Bill Text: NY S04363 | 2015-2016 | General Assembly | Introduced

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

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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

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                           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.