A10101 Summary:
| BILL NO | A10101 |
| SAME AS | No Same As |
| SPONSOR | Rajkumar |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§20-1204, 20-1207, 20-1208, 20-1209, 20-1211 & 20-1212, add Title 20 Chap 12 Subchap 8 §§20-1281 - 1289, NYC Ad Cd; add Art 48 §§1710 - 1726, Gen Bus L | |
| Prohibits high-volume for-hire vehicle services from deactivating high-volume for-hire vehicle drivers; establishes exceptions that allow deactivating drivers; and authorizes the office of the attorney general handle enforcement of the provisions outside the city of New York. | |
A10101 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 10101 IN ASSEMBLY January 30, 2026 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Cities AN ACT to amend the administrative code of the city of New York and the general business law, in relation to prohibiting high-volume for-hire vehicle services from deactivating high-volume for-hire vehicle driv- ers, unless due to just cause, a bona fide economic reason, or if required to by law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision a of section 20-1204 of the administrative code 2 of the city of New York, as added by local law number 107 of the city of 3 New York for the year 2017, is amended to read as follows: 4 a. No person shall take any adverse action against an employee or 5 high-volume for-hire vehicle driver that penalizes such employee or 6 high-volume for-hire vehicle driver for, or is reasonably likely to 7 deter such employee or high-volume for-hire vehicle driver from, exer- 8 cising or attempting to exercise any right protected under this chapter. 9 Taking an adverse action includes threatening, intimidating, disciplin- 10 ing, discharging, demoting, suspending or harassing an employee or high- 11 volume for-hire vehicle driver, reducing the hours or pay of an employee 12 or high-volume for-hire vehicle driver, informing another employer or 13 high-volume for-hire vehicle service that an employee or high-volume 14 for-hire vehicle driver has engaged in activities protected by this 15 chapter, and discriminating against the employee or high-volume for-hire 16 vehicle driver, including actions related to perceived immigration 17 status or work authorization. An employee or high-volume for-hire vehi- 18 cle driver need not explicitly refer to this chapter or the rights 19 enumerated herein to be protected from retaliation. 20 § 2. Paragraphs 1 and 2 of subdivision b of section 20-1207 of the 21 administrative code of the city of New York, as amended by local law 22 number 80 of the city of New York for the year 2020, are amended to read 23 as follows: 24 1. Any person, including any organization, alleging a violation of 25 this chapter may file a complaint with the department within two years EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14385-01-6A. 10101 2 1 of the date the person knew or should have known of the alleged 2 violation, except that (i) a complaint alleging a violation of section 3 20-1282 or 20-1283 of this chapter may be filed only by the deactivated 4 high-volume for-hire vehicle driver or by a representative of such high- 5 volume for-hire vehicle driver, provided that the high-volume for-hire 6 vehicle driver has agreed to such representation and (ii) a complaint 7 alleging a violation of section 20-1283 of this chapter may be filed 8 within one year after the effective date of the local law that added 9 subchapter eight of this chapter. 10 2. Upon receiving such a complaint, the department shall investigate 11 it, except that upon receiving a complaint alleging a violation of any 12 provision of subchapter eight of this chapter, the department shall, if 13 resources permit, investigate the complaint. 14 § 3. Paragraph 5 of subdivision b of section 20-1207 of the adminis- 15 trative code of the city of New York, as amended by local law number 80 16 of the city of New York for the year 2020, is amended to read as 17 follows: 18 5. The department shall keep the identity of any complainant confiden- 19 tial unless disclosure is necessary to resolve the investigation or is 20 otherwise required by law, except that for complaints alleging 21 violations of section 20-1282 or 20-1283 of this chapter, the department 22 shall provide notice of the complaint and the identity of the complain- 23 ant to the high-volume for-hire vehicle service as soon as practicable. 24 The department shall, to the extent practicable, notify such complainant 25 that the department will be disclosing the complainant's identity before 26 such disclosure. 27 § 4. The section heading of section 20-1208 of the administrative code 28 of the city of New York, as added by local law number 107 of the city of 29 New York for the year 2017, is amended to read as follows: 30 Specific administrative remedies [for employees or former employees]. 31 § 5. Subdivision c of section 20-1208 of the administrative code of 32 the city of New York as added by local law number 107 of the city of New 33 York for the year 2017, as relettered by local law number 2 of the city 34 of New York for the year 2021, is amended and relettered subdivision e 35 and two new subdivisions c and d are added to read as follows: 36 c. 1. For each violation by a high-volume for-hire vehicle service of 37 section 20-1282 or 20-1283 of this chapter, the department shall order 38 reinstatement or restoration of access to the driver platform of such 39 high-volume for-hire vehicle service by such high-volume for-hire vehi- 40 cle driver, unless waived by such high-volume for-hire vehicle driver. 41 2. For each violation by a high-volume for-hire vehicle service of 42 section 20-1282 of this chapter the department shall order the payment 43 of back pay to the wrongfully deactivated high-volume for-hire vehicle 44 driver, and such back pay shall be equal to the amount such high-volume 45 for-hire vehicle driver would have normally earned or received from such 46 high-volume for-hire vehicle service during the period of a wrongful 47 deactivation if such wrongful deactivation had not occurred, provided 48 that: 49 (a) the department may subtract any additional amounts earned or 50 received by such high-volume for-hire vehicle driver from other work 51 during such period in excess of what such high-volume for-hire vehicle 52 driver would have normally earned or received from other work if such 53 deactivation had not occurred; 54 (b) for purposes of this paragraph, the amount a high-volume for-hire 55 vehicle driver would have normally earned or received from a high-volume 56 for-hire vehicle service or other work over a period of deactivationA. 