Bill Text: NY A00718 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2012-02-02 - advanced to third reading cal.316 [A00718 Detail]
Download: New_York-2011-A00718-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
718
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. DINOWITZ, KAVANAGH -- Multi-Sponsored by -- M. of
A. GOTTFRIED, LIFTON, McENENY, PHEFFER -- read once and referred to
the Committee on Judiciary
AN ACT to amend the judiciary law and the labor law, in relation to
creating additional remedies for unlawful discharge, penalty or
discrimination on account of the exercise of a juror's right to be
absent from employment for jury duty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 519 of the judiciary law, as added by chapter 85
2 of the laws of 1995, is amended to read as follows:
3 S 519. Right of juror to be absent from employment. Any person who is
4 summoned to serve as a juror under the provisions of this article and
5 who notifies his or her employer to that effect prior to the commence-
6 ment of a term of service shall not, on account of absence from employ-
7 ment by reason of such jury service, be subject to discharge [or],
8 penalty, OR DISCRIMINATION IN ANY OTHER MANNER. An employer may, howev-
9 er, withhold wages of any such employee serving as a juror during the
10 period of such service; provided that an employer who employs more than
11 ten employees shall not withhold the first forty dollars of such juror's
12 daily wages during the first three days of jury service. Withholding of
13 wages in accordance with this section shall not be deemed a penalty OR
14 DISCRIMINATION IN ANY OTHER MANNER. Violation of this section shall
15 constitute a criminal contempt of court punishable pursuant to section
16 seven hundred fifty of this chapter AND SHALL ALSO CONSTITUTE A
17 VIOLATION OF SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW AND BE SUBJECT
18 TO THE CIVIL PENALTIES AND CIVIL ACTION PROVIDED FOR THEREUNDER.
19 S 2. Paragraph 7 of subdivision A of section 750 of the judiciary law,
20 as amended by chapter 823 of the laws of 1982, is amended to read as
21 follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04375-01-1
A. 718 2
1 7. Wilful failure to obey any mandate, process, or notice issued
2 pursuant to [articles] ARTICLE sixteen[, seventeen, eighteen, eighteen-a
3 or eighteen-b] of [the judiciary law] THIS CHAPTER, or to rules adopted
4 pursuant thereto, or to any other statute relating thereto, or refusal
5 to be sworn as provided therein, or subjection of an employee to
6 discharge [or], penalty, OR DISCRIMINATION IN ANY OTHER MANNER on
7 account of his OR HER absence from employment by reason of jury or
8 subpoenaed witness service in violation of this chapter or section
9 215.11 of the penal law. Applications to punish the accused for a
10 contempt specified in this subdivision may be made by notice of motion
11 or by order to show cause, and shall be made returnable at the term of
12 the supreme court at which contested motions are heard, or of the county
13 court if the supreme court is not in session.
14 S 3. Section 215 of the labor law, as amended by chapter 744 of the
15 laws of 1986, subdivision 1 as amended by chapter 372 of the laws of
16 2009, is amended to read as follows:
17 S 215. [Penalties] CIVIL PENALTIES and civil action; employer who
18 penalizes employees because of complaints of employer violations OR
19 BECAUSE OF EXERCISE OF THE RIGHT TO BE ABSENT FROM EMPLOYMENT FOR JURY
20 DUTY. 1. (a) No employer or his or her agent, or the officer or agent
21 of any corporation, partnership, or limited liability company shall
22 discharge, penalize, or in any other manner discriminate or retaliate
23 against any employee (i) because such employee has made a complaint to
24 his or her employer, or to the commissioner or his or her authorized
25 representative, that the employer has violated any provision of this
26 chapter, or (ii) because such employee has caused to be instituted a
27 proceeding under or related to this chapter, or (iii) because such
28 employee has provided information to the commissioner or his or her
29 authorized representative, or (iv) because such employee has testified
30 or is about to testify in an investigation or proceeding under this
31 chapter, or (v) because such employee has otherwise exercised rights
32 protected under this chapter, or (vi) because the employer has received
33 an adverse determination from the commissioner involving the employee,
34 OR (VII) BECAUSE SUCH EMPLOYEE HAS EXERCISED HIS OR HER RIGHT TO BE
35 ABSENT FROM EMPLOYMENT PURSUANT TO SECTION FIVE HUNDRED NINETEEN OF THE
36 JUDICIARY LAW BY REASON OF JURY SERVICE.
37 (b) If after investigation the commissioner finds that an employer has
38 violated any provision of this section, the commissioner may, by an
39 order which shall describe particularly the nature of the violation,
40 assess the employer a civil penalty of not less than one thousand nor
41 more than ten thousand dollars, and order the employer to pay lost
42 compensation to the employee. EACH ACT TAKEN IN CONTRAVENTION OF A
43 PROHIBITION CONTAINED IN THIS SECTION SHALL CONSTITUTE A SEPARATE AND
44 DISTINCT VIOLATION OF THIS SECTION, AND IN ASSESSING ANY SUCH CIVIL
45 PENALTY THE COMMISSIONER SHALL CONSIDER, IN ADDITION TO THE NATURE OF
46 THE VIOLATION, ALL PRIOR FINDINGS OF VIOLATIONS OF THE PROVISIONS OF
47 THIS SECTION BY THE EMPLOYER.
48 (c) [Notwithstanding the] THE provisions of section two hundred thir-
49 teen of this article[, the penalties set forth in this section] shall
50 [be the exclusive remedies available for] NOT APPLY TO THE violations
51 [of] SPECIFIED IN this section.
52 (d) This section shall not apply to employees of the state or any
53 municipal subdivisions or departments thereof.
54 2. [An] IN ADDITION TO THE CIVIL PENALTIES PROVIDED FOR UNDER SUBDIVI-
55 SION ONE OF THIS SECTION, AN employee may bring a civil action in a
56 court of competent jurisdiction against any employer or persons alleged
A. 718 3
1 to have violated the provisions of this section. The court shall have
2 jurisdiction to restrain violations of this section, within two years
3 after such violation, and to order all appropriate relief, including
4 rehiring or reinstatement of the employee to his former position with
5 restoration of seniority, payment of lost compensation, damages, and
6 reasonable attorneys' fees. At or before the commencement of any action
7 under this section, notice thereof shall be served upon the attorney
8 general by the employee.
9 S 4. This act shall take effect on the thirtieth day after it shall
10 have become a law.
