the appointment) to serve as the 25 relator, instead of the person who filed the notice. That organizational 26 deputy may then proceed with the public enforcement action on behalf of 27 the state. If the commissioner or the attorney general has appointed an 28 organizational deputy as the relator, that organizational deputy shall 29 serve as the relator in accordance with all the other procedures 30 outlined in this article. The decision to appoint an organizational 31 deputy shall not be construed as the commissioner's or the attorney 32 general's direct intervening in the public enforcement action. 33 3. The commissioner or the attorney general may intervene in the 34 public enforcement action and proceed with any and all claims in the 35 action: 36 a. as of right within the sixty-day notice period prescribed in para- 37 graph a of subdivision one of this section; 38 b. for good cause, as determined by the court, after the expiration of 39 the sixty-day notice period prescribed in paragraph a of subdivision one 40 of this section; or 41 c. if a previous relator becomes unavailable to continue the public 42 enforcement action, by appointing an organizational deputy for the 43 commissioner or the attorney general (based on who makes the appoint- 44 ment) to proceed with the public enforcement action on behalf of the 45 state. If the commissioner or the attorney general has so appointed an 46 organizational deputy, the organizational deputy shall serve as the 47 relator in accordance with all the other procedures outlined in this 48 article. The decision to appoint an organizational deputy shall not be 49 construed as the commissioner or the attorney general directly interven- 50 ing in the public enforcement action. 51 4. If the commissioner or the attorney general intervenes in an 52 action, he or she may take primary responsibility for litigating the 53 action and shall not be bound by an act of the relator bringing the 54 action. In such cases, the relator shall remain a party to the action. 55 The commissioner or the attorney general may also intervene in the 56 action for the limited purpose of filing a statement of interest or
S. 541--A 8 1 otherwise advancing the state's view about legal issues at stake in the 2 action. If the commissioner or the attorney general has intervened for 3 the purpose of taking primary responsibility for litigating the action, 4 the commissioner or attorney general may dismiss or settle the action 5 after the relator has been notified of the filing of the motion and has 6 been provided with an opportunity to be heard, and the court determines 7 that such dismissal or settlement is fair, adequate, reasonable, and in 8 the public interest. 9 5. Either the commissioner, the attorney general, or a federal or 10 state court of competent jurisdiction shall review and approve any 11 settlement of any civil action filed pursuant to this article or of any 12 claim for which a relator has provided notice pursuant to this section. 13 The commissioner, the attorney general, or the court shall approve the 14 settlement if it is fair, reasonable and adequate, in light of the stat- 15 utory purpose of the provision of this chapter alleged to have been 16 violated and the purpose of this article. 17 6. a. The relator shall, within ten days following commencement of a 18 civil action pursuant to this article, provide the commissioner and the 19 attorney general with a file-stamped copy of the complaint that includes 20 the case number assigned by the court. 21 b. If the commissioner or the attorney general so requests, he or she 22 shall be served with copies of pleadings filed in the action and shall 23 be supplied with copies of all deposition transcripts. The commissioner 24 or the attorney general shall bear any costs associated with service of 25 such pleadings and depositions if there are such costs. 26 c. A copy of the court's judgment in any civil action filed pursuant 27 to this article and any other order in that action that either provides 28 for or denies an award of civil penalties under this article shall be 29 submitted to the commissioner and the attorney general within ten days 30 after entry of the judgment or order. 31 d. Items required to be submitted to the commissioner under this 32 subdivision shall be transmitted in such a manner as the commissioner 33 shall prescribe for the filing of notices under paragraph a of subdivi- 34 sion one of this section. 35 7. Such regulations prescribed pursuant to paragraph a of subdivision 36 one of this section shall provide for the right of the relator to 37 furnish an amended notice, after the notice by the commissioner to the 38 relator that the original notice was not in compliance with this section 39 or the regulations issued thereunder and specifying with particularity 40 what the deficiencies were in the original notice. Such notice and 41 opportunity to amend shall be provided by the commissioner within sixty 42 days of the original notice or the original notice shall be deemed in 43 compliance with this section. The relator shall have thirty days from 44 receiving notice from the commissioner that their original notice was 45 not in compliance with this section to amend the notice. 46 8. A public enforcement action shall be tried promptly, without regard 47 to concurrent adjudication of private claims, including without regard 48 to concurrent adjudication of claims for violations personally affecting 49 the relator. 50 9. No public enforcement action brought pursuant to this article shall 51 be required to meet the requirements of Rule 23(a) of the Federal Rules 52 of Civil Procedure or article nine of the civil practice law and rules. 53 10. The rules governing pretrial discovery in a public enforcement 54 action brought pursuant to this article shall be the same as those 55 applicable to other civil actions. No special showing of merit or other
S. 541--A 9 1 additional requirement shall be imposed on a relator's discovery rights 2 in such an action. 3 11. A relator bringing an action pursuant to this article shall be 4 entitled to discovery regarding the alleged violations as to all 5 affected employees as defined in this article. 6 12. When related public enforcement actions are pending, the parties 7 shall immediately notify the courts overseeing such actions of the over- 8 lap and submit a joint statement describing the overlap, which may 9 propose a process to ensure the just, speedy, and efficient determi- 10 nation of the actions. The court may appoint lead enforcement counsel 11 with sole responsibility for asserting the related claims, with consid- 12 eration of the following factors: 13 a. the work that counsel has done in investigating the claims; 14 b. counsel's experience litigating labor law and past performance in 15 similar cases; 16 c. counsel's diligence in advancing the case; 17 d. the resources that counsel has committed and will commit to prose- 18 cuting the case, and the relative resources at counsel's disposal; and 19 e. the length of time each action has been pending. 20 § 1023. Non-application. 1. This article shall not apply to the recov- 21 ery of administrative and civil penalties in connection with the unem- 22 ployment insurance law as contained in article eighteen of this chapter. 23 2. This article shall not apply to the recovery of administrative and 24 civil penalties in connection with the New York state labor relations 25 act as contained in article twenty of this chapter. 26 3. Severability. If any word, phrase, clause, sentence, paragraph, 27 subdivision, section or part of this article or the application thereof 28 to any person or circumstances shall be adjudged invalid by a court of 29 competent jurisdiction, such order or judgment shall be confined in its 30 operation to the controversy in which it was rendered, and shall not 31 affect or invalidate the remainder of this article, but shall be 32 confined in its operation to the word, phrase, clause, sentence, para- 33 graph, subdivision, section or part thereof directly involved in the 34 controversy in which such judgment shall have been rendered. 35 4. This article shall be construed in light of its remedial purposes 36 to expand the enforcement of this chapter. 37 § 4. This act shall take effect immediately, and shall permit relators 38 to bring actions concerning New York Labor Law violations that occurred 39 within the six years prior to this act's effective date, unless the 40 Labor Law provides a shorter statute of limitations with respect to the 41 specific violation in question, in which case that shorter statute of 42 limitations shall apply.