10101 3 1 shall be determined based on the average daily amount such high-volume 2 for-hire vehicle driver earned or received from such high-volume for- 3 hire vehicle service or such other work over a reasonably comparable 4 period; 5 (c) notwithstanding any provision of this subdivision to the contrary, 6 where a violation of section 20-1282 of this chapter arises from an 7 allegation of egregious misconduct that was not substantiated, back pay 8 shall not accrue until fifteen days after the date of deactivation of a 9 high-volume for-hire vehicle driver; and 10 (d) the department may adjust the amount of back pay owed to a high- 11 volume for-hire vehicle driver, as appropriate, based on a failure by 12 such high-volume for-hire vehicle driver to make a reasonable effort to 13 mitigate any loss of income, provided that a high-volume for-hire vehi- 14 cle service shall have the burden of proving by a preponderance of the 15 evidence that a driver failed to make a reasonable effort to mitigate. 16 d. For violations of this chapter, the department may grant the 17 following relief to a high-volume for-hire vehicle driver or former 18 high-volume for-hire vehicle driver: 19 1. all compensatory damages and other relief required to make such 20 high-volume for-hire vehicle driver or former high-volume for-hire vehi- 21 cle driver whole; 22 2. an order directing a high-volume for-hire vehicle service to comply 23 with the requirements set forth in subchapter eight of this chapter; 24 3. for each violation of section 20-1204 of this chapter: 25 (a) any equitable relief appropriate under the circumstances, includ- 26 ing rescission of any discipline issued, reinstatement of any deacti- 27 vated high-volume for-hire vehicle driver, and payment of back pay for 28 any loss of pay or benefits resulting from discipline or other action 29 taken in violation of section 20-1204 of this chapter; 30 (b) five hundred dollars for each violation not involving deacti- 31 vation, as such term is defined in section 20-1281 of this chapter; and 32 (c) two thousand five hundred dollars for each violation involving 33 deactivation, as such term is defined in section 20-1281 of this chap- 34 ter; 35 4. five hundred dollars for each violation of section 20-1282 of this 36 chapter and rescission of any discipline issued, and any other equitable 37 relief as may be appropriate; 38 5. five hundred dollars for each violation of subdivision three of 39 section 20-1284 of this chapter; 40 6. five hundred dollars for each violation of section 20-1286 of this 41 chapter; and 42 7. five hundred dollars for each violation of section 20-1289 of this 43 chapter. 44 e. The relief authorized by this section shall be imposed on a per 45 employee or high-volume for-hire vehicle driver and per instance basis 46 for each violation. 47 § 6. Section 20-1209 of the administrative code of the city of New 48 York, as added by local law number 107 of the city of New York for the 49 year 2017, is amended to read as follows: 50 § 20-1209 Specific civil penalties payable to the city. a. For each 51 violation of this chapter, except for any violation of section 20-1283 52 of this chapter, an employer or high-volume for-hire vehicle service is 53 liable for a penalty of $500 for the first violation and, for subsequent 54 violations that occur within two years of any previous violation of this 55 chapter, up to $750 for the second violation and up to $1,000 for each 56 succeeding violation.A. 10101 4 1 b. The penalties imposed pursuant to this section shall be imposed on 2 a per employee or high-volume for-hire vehicle driver and per instance 3 basis for each violation. 4 § 7. Section 20-1211 of the administrative code of the city of New 5 York, as added by local law number 107 of the city of New York for the 6 year 2017, subdivision a as amended, subdivision c as added, and subdi- 7 visions d and e as relettered by local law number 2 of the city of New 8 York for the year 2021 and subdivision e as amended by local law number 9 80 of the city of New York for the year 2020, is amended to read as 10 follows: 11 § 20-1211 Private cause of action. a. Claims. Any person, including 12 any organization, alleging a violation of the following provisions of 13 this chapter may bring a civil action, in accordance with applicable 14 law, in any court of competent jurisdiction: 15 1. Section 20-1204; 16 2. Section 20-1221; 17 3. Subdivisions a and b of section 20-1222; 18 4. Section 20-1231; 19 5. Subdivisions a, b, d, f and g of section 20-1241; 20 6. Section 20-1251; 21 7. Subdivisions a and b of section 20-1252; [and] 22 8. Section 20-1272; 23 9. Section 20-1282; 24 10. Section 20-1283; 25 11. Section 20-1284; 26 12. Section 20-1286; and 27 13. Section 20-1289. 28 b. Remedies. Such court may order compensatory, injunctive and declar- 29 atory relief, including the following remedies for violations of this 30 chapter: 31 1. Payment of schedule change premiums withheld in violation of 32 section 20-1222; 33 2. An order directing compliance with the recordkeeping, information, 34 posting and consent requirements set forth in sections 20-1205, 20-1206 35 and 20-1221; 36 3. Rescission of any discipline issued in violation of section 37 20-1204; 38 4. Reinstatement of any employee or high-volume for-hire vehicle driv- 39 er terminated in violation of section 20-1204; 40 5. Payment of back pay for any loss of pay or benefits resulting from 41 discipline or other action taken in violation of section 20-1204; 42 6. Other compensatory damages and any other relief required to make 43 the employee or high-volume for-hire vehicle driver whole; and 44 7. Reasonable [attorney's] attorneys' fees and costs. 45 c. For each violation of section 20-1272, 20-1282, or 20-1283 of this 46 chapter, the court shall order reinstatement or restoration of hours of 47 the fast food employee or reinstatement or restoration of the driver 48 platform access of the high-volume for-hire vehicle driver, unless 49 waived by the fast food employee or high-volume for-hire vehicle driver, 50 and shall order the fast food employer or high-volume for-hire vehicle 51 service to pay the reasonable attorneys' fees and costs of the fast food 52 employee or high-volume for-hire vehicle driver. [The] For each 53 violation of section 20-1272 or 20-1282 of this chapter, the court may, 54 in addition, grant the following relief: $500 [for each violation], an 55 order directing compliance with section 20-1272 or 20-1282 of this chap- 56 ter, rescission of any discipline issued, payment of back pay for anyA. 10101 5 1 loss of pay or benefits resulting from the wrongful discharge or deacti- 2 vation, punitive damages, and any other equitable relief as may be 3 appropriate. For each violation of section 20-1282 of this chapter, the 4 court shall order back pay to be determined as set out in paragraph two 5 of subdivision c of section 20-1208 of this chapter. 6 d. Statute of limitations. A civil action under this section shall be 7 commenced within two years of the date the person knew or should have 8 known of the alleged violation, except that for a violation of section 9 20-1283 of this chapter, a civil action shall be commenced within one 10 year after the effective date of a chapter of the laws of two thousand 11 twenty-six that added subchapter eight of this chapter. 