|SAME AS||SAME AS S00500|
|COSPNSR||Barrett, Blake, Buchwald, Crespo, Gottfried, Hikind, Hooper, Mayer, Rodriguez, Rosenthal, Seawright, Sepulveda, Simon|
|MLTSPNSR||Arroyo, Cook, Glick, Perry, Rivera|
|Add §171, Lab L|
|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.|
|01/11/2017||referred to labor|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1214 SPONSOR: Rozic (MS)
TITLE OF BILL: An act to amend the labor law, in relation to flexible working arrangements   PURPOSE: To give employees the right to request flexible working arrangements that meet the needs of both the employer and employee.   SUMMARY OF PROVISIONS: Section I of the bill amends the labor law by adding new Section 171. Section II sets forth the effective date.   JUSTIFICATION: A flexible work arrangement provides employees with a variable work schedule in contrast to the traditional work experience. Studies show that businesses that provide flexible working arrangements experience a reduction in absenteeism and lateness. Both employees and employers benefit in that employees are more likely to become more productive and willing to help employers succeed. Other advantages in allowing employ- ees to adopt flexible arrangements include conforming work schedules to mass transit schedules, schedules their children have, or less congested travel times. This bill is modeled on similar legislation from Vermont, the first state in the nation to pass legislation that gives employees the right to request flexible working arrangements. Similar legislation has also been instituted in San Francisco. As the need for workplace flexibility grows, New York should also serve as a model for the ways in which employees can work effectively and efficiently in today's work world. Passage of this bill would not make flexible working arrangements in the workplace a requirement, but instead would give employees the right to request flexible working arrangements and employers the right to reject such requests. It would establish the procedure by which requests are to be reviewed, requiring that employers consider a request, discuss it with the employee, and notify the employee of the decision in a timely manner.   LEGISLATIVE HISTORY: 2016: A03055 (Rozic) - Labor 2015: A03055 (Rozic) - Labor 2014: A09279 (Rozic) - Labor   FISCAL IMPACT ON THE STATE: None.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 1214 2017-2018 Regular Sessions IN ASSEMBLY January 11, 2017 ___________ Introduced by M. of A. ROZIC, BARRETT, BLAKE, BUCHWALD, CRESPO, GOTT- FRIED, HIKIND, HOOPER, MAYER, RODRIGUEZ, ROSENTHAL, SEAWRIGHT, SEPULVEDA, SIMON -- Multi-Sponsored by -- M. of A. ARROYO, COOK, GLICK, PERRY, RIVERA -- read once and referred 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01171-01-7A. 1214 2 1 (viii) planned structural changes to the business; and (ix) any other 2 reasons as specified by the commissioner. 3 2. An employee may request a flexible working arrangement that meets 4 the needs of the employer and employee. The employer shall consider a 5 request using the procedures in this section when the employee asks the 6 employer on an as-needed basis. 7 3. The employer shall discuss the request for a flexible working 8 arrangement with the employee. The employer and employee may propose 9 alternative arrangements during the discussion. The employer shall 10 consider the employee's request for a flexible working arrangement and 11 whether the request could be granted in a manner that is not inconsist- 12 ent with its business operations or its legal or contractual obli- 13 gations. 14 4. The employer shall notify the employee of the decision regarding 15 the request in a timely manner. If the request was submitted in writing, 16 the employer shall state any complete or partial denial of the request 17 in writing, citing the reason as to denying the request. 18 5. This section shall not diminish any employment rights or agreements 19 pursuant to a collective bargaining agreement. An employer may institute 20 a flexible working arrangement policy that is more generous than is 21 provided by this section. 22 6. An employer shall not retaliate against an employee exercising his 23 or her rights under this section. 24 7. Nothing in this section shall affect any legal rights an employer 25 or employee may have under applicable law to create, terminate, or modi- 26 fy a flexible working arrangement. 27 8. Nothing in this section shall require an employer to accept the 28 flexible work arrangement of the employee. 29 9. a. The commissioner or a representative authorized by the commis- 30 sioner shall have the power to (i) investigate any complaint regarding a 31 violation of this section filed by any employee; person or organization 32 acting on the employee's behalf; or the recognized and certified collec- 33 tive bargaining agent acting on the employee's behalf; and (ii) examine 34 and inspect the records of any employer in conjunction with such an 35 investigation. 36 b. The commissioner may bring an action against an employer for fail- 37 ure to adhere to the provisions of this section, including injunctive 38 relief to enjoin future conduct. 39 c. Any employer who violates the provisions of this section shall 40 forfeit to the people of the state a sum of five hundred dollars for 41 each violation, to be recovered by the commissioner in any legal action 42 taken pursuant to this subdivision. 43 10. The commissioner shall promulgate rules and regulations within one 44 hundred twenty days of the effective date of this section for the imple- 45 mentation of this section. 46 § 2. This act shall take effect immediately.