Bill Text: NY S04363 | 2015-2016 | General Assembly | Introduced
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Bill Title: Requires employers of retail, food service or cleaning employees to give such employees 7 days' notice of their work schedule and a month's notice of the minimum hours of work; provides a private right of action to employees who are aggrieved by certain violations of such provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-19 - PRINT NUMBER 4363A [S04363 Detail]
Download: New_York-2015-S04363-Introduced.html
Bill Title: Requires employers of retail, food service or cleaning employees to give such employees 7 days' notice of their work schedule and a month's notice of the minimum hours of work; provides a private right of action to employees who are aggrieved by certain violations of such provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-19 - PRINT NUMBER 4363A [S04363 Detail]
Download: New_York-2015-S04363-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4363 2015-2016 Regular Sessions I N S E N A T E March 17, 2015 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to employee work schedules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Article 5 of the labor law is amended by adding a new title 2 2 to read as follows: 3 TITLE 2 4 SPECIAL REQUIREMENTS 5 SECTION 171. DEFINITIONS. 6 172. ADVANCED NOTICE REQUIREMENTS. 7 173. EXCHANGE OF SHIFTS. 8 174. PROHIBITED ACTS. 9 175. EXCEPTIONS. 10 176. ENFORCEMENT. 11 S 171. DEFINITIONS. AS USED IN THIS TITLE: 12 1. "EMPLOYER" SHALL MEAN ANY PERSON, CORPORATION, LIMITED LIABILITY 13 COMPANY, LIMITED LIABILITY PARTNERSHIP OR ASSOCIATION EMPLOYING FIFTY OR 14 MORE FULL-TIME EMPLOYEES WITHIN THIS STATE OR A PROPORTIONAL NUMBER OF 15 PART-TIME EMPLOYEES, WHO EMPLOYS A RETAIL EMPLOYEE, FOOD SERVICE EMPLOY- 16 EE OR CLEANING EMPLOYEE. 17 2. "EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED AS A RETAIL EMPLOYEE, 18 FOOD SERVICE EMPLOYEE OR CLEANING EMPLOYEE BY AN EMPLOYER. 19 3. "RETAIL EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN THE 20 SALE OF ITEMS AT A RETAIL STORE ENGAGED IN THE SALE OF ITEMS TO CONSUM- 21 ERS. 22 4. "FOOD SERVICE EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED 23 IN THE SERVICE OF FOOD OR BEVERAGE TO GUESTS, PATRONS OR CUSTOMERS IN 24 THE HOTEL OR RESTAURANT INDUSTRY, INCLUDING BUT NOT LIMITED TO, WAIT 25 STAFF, BARTENDERS, CAPTAINS AND BUSING PERSONNEL; AND WHO REGULARLY 26 RECEIVES TIPS FROM SUCH GUESTS, PATRONS OR CUSTOMERS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09954-02-5 S. 4363 2 1 5. "CLEANING EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN 2 ACTIVITIES INVOLVING CLEANING IN A COMMERCIAL CONTEXT AT A COMMERCIAL OR 3 RESIDENTIAL SETTING INCLUDING, BUT NOT LIMITED TO, JANITORS, MAIDS, 4 HOUSEKEEPING CLEANERS AND BUILDING CLEANERS. 5 S 172. ADVANCED NOTICE REQUIREMENTS. 