12 e. Relationship to department action. 13 1. Any person filing a civil action shall simultaneously serve notice 14 of such action and a copy of the complaint upon the department. Failure 15 to so serve a notice does not adversely affect any plaintiff's cause of 16 action. 17 2. An employee or high-volume for-hire vehicle driver need not file a 18 complaint with the department pursuant to subdivision b of section 19 20-1207 of this chapter before bringing a civil action; however, no 20 person shall file a civil action after filing a complaint with the 21 department based on the same facts unless such complaint has been with- 22 drawn or dismissed without prejudice to further action. 23 3. No person shall file a complaint with the department after filing a 24 civil action based on the same facts unless such action has been with- 25 drawn or dismissed without prejudice to further action. 26 4. The commencement or pendency of a civil action by an employee or a 27 high-volume for-hire vehicle driver does not preclude the department 28 from investigating the employer or the high-volume for-hire vehicle 29 service, or commencing, prosecuting or settling a case against the 30 employer or the high-volume for-hire vehicle service based on some or 31 all of the same violations. 32 § 8. Paragraphs 1, 2 and 3 of subdivision a and subdivision c of 33 section 20-1212 of the administrative code of the city of New York, 34 paragraphs 1, 2 and 3 of subdivision a as amended by local law number 2 35 of the city of New York for the year 2021 and subdivision c as added by 36 local law number 107 of the city of New York for the year 2017, are 37 amended to read as follows: 38 1. Where reasonable cause exists to believe that an employer or high- 39 volume for-hire vehicle service is engaged in a pattern or practice of 40 violations of this chapter, the corporation counsel may commence a civil 41 action on behalf of the city in a court of competent jurisdiction. 42 2. The corporation counsel shall commence such action by filing a 43 complaint setting forth facts relating to such pattern or practice and 44 requesting relief, which may include injunctive relief, relief [for45employees] set forth in section 20-1208 of this chapter, civil penalties 46 set forth in section 20-1209 of this chapter, and any other appropriate 47 relief. 48 3. Such action may be commenced only by the corporation counsel or 49 such other persons designated by the corporation counsel. 50 c. Civil penalty. In any civil action commenced pursuant to subdivi- 51 sion a of this section, the trier of fact may impose [a] an additional 52 civil penalty of not more than $15,000 for a finding that an employer or 53 high-volume for-hire vehicle service has engaged in a pattern or prac- 54 tice of violations of this chapter. Any civil penalty so recovered shall 55 be paid into the general fund of the city.A. 10101 6 1 § 9. Chapter 12 of title 20 of the administrative code of the city of 2 New York is amended by adding a new subchapter 8 to read as follows: 3 SUBCHAPTER 8 4 WRONGFUL DEACTIVATION OF HIGH-VOLUME FOR-HIRE VEHICLE 5 DRIVERS 6 § 20-1281 Definitions. As used in this subchapter, the following terms 7 have the following meanings: 8 1. "Account sharing" means permitting another person to use the high- 9 volume for-hire vehicle driver's taxi and limousine commission driver's 10 license, technology system login credentials, or driver platform login 11 credentials, while performing driving services for a high-volume for- 12 hire vehicle service. 13 2. "Deactivation" means: (a) an indefinite or permanent discharge, 14 termination, or layoff of a high-volume for-hire vehicle driver; or (b) 15 a revocation or restriction of a high-volume for-hire vehicle driver's 16 authorization to accept trips on a driver platform that is either 17 continuously in effect for at least seventy-two hours or consists of 18 multiple periods of revocation or restriction that total at least one 19 hundred sixty-eight hours within a one-year period. 20 3. "Driver platform" means the driver-facing application or other 21 application, service, website, or system used by a high-volume for-hire 22 vehicle driver by which a high-volume for-hire vehicle service 23 dispatches or facilitates the dispatching of passenger trips to such 24 driver for compensation. 25 4. "Driving performance data" means any data regarding a high-volume 26 for-hire vehicle driver's operation of a for-hire vehicle, including, 27 but not limited to, data recording a high-volume for-hire vehicle driv- 28 er's rates of acceleration, deceleration, braking, speed, road move- 29 ments, or any other electronic monitoring of driving performance. 30 5. "Egregious misconduct" means (a) conduct that poses an imminent 31 danger to other persons, including but not limited to violence, threats 32 to engage in violence, sexual harassment, or sexual assault or (b) 33 discrimination in violation of federal, state, or local law. 34 6. "High-volume for-hire vehicle driver" means a driver who performs 35 driving services for a high-volume for-hire vehicle service, or who 36 performs driving services for a third-party as a result of receiving a 37 dispatch or referral from a high-volume for-hire vehicle service. 38 7. "High-volume for-hire vehicle service" has the same meaning as set 39 forth in subdivision gg of section 19-502 of this code. 40 8. "Just cause" means that the high-volume for-hire vehicle driver 41 engaged in egregious misconduct, failed to satisfactorily perform their 42 job duties, or engaged in any other misconduct that is demonstrably and 43 materially harmful to the high-volume for-hire vehicle service's legiti- 44 mate business interests. 45 9. "Prior deactivation" means a deactivation that occurred during the 46 seven years prior to the effective date of this subchapter. 47 10. "Probation period" means a period of thirty calendar days begin- 48 ning on the first date that a high-volume for-hire vehicle driver 49 performs driving services for a high-volume for-hire vehicle service. 50 11. "Progressive discipline" means a disciplinary system that provides 51 for a graduated range of reasonable disciplinary measures, including but 52 not limited to warnings and further training requirements, in response 53 to a high-volume for-hire vehicle driver's misconduct or failure to 54 satisfactorily perform job duties for a high-volume for-hire vehicle 55 service, with the type of disciplinary measure varying based on the 56 frequency and degree of such misconduct or failure.A. 10101 7 1 § 20-1282 Prohibition on wrongful deactivation. 