Bill Text: NY S03665 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to flexible working arrangements; provides that employees may submit a request for flexible working arrangements in good faith; requires the employer to notify the employee of the decision; prohibits employers from retaliating against employees for exercising rights under the section.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S03665 Detail]

Download: New_York-2019-S03665-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3665
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced by Sens. GIANARIS, SEPULVEDA -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Labor
        AN  ACT to amend the labor law, in relation to flexible working arrange-
          ments
          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 171 to
     2  read as follows:
     3    § 171. Flexible  working  arrangement.  1.  Definitions.  a.  For  the
     4  purposes  of  this  section,  "flexible  working arrangement" shall mean
     5  intermediate or long-term changes  in  the  employee's  regular  working
     6  arrangements,  including  but  not  limited to, changes in the number of
     7  days or hours worked, changes in the time the  employee  arrives  at  or
     8  departs  from  work,  work  from home, or job-sharing. "Flexible working
     9  arrangement" shall not include vacation, routine scheduling  of  shifts,
    10  or another form of employee leave.
    11    b. For the purposes of this section, "inconsistent with business oper-
    12  ations"  shall mean a determination by the employer based on the follow-
    13  ing considerations: (i) the burden on an employer  of  undue  additional
    14  costs;  (ii)  a  legitimate or practical detrimental effect on aggregate
    15  employee morale unrelated to discrimination or other unlawful employment
    16  practices; (iii) a legitimate or practical  detrimental  effect  on  the
    17  ability  of  an  employer  to  meet  consumer demand; (iv) a significant
    18  inability to reorganize work among existing staff; (v) a  legitimate  or
    19  practical  inability  to  recruit  additional  staff; (vi) a significant
    20  detrimental impact on business quality or business performance; (vii) an
    21  insufficiency of work during the periods the employee proposes to  work;
    22  (viii)  planned  structural  changes to the business; and (ix) any other
    23  reasons as specified by the commissioner.
    24    2. An employee may request a flexible working arrangement  that  meets
    25  the  needs  of  the employer and employee. The employer shall consider a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00822-01-9
        S. 3665                             2
     1  request using the procedures in this section when the employee asks  the
     2  employer on an as-needed basis.
     3    3.  The  employer  shall  discuss  the  request for a flexible working
     4  arrangement with the employee. The employer  and  employee  may  propose
     5  alternative  arrangements  during  the  discussion.  The  employer shall
     6  consider the employee's request for a flexible working  arrangement  and
     7  whether  the request could be granted in a manner that is not inconsist-
     8  ent with its business operations  or  its  legal  or  contractual  obli-
     9  gations.
    10    4.  The  employer  shall notify the employee of the decision regarding
    11  the request in a timely manner. If the request was submitted in writing,
    12  the employer shall state any complete or partial denial of  the  request
    13  in writing, citing the reason as to denying the request.
    14    5. This section shall not diminish any employment rights or agreements
    15  pursuant to a collective bargaining agreement. An employer may institute
    16  a  flexible  working  arrangement  policy  that is more generous than is
    17  provided by this section.
    18    6. An employer shall not retaliate against an employee exercising  his
    19  or her rights under this section.
    20    7.  Nothing  in this section shall affect any legal rights an employer
    21  or employee may have under applicable law to create, terminate, or modi-
    22  fy a flexible working arrangement.
    23    8. Nothing in this section shall require an  employer  to  accept  the
    24  flexible work arrangement of the employee.
    25    9.  a.  The commissioner or a representative authorized by the commis-
    26  sioner shall have the power to (i) investigate any complaint regarding a
    27  violation of this section filed by any employee; person or  organization
    28  acting on the employee's behalf; or the recognized and certified collec-
    29  tive  bargaining agent acting on the employee's behalf; and (ii) examine
    30  and inspect the records of any employer  in  conjunction  with  such  an
    31  investigation.
    32    b.  The commissioner may bring an action against an employer for fail-
    33  ure to adhere to the provisions of this  section,  including  injunctive
    34  relief to enjoin future conduct.
    35    c.  Any  employer  who  violates  the provisions of this section shall
    36  forfeit to the people of the state a sum of  five  hundred  dollars  for
    37  each  violation, to be recovered by the commissioner in any legal action
    38  taken pursuant to this subdivision.
    39    10. The commissioner shall promulgate rules and regulations within one
    40  hundred twenty days of the effective date of this section for the imple-
    41  mentation of this section.
    42    § 2. This act shall take effect immediately.