Download Executive Order No. 20
CRACKING DOWN ON WORKER ABUSE AND ESTABLISHING THE MAYOR’S OFFICE OF WORKER POWER
WHEREAS, the working people of New York City who build, clean, move, care for, and define our city should enjoy the promise of a just day’s pay for a hard day’s work and job security, but too many are forced to cobble together unstable, precarious work to survive, without job stability, adequate work hours, or predictable incomes; and
WHEREAS, the working people of New York City should receive the highest protections to which they are entitled, but too many endure wage theft and other violations of their basic rights on the job; and
WHEREAS, law-abiding employers should not have to compete against those who cut corners by cheating their workers and violating worker protection laws; and
WHEREAS, all City agencies should have ready access to information about worker protection violations uncovered by other agencies, and government cooperation promotes efficiency, builds public trust, and deters non-compliance; and
WHEREAS, the Deputy Mayor for Economic Justice is responsible for embedding economic justice across agencies, protecting immigrant communities, and unlocking the economic potential of the City’s workforce while ensuring their protection and the protection of consumers; and
WHEREAS, to fulfill these responsibilities, the Deputy Mayor for Economic Justice supervises and coordinates the Department of Small Business Services, the Department of Consumer and Worker Protection, the Taxi and Limousine Commission, the Commission on Human Rights, the Economic Development Corporation, the Office of Immigrant Affairs, and the Office of Equity and Racial Justice, among other agencies;
NOW, THEREFORE, by the power vested in me as Mayor of the City of New York, it is hereby ordered:
Section 1. Cracking down on worker abuse. The Deputy Mayor for Economic Justice shall establish enforcement principles for agencies responsible for enforcing the City’s worker protection laws. Such principles shall include the prioritization of monitoring, investigating, and taking enforcement action against companies that deny workers workplace protections. Where warranted, such worker protection investigations and enforcement actions shall include all workers affected by an identified unlawful practice and shall be directed towards addressing all violations found to exist companywide. Such agencies shall, to the extent permitted by law, seek monetary relief for all workers who experience violations without regard to whether any such worker filed an individual complaint, and take all appropriate actions to enforce subpoenas issued in relation to enforcement actions.
§ 2. Proactive investigations to identify and stop violations. The Department of Consumer and Worker Protection (“DCWP”), the Taxi and Limousine Commission (“TLC”), and the Commission on Human Rights (“CCHR”), in coordination with the Deputy Mayor for Economic Justice, shall develop directed investigation procedures for investigating workplace violations and other predatory practices when no complaint has been filed. Such procedures shall prioritize the investigation of employers and entities with a history of labor violations or other indicators of poor compliance with labor standards, with a particular focus on such employers that have large numbers of workers with low wages, and such procedures shall utilize all investigative tools available, including subpoenas, directives, and summonses.
§ 3. Protecting immigrant workers from illegal tactics. All agencies with authority to enforce laws protecting workers’ rights shall make every effort to ensure that workers seeking to learn about their rights or to report violations of worker protection laws are not discriminated against, harassed, retaliated against, or targeted based on immigration status, race, ethnicity, nationality, or on the basis of any other protected category. Agencies shall enforce anti-retaliation measures and keep the identity of a complainant confidential wherever possible under applicable law, to the extent practicable and consistent with effective investigation of complaints.
§ 4. Agency coordination & information sharing. The Deputy Mayor for Economic Justice shall oversee a Citywide initiative to maximize collaboration among enforcement agencies to ensure maximum impact in protecting workers’ rights, including using all powers available from each agency to ensure violations are corrected and wages and penalties are paid. DCWP, CCHR, TLC, and other agencies identified by the Deputy Mayor for Economic Justice shall share information about violations of federal, state, and local worker protections to assist in fulfilling the goals of this Order consistent with the powers and duties delegated to them by applicable law.
§ 5. Establishment of the Mayor’s Office of Worker Power. There is hereby established within the Office of the Mayor a Mayor’s Office of Worker Power, which shall be supervised and coordinated by the Deputy Mayor for Economic Justice. This office shall support the legal rights of workers to organize, ensure opportunities for worker input in the development of City policies related to their rights, and evaluate ways the City can better advance workers’ ability to exercise their rights, report violations, and assist the City in complying with this Order and other responsibilities. The Office shall be led by an Executive Director appointed by and who shall serve at the pleasure of the Mayor.
§ 6. Rule of construction. The principles, procedures, and practices established pursuant to this Order shall be construed to apply to City agencies with enforcement powers to the fullest extent consistent with the powers and duties delegated to them by applicable law. The Deputy Mayor for Economic Justice shall take all steps necessary, consistent with applicable law, to facilitate and promote participation by commissions and non-mayoral City agencies in the initiatives set forth in this Order.
§ 7. This Order shall take effect immediately.
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Zohran Kwame Mamdani
Mayor