1. A high-volume for- 2 hire vehicle service shall not deactivate a high-volume for-hire vehicle 3 driver after such high-volume for-hire vehicle driver's probation period 4 with such service except for just cause, for a bona fide economic 5 reason, as described in section 20-1284 of this subchapter, or where 6 federal, state, or local law or rule requires such high-volume for-hire 7 vehicle service to deactivate such high-volume for-hire vehicle driver. 8 2. In determining whether a high-volume for-hire vehicle service has 9 deactivated a high-volume for-hire vehicle driver for just cause, a 10 fact-finder shall consider, in addition to any other relevant factors, 11 whether: 12 (a) such high-volume for-hire vehicle driver knew or should have known 13 of such high-volume for-hire vehicle service's policy, rule, or practice 14 that forms a basis for progressive discipline or such deactivation and 15 knew or should have known of the potential consequences for violation of 16 such policy, rule, or practice; 17 (b) such high-volume for-hire vehicle service's policy, rule, or prac- 18 tice that forms a basis for progressive discipline or such deactivation 19 is reasonably related to safe and efficient high-volume for-hire vehicle 20 service operations; 21 (c) such high-volume for-hire vehicle service provided relevant and 22 adequate training to such high-volume for-hire vehicle driver; 23 (d) such high-volume for-hire vehicle service's policy, rule or prac- 24 tice that forms a basis for such deactivation, including the utilization 25 of progressive discipline, was reasonable and applied consistently; 26 (e) such high-volume for-hire vehicle service undertook a fair and 27 objective investigation into the high-volume for-hire vehicle driver's 28 job performance as well as their misconduct or failure to satisfactorily 29 perform job duties; 30 (f) such deactivation is a reasonable response to such high-volume 31 for-hire vehicle driver's job performance as well as their misconduct or 32 failure to satisfactorily perform job duties and accounts for any miti- 33 gating circumstances, including but not limited to such high-volume 34 for-hire vehicle driver's past work history; and 35 (g) such high-volume for-hire vehicle driver violated the policy, rule 36 or practice or engaged in any misconduct or failure to satisfactorily 37 perform job duties that forms a basis for progressive discipline or such 38 deactivation. 39 3. Except where deactivation is for alleged egregious misconduct, a 40 deactivation of a high-volume for-hire vehicle driver shall not be 41 considered based on just cause unless a high-volume for-hire vehicle 42 service demonstrates that: 43 (a) such high-volume for-hire vehicle service has utilized progressive 44 discipline; provided, however, that such high-volume for-hire vehicle 45 service may not rely on progressive discipline issued more than one year 46 before such deactivation; and 47 (b) such high-volume for-hire vehicle service had a written policy on 48 progressive discipline that was in effect and was provided to such high- 49 volume for-hire vehicle driver. 50 4. A high-volume for-hire vehicle service shall provide the high-vo- 51 lume for-hire vehicle driver with notice of an impendent deactivation 52 fourteen days in advance of the impending deactivation, except that (a) 53 where a deactivation of a high-volume for-hire vehicle driver is for a 54 bona fide economic reason, as described in section 20-1284 of this 55 subchapter, a high-volume for-hire vehicle service shall provide, in a 56 form and manner designated by the department, an advance notice ofA. 10101 8 1 layoff to such high-volume for-hire vehicle driver at least one hundred 2 twenty days prior to such deactivation, and (b) advance notice is not 3 required where a deactivation is for egregious misconduct, account shar- 4 ing, or if there is a pattern of repeated fraudulent behavior. Such 5 advance notice shall state all the precise and detailed reasons for and 6 the effective date of such deactivation. 7 5. Such advance notice shall include information about: (a) such high- 8 volume for-hire vehicle driver's right to challenge such deactivation as 9 unlawful pursuant to this subchapter; (b) how such high-volume for-hire 10 vehicle driver may initiate an informal resolution process with such 11 high-volume for-hire vehicle service pursuant to section 20-1287 of this 12 subchapter; (c) the opportunity for such high-volume for-hire vehicle 13 driver to submit evidence to substantiate a challenge to such deacti- 14 vation; (d) such high-volume for-hire vehicle driver's right to file a 15 complaint with the department, or initiate a private action; and (e) 16 eligible high-volume for-hire vehicle drivers' rights to access unem- 17 ployment insurance. 18 6. Within five days after deactivating a high-volume for-hire vehicle 19 driver for egregious misconduct, account sharing, or if there is a 20 pattern of repeated fraudulent behavior, a high-volume for-hire vehicle 21 service shall provide, in a form and manner designated by the depart- 22 ment, a notice of deactivation to such high-volume for-hire vehicle 23 driver which contains a written explanation of all the precise and 24 detailed reasons for such deactivation and the effective date of such 25 deactivation. Such notice shall include information about: (a) such 26 high-volume for-hire vehicle driver's right to challenge such deacti- 27 vation as unlawful pursuant to this subchapter; (b) how such high-volume 28 for-hire vehicle driver may initiate an informal resolution process with 29 such high-volume for-hire vehicle service pursuant to section 20-1287 of 30 this subchapter; (c) the opportunity for such high-volume for-hire vehi- 31 cle driver to submit evidence to substantiate a challenge to such deac- 32 tivation; (d) such high-volume for-hire vehicle driver's right to file a 33 complaint with the department, or initiate a private action; and (e) 34 eligible high-volume for-hire vehicle drivers' rights to access unem- 35 ployment insurance. 36 7. This section shall not apply to any deactivation that occurred 37 prior to the effective date of this subchapter. 38 § 20-1283 Prior deactivations. 1. Within one year after the effective 39 date of this subchapter, a high-volume for-hire vehicle driver who was 40 subject to a prior deactivation by a high-volume for-hire vehicle 41 service may petition such high-volume for-hire vehicle service for rein- 42 statement or restoration of access to such high-volume for-hire vehicle 43 service's driver platform. Within thirty days after receipt of such 44 petition, such high-volume for-hire vehicle service shall reinstate or 45 restore such high-volume for-hire vehicle driver's access to such driver 46 platform, unless such prior deactivation occurred during the probation 47 period or was for just cause, for a bona fide economic reason, as 48 described in section 20-1284 of this subchapter, or required by federal, 49 state, or local law or rule. 50 2. In determining whether a prior deactivation of a high-volume for- 51 hire vehicle driver by a high-volume for-hire vehicle service was for 52 just cause, a fact-finder shall consider, in addition to any other rele- 53 vant factors, whether: 54 (a) such high-volume for-hire vehicle driver knew or should have known 55 of such high-volume for-hire vehicle service's policy, rule, or practice 56 that formed a basis for such prior deactivation and knew or should haveA. 