Bill Text: NY S03351 | 2019-2020 | 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 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S03351 Detail]
Download: New_York-2019-S03351-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3351 2019-2020 Regular Sessions IN SENATE February 5, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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 § 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 § 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: 22 7. Wilful failure to obey any mandate, process, or notice issued 23 pursuant to [articles] article sixteen[, seventeen, eighteen, eighteen-aEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00755-01-9S. 3351 2 1or eighteen-b] of [the judiciary law] this chapter, or to rules adopted 2 pursuant thereto, or to any other statute relating thereto, or refusal 3 to be sworn as provided therein, or subjection of an employee to 4 discharge [or], penalty, or discrimination in any other manner on 5 account of his or her absence from employment by reason of jury or 6 subpoenaed witness service in violation of this chapter or section 7 215.11 of the penal law. Applications to punish the accused for a 8 contempt specified in this subdivision may be made by notice of motion 9 or by order to show cause, and shall be made returnable at the term of 10 the supreme court at which contested motions are heard, or of the county 11 court if the supreme court is not in session. 12 § 3. Section 215 of the labor law, as amended by chapter 564 of the 13 laws of 2010, paragraph (b) of subdivision 1 and paragraph (a) of subdi- 14 vision 2 as amended by chapter 537 of the laws of 2014, is amended to 15 read as follows: 16 § 215. [Penalties] Civil penalties and civil action; prohibited retal- 17 iation. 1. (a) No employer or his or her agent, or the officer or agent 18 of any corporation, partnership, or limited liability company, or any 19 other person, shall discharge, threaten, penalize, or in any other 20 manner discriminate or retaliate against any employee (i) because such 21 employee has made a complaint to his or her employer, or to the commis- 22 sioner or his or her authorized representative, or to the attorney 23 general or any other person, that the employer has engaged in conduct 24 that the employee, reasonably and in good faith, believes violates any 25 provision of this chapter, or any order issued by the commissioner (ii) 26 because such employer or person believes that such employee has made a 27 complaint to his or her employer, or to the commissioner or his or her 28 authorized representative, or to the attorney general, or to any other 29 person that the employer has violated any provision of this chapter, or 30 any order issued by the commissioner (iii) because such employee has 31 caused to be instituted or is about to institute a proceeding under or 32 related to this chapter, or (iv) because such employee has provided 33 information to the commissioner or his or her authorized representative 34 or the attorney general, or (v) because such employee has testified or 35 is about to testify in an investigation or proceeding under this chap- 36 ter, or (vi) because such employee has otherwise exercised rights 37 protected under this chapter, or (vii) because the employer has received 38 an adverse determination from the commissioner involving the employee, 39 or (viii) because such employee has exercised his or her right to be 40 absent from employment pursuant to section five hundred nineteen of the 41 judiciary law by reason of jury service. 42 An employee complaint or other communication need not make explicit 43 reference to any section or provision of this chapter to trigger the 44 protections of this section. 45 (b) If after investigation the commissioner finds that an employer or 46 person has violated any provision of this section, the commissioner may, 47 by an order which shall describe particularly the nature of the 48 violation, assess the employer or person a civil penalty of not less 49 than one thousand nor more than ten thousand dollars provided, however, 50 that if the commissioner finds that the employer has violated the 51 provisions of this section in the preceding six years, he or she may 52 assess a civil penalty of not less than one thousand nor more than twen- 53 ty thousand dollars. Each act taken in contravention of a prohibition 54 contained in this section shall constitute a separate and distinct 55 violation of this section, and in assessing any such civil penalty the 56 commissioner shall consider, in addition to the nature of the violation,S. 3351 3 1 all prior findings of violations of the provisions of this section by 2 the employer. The commissioner may also order all appropriate relief 3 including enjoining the conduct of any person or employer; ordering 4 payment of liquidated damages to the employee by the person or entity in 5 violation; and, where the person or entity in violation is an employer 6 ordering rehiring or reinstatement of the employee to his or her former 7 position or an equivalent position, and an award of lost compensation or 8 an award of front pay in lieu of reinstatement and an award of lost 9 compensation. Liquidated damages shall be calculated as an amount not 10 more than twenty thousand dollars. The commissioner may assess liqui- 11 dated damages on behalf of every employee aggrieved under this section, 12 in addition to any other remedies permitted by this section. 13 (c) The provisions of section two hundred thirteen of this article 14 shall not apply to the violations specified in this section. 15 (d) This section shall not apply to employees of the state or any 16 municipal subdivisions or departments thereof. 17 2. (a) [An] In addition to the civil penalties provided for under 18 subdivision one of this section, an employee may bring a civil action in 19 a court of competent jurisdiction against any employer or persons 20 alleged to have violated the provisions of this section. The court shall 21 have jurisdiction to restrain violations of this section, within two 22 years after such violation, regardless of the dates of employment of the 23 employee, and to order all appropriate relief, including enjoining the 24 conduct of any person or employer; ordering payment of liquidated 25 damages, costs and reasonable attorneys' fees to the employee by the 26 person or entity in violation; and, where the person or entity in 27 violation is an employer, ordering rehiring or reinstatement of the 28 employee to his or her former position with restoration of seniority or 29 an award of front pay in lieu of reinstatement, and an award of lost 30 compensation and damages, costs and reasonable attorneys' fees. Liqui- 31 dated damages shall be calculated as an amount not more than twenty 32 thousand dollars. The court shall award liquidated damages to every 33 employee aggrieved under this section, in addition to any other remedies 34 permitted by this section. The statute of limitations shall be tolled 35 from the date an employee files a complaint with the commissioner or the 36 commissioner commences an investigation, whichever is earlier, until an 37 order to comply issued by the commissioner becomes final, or where the 38 commissioner does not issue an order, until the date on which the 39 commissioner notifies the complainant that the investigation has 40 concluded. Investigation by the commissioner shall not be a prerequisite 41 to nor a bar against a person bringing a civil action under this 42 section. 43 (b) At or before the commencement of any action under this section, 44 notice thereof shall be served upon the attorney general by the employ- 45 ee. 46 3. Any employer or his or her agent, or the officer or agent of any 47 corporation, partnership, or limited liability company, or any other 48 person who violates subdivision one of this section shall be guilty of a 49 class B misdemeanor. 50 § 4. This act shall take effect on the thirtieth day after it shall 51 have become a law.
