STATE OF NEW YORK
________________________________________________________________________
7725--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 20, 2021
___________
Introduced by M. of A. ZINERMAN, JACOBSON -- (at request of the Depart-
ment of Labor) -- read once and referred to the Committee on Labor --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the labor law, in relation to authorizing service of
notice by electronic communication
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 33 of the labor law, as amended by chapter 756 of
2 the laws of 1975, is amended to read as follows:
3 § 33. Service of notice. [Whenever] 1. Notwithstanding any other law,
4 rule, or regulation, whenever the commissioner or board or any person
5 affected by the provisions of this chapter is required to give notice in
6 writing to any person, such notice may be given by mailing it in a
7 letter addressed to [such person at his] the last known place of busi-
8 ness [or] of such person, by delivering it to [him] the person
9 personally, or by electronic communication with the consent of the
10 person in accordance with subdivision two of this section. Notice to a
11 partnership may be given to any of the partners [and], notice to a
12 corporation may be given to any officer or agent thereof, and notice to
13 a limited liability company may be given to any member or agent thereof,
14 upon whom a summons may be served as provided by the civil practice law
15 and rules, or by electronic communication with the consent of the entity
16 in accordance with subdivision two of this section. Consent for any
17 entity may be provided by a partner, officer, agent, member, owner, or
18 other similar individual. Whenever an order or demand of the department
19 is required to be served it shall be served in the manner hereinbefore
20 provided for the service of a notice [or], by delivering it to any
21 person of suitable age and discretion in charge of the premises affected
22 by such order or demand, or by electronic communication with the consent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09616-05-1
A. 7725--A 2
1 of the person in accordance with subdivision two of this section, or if
2 no person is found in charge by affixing a copy thereof conspicuously
3 upon the premises.
4 2. For the purposes of this section, a person or entity shall be
5 deemed to have consented to electronic communication if, having been
6 advised conspicuously that enrollment or registration is voluntary and
7 that they may continue to receive notices by mail or personal service as
8 provided in this section, they instead affirmatively choose to receive
9 notices by electronic communications only.
10 § 2. This act shall take effect immediately.