10101 9 1 known of the potential consequences for violation of such policy, rule 2 or practice; 3 (b) such high-volume for-hire vehicle service's policy, rule, or prac- 4 tice that formed a basis for such prior deactivation was reasonably 5 related to safe and efficient high-volume for-hire vehicle service oper- 6 ations; 7 (c) such high-volume for-hire vehicle service's policy, rule or prac- 8 tice that formed a basis for such prior deactivation was reasonable and 9 applied consistently; 10 (d) such prior deactivation was a reasonable response to such high-vo- 11 lume for-hire vehicle driver's job performance as well as their miscon- 12 duct or failure to satisfactorily perform job duties and accounted for 13 any mitigating circumstances, including, but not limited to, such high- 14 volume for-hire vehicle driver's past work history; 15 (e) such high-volume for-hire vehicle driver violated the policy, 16 rule, or practice or committed the misconduct or failure to satisfac- 17 torily perform job duties that formed a basis for such prior deacti- 18 vation; and 19 (f) such high-volume for-hire vehicle service considered any exculpa- 20 tory evidence or other facts indicating that such high-volume for-hire 21 vehicle driver did not violate such high-volume for-hire vehicle 22 service's policy, rule or practice. 23 3. If a high-volume for-hire vehicle service does not reinstate or 24 restore access of a high-volume for-hire vehicle driver who was subject 25 to a prior deactivation to such high-volume for-hire vehicle service's 26 driver platform within thirty days after receipt of a petition pursuant 27 to subdivision one of this section, such high-volume for-hire vehicle 28 service shall provide a written explanation, in a form and manner desig- 29 nated by the department, to such high-volume for-hire vehicle driver of 30 all the precise and detailed reasons for such prior deactivation. Such 31 written explanation shall include information about: (a) such high-vo- 32 lume for-hire vehicle driver's right to challenge such prior deacti- 33 vation as unlawful pursuant to this subchapter; (b) how such high-volume 34 for-hire vehicle driver may initiate an informal resolution process with 35 the high-volume for-hire vehicle service pursuant to section 20-1287 of 36 this subchapter; (c) the opportunity of such high-volume for-hire vehi- 37 cle driver to submit evidence to substantiate a challenge to such prior 38 deactivation; (d) such high-volume for-hire vehicle driver's right to 39 file a complaint with the department, or initiate a private action; and 40 (e) how a high-volume for-hire vehicle driver may apply for unemployment 41 benefits. 42 4. Notwithstanding any other provision of this section, a high-volume 43 for-hire vehicle service may decline to immediately reinstate or restore 44 access to such high-volume for-hire vehicle service's driver platform to 45 a high-volume for-hire vehicle driver whose access is required to be 46 reinstated or restored pursuant to subdivision one of this section if 47 such high-volume for-hire vehicle service is not providing access to 48 such driver platform to any new high-volume for-hire vehicle driver, and 49 has not provided such access during the three months prior to the effec- 50 tive date of this subchapter. Where such high-volume for-hire vehicle 51 service declines to immediately reinstate or restore access to such 52 driver platform pursuant to this subdivision, such high-volume for-hire 53 vehicle service shall maintain a waitlist of high-volume for-hire vehi- 54 cle drivers whose access to such driver platform is required to be rein- 55 stated or restored pursuant to subdivision one of this section and rein- 56 state or restore such high-volume for-hire vehicle drivers' access toA. 10101 10 1 such driver platform, in the order in which such high-volume for-hire 2 vehicle drivers were placed on such waitlist, provided that any such 3 driver meets the minimum requirements that apply to all current high-vo- 4 lume for-hire vehicle drivers for such high-volume for-hire vehicle 5 service, prior to providing any other new high-volume for-hire vehicle 6 driver access to such driver platform. 7 § 20-1284 Bona fide economic reasons. 1. A deactivation, including a 8 prior deactivation, shall not be considered based on a bona fide econom- 9 ic reason unless supported by a high-volume for-hire vehicle service's 10 business records demonstrating that such deactivation is in response to: 11 (a) a proportionate reduction in volume of sales or profit within the 12 fiscal quarter prior to the issuance of a notice of layoff required by 13 subdivision four of section 20-1282 of this subchapter; or (b) a high- 14 volume for-hire vehicle service discontinuing its driving services in 15 the city. 16 2. (a) Deactivations of high-volume for-hire vehicle drivers based on 17 a bona fide economic reason shall be done in reverse order of seniority, 18 so that high-volume for-hire vehicle drivers with the greatest seniority 19 shall be retained the longest and reinstated or restored access to the 20 driver platform first. 21 (b) A high-volume for-hire vehicle service shall make reasonable 22 efforts to offer reinstatement or restoration of access to such high-vo- 23 lume for-hire vehicle service's driver platform to any high-volume for- 24 hire vehicle driver deactivated by such high-volume for-hire vehicle 25 service based on a bona fide economic reason within the previous three 26 years, if any, before such high-volume for-hire vehicle service may 27 provide any other new high-volume for-hire vehicle driver access to such 28 driver platform. 29 (c) This subdivision shall apply only to deactivations that occur on 30 or after the effective date of this subchapter. 31 § 20-1285 Burden of proof; evidence. 1. In any proceeding alleging a 32 violation by a high-volume for-hire vehicle service of section 20-1282 33 or section 20-1283 of this subchapter, such high-volume for-hire vehicle 34 service shall bear the burden of proving just cause and a bona fide 35 economic reason pursuant to section 20-1282 or 20-1283 of this subchap- 36 ter by a preponderance of the evidence, subject to the rules of evidence 37 as set forth in the civil practice law and rules or, where applicable, 38 the common law. 39 2. In determining whether a high-volume for-hire vehicle service had 40 just cause for a deactivation, a fact-finder may not consider any 41 reasons proffered by the high-volume for-hire vehicle service not 42 included in the notice of deactivation provided to the high-volume for- 43 hire vehicle driver pursuant to subdivision five of section 20-1282 of 44 this subchapter or the written explanation provided to the high-volume 45 for-hire vehicle driver pursuant to subdivision three of section 20-1283 46 of this subchapter. 