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        <title><![CDATA[Legislative Update - The Marlborough Law Firm, P.C.]]></title>
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                <title><![CDATA[New York’s Remedial Construction of the Labor Law Act Passes With Strong Bipartisan Support]]></title>
                <link>https://www.fightwagetheft.com/blog/new-yorks-remedial-construction-of-the-labor-law-act-passes-with-strong-bipartisan-support/</link>
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                <dc:creator><![CDATA[The Marlborough Law Firm]]></dc:creator>
                <pubDate>Sat, 25 Jul 2026 03:42:57 GMT</pubDate>
                
                    <category><![CDATA[Legislative Update]]></category>
                
                
                
                
                <description><![CDATA[<p>A bill that could strengthen how New York courts interpret the state’s core worker-protection statute passed both houses of the legislature with overwhelming, bipartisan support this session, and now moves toward the Governor’s desk for consideration. What “remedial construction” means, in plain terms: When a law is “remedial,” it exists to fix or prevent a&hellip;</p>
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<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="851" height="315" src="/static/2026/07/FWT-REMEDIAL-cONSTRUCTION-1.png" alt="Senator Jessica Ramos and Assemblymember Harry Bronson, sponsors of the Remedial Construction of NY Labor Law Act" class="wp-image-1003" srcset="/static/2026/07/FWT-REMEDIAL-cONSTRUCTION-1.png 851w, /static/2026/07/FWT-REMEDIAL-cONSTRUCTION-1-300x111.png 300w, /static/2026/07/FWT-REMEDIAL-cONSTRUCTION-1-768x284.png 768w" sizes="auto, (max-width: 851px) 100vw, 851px" /><figcaption class="wp-element-caption">Bill sponsors Senator Jessica Ramos and Assemblymember Harry Bronson, both Labor Committee chairs in their respective chambers. The bill passed 53-7 in the Senate and 129-12 in the Assembly.</figcaption></figure>



<p>A bill that could strengthen how New York courts interpret the state’s core worker-protection statute passed both houses of the legislature with overwhelming, bipartisan support this session, and now moves toward the Governor’s desk for consideration.</p>



<p><strong>What “remedial construction” means, in plain terms:</strong> When a law is “remedial,” it exists to fix or prevent a specific harm; here, wage theft and unfair labor practices. “Construction” is a legal term for how courts interpret a law’s language. So a “remedial construction” requirement tells judges: when there’s ambiguity in how a law should apply, interpret it in the way that best protects the workers it was designed to help, not in the way that most favors employers.</p>



<p><strong>What the bill does</strong></p>



<p>The Remedial Construction of New York Labor Law Act (<a href="https://www.nysenate.gov/legislation/bills/2025/S9330">S9330 Ramos</a> / <a href="https://www.nysenate.gov/legislation/bills/2025/A10365">A10365 Bronson</a>) adds a new provision to the Labor Law directing courts to interpret it “liberally” in favor of workers, regardless of how similarly worded federal laws, like the Fair Labor Standards Act (FLSA), have been interpreted.</p>



<p>That distinction matters more than it might sound. For decades, the New York Labor Law was treated as a remedial statute: one courts read broadly to accomplish its purpose of protecting workers, and read narrowly when it came to employer exemptions. The federal FLSA operated under the same principle until the U.S. Supreme Court broke from that approach in its 2018 decision in <em>Encino Motorcars, LLC v. Navarro</em>, rejecting decades of precedent requiring narrow construction of FLSA exemptions.</p>



<p>Because New York’s wage and hour statutes share substantial overlapping language with the FLSA, there’s long been a real risk that courts could import that more restrictive federal approach into New York cases, even though New York lawmakers never intended that shift. This bill closes that door directly. It makes clear that New York’s Labor Law stands on its own, regardless of which direction federal courts move.</p>



<p><strong>A second attempt, and a narrower bill</strong></p>



<p>This isn’t the first time the legislature has taken up this protection. A broader version of the bill (S7388) passed with wide majorities last year, but Governor Hochul raised concerns that its language was too sweeping. Lawmakers took that feedback seriously, returning this session with a more narrowly tailored version that directly addressed those concerns, focusing specifically on provisions with genuine remedial purpose rather than the broader construction standard in the original bill.</p>



<p>The revised approach clearly resonated: it passed by an overwhelming, bipartisan <strong>53-7</strong> vote in the Senate and <strong>129-12</strong> in the Assembly.</p>



<p><strong>Sponsored by both chambers’ Labor Committee chairs</strong></p>



<p>The bill’s sponsors are not incidental to its success. Senator Jessica Ramos and Assemblymember Harry Bronson each chair the Labor Committee in their respective chambers, giving this legislation the backing of the two lawmakers most directly responsible for shaping New York’s labor policy.</p>



<p><strong>Broad coalition support</strong></p>



<p>The bill also drew memos of support from a wide range of organizations, including NELA-NY, the National Employment Law Project (NELP), Catholic Migration Services, and Popular Democracy in Action. That’s support spanning labor advocacy, immigrant worker protection, and broader worker-rights organizations alike.</p>



<p><strong>A precedent that’s already worked</strong></p>



<p>This isn’t a new or untested legal approach. New York took the same step for its Human Rights Law back in <strong>2019</strong>, amending <a href="https://codes.findlaw.com/ny/executive-law/exc-sect-300/">Executive Law § 300</a> to direct courts to construe that law liberally in favor of protected workers, regardless of how federal civil rights laws had been interpreted. Courts have since applied that standard as intended, strengthening protections against workplace discrimination and harassment under state law. The Remedial Construction of the Labor Law Act extends that same, proven approach to New York’s wage and hour protections.</p>



<p><strong>Why it matters right now</strong></p>



<p>Supporters point to a wave of recent federal actions rolling back worker protections, including Department of Labor guidance narrowing enforcement of minimum wage and overtime protections for home care workers, and restrictions on liquidated damages in federal wage investigations. With federal policy shifting in a less worker-protective direction, this bill ensures New York’s own laws don’t get pulled along with it.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>“This bill passed with remarkable bipartisan support, a real testament to how much common ground exists on protecting New York’s workers. We’re grateful to Senator Ramos and Assemblymember Bronson for their leadership, and we’re hopeful Governor Hochul will have the chance to sign this important bill around Labor Day, a date that would beautifully reflect what this legislation is all about.”</p>



<p><em>Christopher Marlborough, Co-Chair of NELA-NY’s Legislative Advocacy Committee</em></p>
</blockquote>



<p><strong>What’s next</strong></p>



<p>The bill passed the Senate on June 1, 2026, and the Assembly on May 19, with wide bipartisan margins in both chambers. It will next be formally delivered to Governor Hochul for her signature.</p>



<p>With Labor Day approaching, NELA-NY and other advocates are hopeful the Governor will have the opportunity to sign this bill around that meaningful date, a fitting moment for legislation that reaffirms New York’s commitment to protecting its workers.</p>
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