Bill Text: NY A09328 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that transportation network companies provide TNC drivers with notices upon deactivation or suspension, explaining the cause of such deactivation or suspension and the steps by which such driver may remedy such deactivation or suspension.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-29 - referred to labor [A09328 Detail]

Download: New_York-2023-A09328-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9328

                   IN ASSEMBLY

                                    February 29, 2024
                                       ___________

        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Labor

        AN ACT to amend the labor law, in relation to requiring that transporta-
          tion network companies provide TNC drivers with certain  notices  upon
          deactivation or suspension

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section 219-e,  to
     2  read as follows:
     3    § 219-e. Deactivation and suspension of transportation network company
     4  drivers.  1. For the purposes of this section, the following terms shall
     5  have the following meanings:
     6    (a) "Transportation network company" or  "TNC"  shall  have  the  same
     7  meaning  as defined by section sixteen hundred ninety-one of the vehicle
     8  and traffic law.
     9    (b) "Transportation network company driver" or "TNC driver" shall have
    10  the same meaning as defined by section sixteen hundred ninety-one of the
    11  vehicle and traffic law.
    12    (c) "TNC prearranged trip" or "trip" shall have the  same  meaning  as
    13  defined by section sixteen hundred ninety-one of the vehicle and traffic
    14  law.
    15    (d)  "Digital  network"  shall  have  the  same  meaning as defined by
    16  section sixteen hundred ninety-one of the vehicle and traffic law.
    17    (e) "Deactivate" or "deactivation" means the blocking of a  TNC  driv-
    18  er's  access  to  a TNC's digital network, prohibiting a TNC driver from
    19  accepting  any  future  TNC  trips  for  such  TNC,  or  other  material
    20  restriction  of a TNC driver's access to such TNC's digital network. The
    21  term "deactivation" shall not include  a  temporary  suspension  lasting
    22  less than forty-eight hours.
    23    2.  A  TNC  shall provide each TNC driver subject to a deactivation or
    24  suspension with a notice of such deactivation  or  suspension  no  later
    25  than  thirty days following such deactivation or suspension. Such notice
    26  shall include:
    27    (a) the cause of such deactivation or suspension; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14647-02-4
        A. 9328                             2

     1    (b) a description of the steps by which such  TNC  driver  may  remedy
     2  such deactivation or suspension.
     3    3.  (a)  Any  TNC  that fails to provide notice in compliance with the
     4  provisions of this section shall be in violation of this  section.  Each
     5  failure  to  provide  notice  shall  constitute  a separate and distinct
     6  violation.
     7    (b) The department shall  assess  a  penalty  of  twenty-five  hundred
     8  dollars for each violation of this section.
     9    4.  The  department is authorized to promulgate any rules and/or regu-
    10  lations necessary to effectuate the provisions of this section.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have  become  a  law.    Effective  immediately, the addition, amendment
    13  and/or repeal of any rule or regulation necessary for the implementation
    14  of this act on  its  effective  date  are  authorized  to  be  made  and
    15  completed on or before such effective date.