47 3. When determining damages, the fact-finder may take into account any 48 evidence the high-volume for-hire vehicle driver submitted pursuant to 49 subdivision four or five of section 20-1282, subdivision three of 50 section 20-1283, or section 20-1287 of this subchapter, that was not 51 timely or duly considered by the high-volume for-hire vehicle service. 52 4. A high-volume for-hire vehicle driver may submit evidence in any 53 proceeding alleging a violation of this subchapter that was not provided 54 to the high-volume for-hire vehicle service pursuant to subdivision four 55 or five of section 20-1282, subdivision three of section 20-1283, or 56 section 20-1287 of this subchapter and no negative inference or conse-A. 10101 11 1 quence shall apply to a high-volume for-hire vehicle driver's decision 2 not to submit evidence pursuant to these provisions. 3 § 20-1286 Provision of data. 1. Upon the issuance of a notice of deac- 4 tivation required pursuant to subdivision five of section 20-1282 of 5 this subchapter, a high-volume for-hire vehicle service shall provide a 6 deactivated high-volume for-hire vehicle driver with information and 7 data relevant to such high-volume for-hire driver's deactivation. Such 8 information shall include, but need not be limited to: 9 (a) driving performance data specific to such high-volume for-hire 10 vehicle driver; 11 (b) all customer comments, ratings, and complaints received regarding 12 the high-volume for-hire vehicle driver; and 13 (c) anonymized and aggregated reports, covering the twelve months 14 prior to such high-volume for-hire vehicle driver's deactivation, 15 regarding discipline, including deactivation, imposed by such high-vo- 16 lume for-hire vehicle service on any other high-volume for-hire vehicle 17 drivers who engaged in the same or similar misconduct or failure to 18 satisfactorily perform job duties forming a basis for the deactivation 19 of the high-volume for-hire vehicle driver subject to such notice. 20 2. The information or data required by subdivision one of this section 21 shall be redacted to remove the personally identifiable information of 22 passengers. This requirement does not apply to any independent obli- 23 gation to produce information, including but not limited to any 24 production of information required as part of an adjudicatory hearing. 25 3. Upon the issuance of the notice required pursuant to subdivision 26 three of section 20-1283 of this subchapter, a high-volume for-hire 27 vehicle service shall provide a deactivated high-volume for-hire vehicle 28 driver with information and data relevant to such high-volume for-hire 29 driver's deactivation, including all information required under subdivi- 30 sion one of this section, to the extent that such information is avail- 31 able to such high-volume for-hire vehicle service. 32 4. For at least six years after deactivating a high-volume for-hire 33 vehicle driver, a high-volume for-hire vehicle service shall continue to 34 provide such high-volume for-hire vehicle driver with access to all 35 information and data concerning such high-volume for-hire vehicle driver 36 that such high-volume for-hire vehicle driver had access to prior to 37 deactivation, including but not limited to such high-volume for-hire 38 vehicle driver's tax and payment records. 39 § 20-1287 Informal resolution process. 1. A high-volume for-hire vehi- 40 cle service shall maintain an email address, website, or other form of 41 electronic communication through which a high-volume for-hire vehicle 42 driver or their representative may challenge such high-volume for-hire 43 vehicle driver's deactivation, prior deactivation, or impending deacti- 44 vation for which such high-volume for-hire vehicle driver received a 45 notice of layoff pursuant to subdivision four of section 20-1282, as 46 unlawful pursuant to this subchapter. Such high-volume for-hire vehicle 47 service shall provide such high-volume for-hire vehicle driver an oppor- 48 tunity to submit evidence to substantiate any such challenge and accept 49 written communications pursuant to this section in the language in which 50 they are written. 51 2. A high-volume for-hire vehicle driver may seek informal resolution 52 of a deactivation of such high-volume for-hire vehicle driver, or an 53 impending deactivation for which such high-volume for-hire vehicle driv- 54 er receives a notice of layoff pursuant to subdivision four of section 55 20-1282 of this subchapter, by a high-volume for-hire vehicle service by 56 initiating, an informal resolution process through the email address,A. 10101 12 1 website, or other form of electronic communication maintained by such 2 high-volume for-hire vehicle service pursuant to subdivision one of this 3 section, or through any other means that such high-volume for-hire vehi- 4 cle driver and such high-volume for-hire vehicle service agree to. The 5 parties shall have fifteen days after commencing such informal resol- 6 ution process to reach a resolution, unless such high-volume for-hire 7 vehicle driver and such high-volume for-hire vehicle service mutually 8 agree to a longer timeframe. If the parties resolve a challenge pursuant 9 to this subdivision, they shall memorialize such resolution in a written 10 agreement, on a form provided by the department. 11 3. The high-volume for-hire vehicle service's failure to engage in 12 good faith with the informal resolution process shall be a violation 13 subject to a civil penalty under section 20-1209 of this chapter, but 14 such violation shall not be subject to enforcement pursuant to sections 15 20-1207, 20-1208, 20-1210, 20-1211 and 20-1212 of this chapter. 16 4. After receiving a complaint pursuant to section 20-1207 of this 17 chapter alleging a violation of section 20-1282 or 20-1283 of this 18 subchapter, the department shall notify the high-volume for-hire vehicle 19 driver or such high-volume for-hire vehicle driver's representative and 20 the high-volume for-hire vehicle service that they may resolve the 21 complaint through an informal resolution process pursuant to this 22 section. 23 5. Notwithstanding any other provision of this chapter to the contra- 24 ry, the department shall not proceed with its investigation of a 25 complaint filed pursuant to section 20-1207 of this chapter alleging a 26 violation of section 20-1282 or 20-1283 of this subchapter unless (a) 27 the high-volume for-hire vehicle driver or such high-volume for-hire 28 vehicle driver's representative and the high-volume for-hire vehicle 29 service fail to reach a resolution within fifteen days after commence- 30 ment of an informal resolution process pursuant to this section, or (b) 31 the high-volume for-hire vehicle driver has opted out of the informal 32 resolution process pursuant to this section, in a form and manner speci- 33 fied by the department. 