Bill Text: NY A04194 | 2011-2012 | General Assembly | Introduced


Bill Title: Enacts the "jury service non-retribution act"; provides an employee who is absent from employment to serve as a juror the right to bring a civil action against an employer who discharges or penalizes such employee; remedies include reinstatement and payment of lost compensation; provides for a one year period of limitations for such action.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-04-18 - enacting clause stricken [A04194 Detail]

Download: New_York-2011-A04194-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4194
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2011
                                      ___________
       Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the judiciary law, in relation  to  enacting  the  "jury
         service non-retribution act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  This act shall be known and may  be  cited  as  the  "jury
    2  service non-retribution act".
    3    S  2.    The  opening paragraph of section 519 of the judiciary law is
    4  designated subdivision 1 and a new subdivision 2 is  added  to  read  as
    5  follows:
    6    2.  IN  ADDITION  TO  THE  PENALTY PROVIDED IN SUBDIVISION ONE OF THIS
    7  SECTION, A PERSON MAY BRING A CIVIL  ACTION  IN  A  COURT  OF  COMPETENT
    8  JURISDICTION AGAINST ANY EMPLOYER OR PERSON ALLEGED TO HAVE VIOLATED THE
    9  PROVISIONS  OF  THIS  SECTION.  THE  COURT  SHALL  HAVE  JURISDICTION TO
   10  RESTRAIN VIOLATIONS OF THIS SECTION AND TO ORDER ALL APPROPRIATE RELIEF,
   11  INCLUDING REHIRING OR REINSTATEMENT OF THE EMPLOYEE TO HIS OR HER FORMER
   12  POSITION WITH RESTORATION OF FULL FRINGE BENEFITS AND SENIORITY  RIGHTS,
   13  PAYMENT OF LOST COMPENSATION, INCLUDING WAGES AND BENEFITS, DAMAGES, AND
   14  REASONABLE  ATTORNEYS'  FEES.  AN  ACTION UNDER THIS SUBDIVISION MUST BE
   15  COMMENCED WITHIN ONE YEAR.
   16    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04133-02-1
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