1. ON OR BEFORE THE FIRST DAY OF 6 EMPLOYMENT OF A RETAIL EMPLOYEE, FOOD SERVICE EMPLOYEE OR CLEANING 7 EMPLOYEE, THE EMPLOYER OR ITS DESIGNEE SHALL INFORM SUCH EMPLOYEE IN 8 WRITING OF THE EMPLOYEE'S WORK SCHEDULE AND THE MINIMUM NUMBER OF HOURS 9 THE EMPLOYEE WILL BE ASSIGNED ON A MONTHLY BASIS. 10 2. ON OR BEFORE THE FOURTEENTH DAY AFTER THE EFFECTIVE DATE OF THIS 11 SECTION AND EVERY FOURTEEN DAYS THEREAFTER, EACH EMPLOYER OR ITS DESIG- 12 NEE SHALL PROVIDE EACH EMPLOYEE WITH THE DAYS THAT THE EMPLOYEE HAS BEEN 13 ASSIGNED TO WORK AND THE HOURS OF WORK ON THOSE DAYS IN WRITING. SCHED- 14 ULING NOTICES SHALL ADDITIONALLY BE POSTED IN A CONSPICUOUS PLACE IN 15 EVERY WORKPLACE OF THE EMPLOYER AND MAY BE REQUESTED BY ELECTRONIC 16 MEANS. 17 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY DURING ANY PERIOD 18 WHERE REGULAR OPERATIONS OF THE EMPLOYER ARE SUSPENDED AS A RESULT OF 19 EVENTS BEYOND THE EMPLOYER'S CONTROL. 20 S 173. EXCHANGE OF SHIFTS. ANY EMPLOYEES WHO WORK FOR THE SAME EMPLOY- 21 ER IN THE SAME OR SUBSTANTIALLY SIMILAR LINE OF WORK MAY MUTUALLY AGREE 22 TO EXCHANGE WORK SCHEDULES BETWEEN THE TWO EMPLOYEES. FOR ANY CHANGE OF 23 SCHEDULE AS A RESULT OF THIS SECTION, THE EMPLOYER SHALL NOT BE REQUIRED 24 TO PROVIDE ANY NOTICE TO ANY OTHER EMPLOYEES PURSUANT TO SECTION ONE 25 HUNDRED SEVENTY-TWO OF THIS TITLE. 26 S 174. PROHIBITED ACTS. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO: 27 1. INTERFERE WITH, RESTRAIN OR DENY THE EXERCISE OF, OR ATTEMPT TO 28 EXERCISE ANY RIGHTS PROVIDED TO AN EMPLOYEE BY THE PROVISIONS OF THIS 29 TITLE; 30 2. DISCHARGE, THREATEN TO DISCHARGE, DEMOTE, SUSPEND, REDUCE WORK 31 HOURS OF OR TAKE ANY OTHER ADVERSE EMPLOYMENT ACTION AGAINST ANY EMPLOY- 32 EE WHO EXERCISES OR ATTEMPTS TO EXERCISE ANY RIGHTS PROVIDED BY THIS 33 TITLE; OR 34 3. DISCHARGE OR DISCRIMINATE IN ANY OTHER MANNER AGAINST AN INDIVIDUAL 35 BECAUSE SUCH INDIVIDUAL HAS FILED ANY CHARGE, INSTITUTED ANY PROCEEDING, 36 PROVIDED ANY INFORMATION IN CONNECTION WITH AN INVESTIGATION, OR TESTI- 37 FIED OR IS ABOUT TO TESTIFY IN ANY PROCEEDING AS A RESULT OF THE 38 PROVISIONS OF THIS TITLE. 39 S 175. EXCEPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIB- 40 ITING OR CONFLICTING WITH ANY PROVISION OF LAW, OBLIGATION OR COLLECTIVE 41 BARGAINING AGREEMENT THAT IMPOSES INCREASED LEVELS OF PROTECTIONS FOR 42 EMPLOYEES. 43 S 176. ENFORCEMENT. FOR EACH VIOLATION OF THIS TITLE BY AN EMPLOYER, 44 THE DEPARTMENT MAY ASSESS A CIVIL PENALTY NOT TO EXCEED FIFTY DOLLARS. 45 S 2. Severability. If any clause, sentence, paragraph, section, or 46 part of this act shall be adjudged by any court of competent jurisdic- 47 tion to be invalid, this judgment shall not affect, impair, or invali- 48 date the remainder thereof, but shall be confined in its operation to 49 the clause, sentence, paragraph, section, or part of this act directly 50 involved in the controversy in which the judgment shall have been 51 rendered. 52 S 3. This act shall take effect on the ninetieth day after it shall 53 have become a law.