34 § 20-1288 Reporting; records; information. 1. No less than annually, 35 the department shall make available on the city's website a report on 36 deactivations and alleged violations of sections 20-1282 and 20-1283 of 37 this subchapter during the preceding calendar year. The department shall 38 promulgate rules requiring that high-volume for-hire vehicle services 39 produce anonymized, aggregated data necessary to prepare such report. 40 Such report shall include, with respect to the year preceding the 41 release of such report: (a) the number of high-volume for-hire vehicle 42 drivers each high-volume for-hire vehicle service deactivated for just 43 cause, egregious misconduct, and bona fide economic reasons; (b) the 44 number of high-volume for-hire vehicle drivers who filed complaints with 45 the department alleging violations of sections 20-1282 and 20-1283 of 46 this subchapter and the outcomes of such complaints; (c) the number of 47 high-volume for-hire vehicle drivers who initiated an informal resol- 48 ution process; (d) the number of high-volume for-hire vehicle drivers 49 who reached an informal resolution with a high-volume for-hire vehicle 50 service; (e) the number of high-volume for-hire vehicle drivers who 51 commenced arbitrations or private actions that include claims alleging 52 violations of section 20-1282 or 20-1283 of this subchapter and the 53 outcomes of such proceedings; and (f) any other information the depart- 54 ment deems relevant. Until all high-volume for-hire vehicle drivers 55 placed on a waitlist pursuant to section 20-1283 of this subchapter have 56 had their driver platform access restored, such report shall alsoA. 10101 13 1 include the number of high-volume for-hire vehicle drivers with prior 2 deactivations who petitioned a high-volume for-hire vehicle service for 3 reinstatement or restoration of their access to such high-volume for- 4 hire vehicle service's driver platform and the number of high-volume 5 for-hire vehicle drivers who were placed on a waitlist pursuant to 6 section 20-1283 of this subchapter. 7 2. A high-volume for-hire vehicle service shall retain records docu- 8 menting its compliance with the applicable requirements of this subchap- 9 ter for a period of three years and shall allow the department to access 10 such records and other information, consistent with applicable law and 11 in accordance with rules of the department and with appropriate notice, 12 in furtherance of an investigation conducted pursuant to this chapter. A 13 high-volume for-hire vehicle service shall maintain records in their 14 original format and provide such records to the department in their 15 original format or a machine-readable electronic format as set forth in 16 rules of the department. The department may promulgate rules concerning 17 the maintenance, retention, and provision by a high-volume for-hire 18 vehicle service of data necessary to the implementation and enforcement 19 of this subchapter, which may include a requirement that a high-volume 20 for-hire vehicle service adhere to a uniform system of records and 21 submit such records and other reports as the department may determine, 22 in accordance with applicable law and rules and with appropriate notice. 23 3. The failure of a high-volume for-hire vehicle service to maintain, 24 retain, or produce a record or other information required to be main- 25 tained by this chapter and requested by the department in furtherance of 26 an investigation conducted pursuant to this chapter that is relevant to 27 a material fact alleged by the department in a notice of violation 28 issued pursuant to this chapter creates a rebuttable presumption that 29 such fact is true. 30 4. To implement or enforce the provisions of this chapter, the depart- 31 ment may issue an order or subpoena for the production of data, docu- 32 ments, testimony, or other information from a high-volume for-hire vehi- 33 cle service. Such data, documents, testimony, or other information may 34 include, but are not limited to, information about the data that a high- 35 volume for-hire vehicle service monitors, collects, or stores about or 36 from a high-volume for-hire vehicle driver or passenger; information 37 about discipline imposed on a high-volume for-hire vehicle driver; and 38 any other information deemed relevant by the department. In accordance 39 with applicable law and rules and upon reasonable notice of no less than 40 fourteen days, a person who receives a request or subpoena for data, 41 documents, or other information pursuant to this section shall produce 42 such data, documents or information to the department in its original 43 format or a machine-readable electronic format as set forth in rules of 44 the department. 45 5. The department shall establish a program that provides information 46 and assistance to high-volume for-hire vehicle drivers relating to the 47 provisions of this subchapter. Such program shall include assistance by 48 a natural person by phone and email and outreach and education to the 49 public relating to the provisions of this subchapter. Such program shall 50 not provide legal advice but may provide general information and refer- 51 rals to legal service providers. The city may provide access to legal 52 services to assist a high-volume for-hire vehicle driver in challenging 53 a deactivation, or impending deactivation for which a high-volume for- 54 hire vehicle driver received a notice of layoff pursuant to subdivision 55 four of section 20-1282, as unlawful pursuant to this subchapter. The 56 mayor may designate an appropriate agency or other entity of the city toA. 10101 14 1 contract for such legal services with one or more qualified non-profit 2 legal services organizations. 3 § 20-1289 Progressive discipline policy. 1. A high-volume for-hire 4 vehicle service shall maintain a written progressive discipline policy 5 in a single writing and adhere to such policy. 6 2. The written policy required pursuant to subdivision one of this 7 section shall satisfy all requirements of this subchapter and, at a 8 minimum, address the following: 9 (a) types of misconduct by a high-volume for-hire vehicle driver that 10 may warrant discipline; 11 (b) any performance standards used to assess failure to satisfactorily 12 perform job duties by a high-volume for-hire driver; 13 (c) disciplinary measures that may be applied to a high-volume for- 14 hire vehicle driver, including but not limited to deactivation; 15 (d) procedures for notifying a high-volume for-hire vehicle driver of 16 disciplinary measures that a high-volume for-hire vehicle service 17 intends to take against such high-volume for-hire vehicle driver and 18 providing an opportunity to respond; and 19 (e) procedures for applying discipline against a high-volume for-hire 20 vehicle driver. 