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A04361 Summary:

BILL NOA04361
 
SAME ASNo Same As
 
SPONSORFall
 
COSPNSR
 
MLTSPNSR
 
Add §219-e, Lab L
 
Requires that transportation network companies provide TNC drivers with notices upon deactivation or suspension, explaining the cause of such deactivation or suspension and the steps by which such driver may remedy such deactivation or suspension.
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A04361 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4361
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Labor
 
        AN ACT to amend the labor law, in relation to requiring that transporta-
          tion network companies provide TNC drivers with certain  notices  upon
          deactivation or suspension
 
          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 219-e,  to
     2  read as follows:
     3    § 219-e. Deactivation and suspension of transportation network company
     4  drivers.  1. For the purposes of this section, the following terms shall
     5  have the following meanings:
     6    (a) "Transportation network company" or  "TNC"  shall  have  the  same
     7  meaning  as defined by section sixteen hundred ninety-one of the vehicle
     8  and traffic law.
     9    (b) "Transportation network company driver" or "TNC driver" shall have
    10  the same meaning as defined by section sixteen hundred ninety-one of the
    11  vehicle and traffic law.
    12    (c) "TNC prearranged trip" or "trip" shall have the  same  meaning  as
    13  defined by section sixteen hundred ninety-one of the vehicle and traffic
    14  law.
    15    (d)  "Digital  network"  shall  have  the  same  meaning as defined by
    16  section sixteen hundred ninety-one of the vehicle and traffic law.
    17    (e) "Deactivate" or "deactivation" means the blocking of a  TNC  driv-
    18  er's  access  to  a TNC's digital network, prohibiting a TNC driver from
    19  accepting  any  future  TNC  trips  for  such  TNC,  or  other  material
    20  restriction  of a TNC driver's access to such TNC's digital network. The
    21  term "deactivation" shall not include  a  temporary  suspension  lasting
    22  less than forty-eight hours.
    23    2.  A  TNC  shall provide each TNC driver subject to a deactivation or
    24  suspension with a notice of such deactivation  or  suspension  no  later
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08735-01-5

        A. 4361                             2
 
     1  than  thirty days following such deactivation or suspension. Such notice
     2  shall include:
     3    (a) the cause of such deactivation or suspension; and
     4    (b)  a  description  of  the steps by which such TNC driver may remedy
     5  such deactivation or suspension.
     6    3. (a) Any TNC that fails to provide notice  in  compliance  with  the
     7  provisions  of  this section shall be in violation of this section. Each
     8  failure to provide notice  shall  constitute  a  separate  and  distinct
     9  violation.
    10    (b)  The  department  shall  assess  a  penalty of twenty-five hundred
    11  dollars for each violation of this section.
    12    4. The department is authorized to promulgate any rules  and/or  regu-
    13  lations necessary to effectuate the provisions of this section.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law.    Effective  immediately,  the  addition,  amendment
    16  and/or repeal of any rule or regulation necessary for the implementation
    17  of  this  act  on  its  effective  date  are  authorized  to be made and
    18  completed on or before such effective date.
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