21 3. The written policy required pursuant to subdivision one of this 22 section shall be clear and specific such that a reasonable person can 23 understand the acts and omissions that may result in deactivation or 24 other disciplinary measures. 25 4. The written policy required pursuant to subdivision one of this 26 section shall include a notice of rights of high-volume for-hire vehicle 27 drivers that the commissioner shall publish and make available on the 28 city's website. 29 5. A high-volume for-hire vehicle service shall provide the written 30 policy required pursuant to subdivision one of this section to each 31 high-volume for-hire vehicle driver hired, retained, or engaged by such 32 high-volume for-hire vehicle service in English and in any other 33 language as the department may determine by rule. A high-volume for-hire 34 vehicle service shall provide such policy to each high-volume for-hire 35 vehicle driver no later than the effective date of this subchapter, or 36 prior to such high-volume for-hire vehicle driver's first trip, whichev- 37 er is later, in a form and manner that the department may determine by 38 rule. 39 6. A high-volume for-hire vehicle service shall notify each high-vo- 40 lume for-hire vehicle driver of any change to the written policy 41 required pursuant to subdivision one of this section at least fourteen 42 days before such change takes effect. 43 § 20-1290 Exceptions. This subchapter shall not: 44 1. Apply to the deactivation of any high-volume for-hire vehicle driv- 45 er by a high-volume for-hire vehicle service during such driver's 46 probation period with such service; 47 2. Limit or otherwise affect the applicability of any right or benefit 48 conferred upon or afforded to a high-volume for-hire vehicle driver by 49 the provisions of any other law, regulation, rule, requirement, policy, 50 or standard including but not limited to any federal, state, or local 51 law providing for protections against retaliation or discrimination; 52 3. Limit or otherwise affect the authority of the taxi and limousine 53 commission to issue, revoke, or suspend the licenses of high-volume 54 for-hire vehicle drivers; or 55 4. Limit or otherwise prevent a high-volume for-hire vehicle service 56 from deactivating a high-volume for-hire vehicle driver whose licenseA. 10101 15 1 has been revoked or from deactivating a high-volume for-hire vehicle 2 driver whose license has been suspended for the duration of the suspen- 3 sion. 4 § 10. The general business law is amended by adding a new article 48 5 to read as follows: 6 ARTICLE 48 7 WRONGFUL DEACTIVATION OF HIGH-VOLUME FOR-HIRE VEHICLE DRIVERS 8 Section 1710. Jurisdiction. 9 1711. Definitions. 10 1712. Retaliation. 11 1713. Enforcement; jurisdiction and complaint procedures. 12 1714. Administrative remedies. 13 1715. Fines payable to the state. 14 1716. Private cause of action. 15 1717. Attorney general powers. 16 1718. Prohibition on wrongful deactivation. 17 1719. Prior deactivations. 18 1720. Bona fide economic reasons. 19 1721. Burden of proof; evidence. 20 1722. Provision of data. 21 1723. Informal resolution process. 22 1724. Reporting; records; information. 23 1725. Progressive discipline policy. 24 1726. Exceptions. 25 § 1710. Jurisdiction. This article shall not apply to a city with a 26 population of one million or more. 27 § 1711. Definitions. For the purposes of this article, the following 28 terms shall have the following meanings: 29 1. "Account sharing" shall mean permitting another person to use the 30 high-volume for-hire vehicle driver's taxi and limousine commission 31 driver's license, technology system login credentials, or driver plat- 32 form login credentials, while performing driving services for a high-vo- 33 lume for-hire vehicle service. 34 2. "Deactivation" shall mean (a) an indefinite or permanent discharge, 35 termination, or layoff of a high-volume for-hire vehicle driver; or (b) 36 a revocation or restriction of a high-volume for-hire vehicle driver's 37 authorization to accept trips on a driver platform that is either 38 continuously in effect for at least seventy-two hours or consists of 39 multiple periods of revocation or restriction that total at least one 40 hundred sixty-eight hours within a one-year period. 41 3. "Office" shall mean the office of the attorney general. 42 4. "Driver platform" shall mean the driver-facing application or other 43 application, service, website, or system used by a high-volume for-hire 44 vehicle driver by which a high-volume for-hire vehicle service 45 dispatches or facilitates the dispatching of passenger trips to such 46 driver for compensation. 47 5. "Driving performance data" shall mean any data regarding a high-vo- 48 lume for-hire vehicle driver's operation of a for-hire vehicle, includ- 49 ing, but not limited to, data recording a high-volume for-hire vehicle 50 driver's rates of acceleration, deceleration, braking, speed, road move- 51 ments, or any other electronic monitoring of driving performance. 52 6. "Egregious misconduct" shall mean (a) conduct that poses an immi- 53 nent danger to other persons, including but not limited to violence, 54 threats to engage in violence, sexual harassment, or sexual assault or 55 (b) discrimination in violation of federal, state, or local law.A. 10101 16 1 7. "High-volume for-hire vehicle driver" shall mean a driver who 2 performs driving services for a high-volume for-hire vehicle service, or 3 who performs driving services for a third-party as a result of receiving 4 a dispatch or referral from a high-volume for-hire vehicle service. 5 8. "High-volume for-hire vehicle service" shall have the same meaning 6 as such term is defined in section 19-502 of the administrative code of 7 the city of New York. 8 9. "Just cause" shall mean the high-volume for-hire vehicle driver 9 engaged in egregious misconduct, failed to satisfactorily perform their 10 job duties, or engaged in any other misconduct that is demonstrably and 11 materially harmful to the high-volume for-hire vehicle service's legiti- 12 mate business interests. 13 10. "Prior deactivation" shall mean a deactivation that occurred 14 during the seven years prior to the effective date of this article. 15 11. "Probation period" shall mean a period of thirty calendar days 16 beginning on the first date that a high-volume for-hire vehicle driver 17 performs driving services for a high-volume for-hire vehicle service. 18 12. "Progressive discipline" shall mean a disciplinary system that 19 provides for a graduated range of reasonable disciplinary measures, 20 including but not limited to warnings and further training requirements, 21 in response to a high-volume for-hire vehicle driver's misconduct or 22 failure to satisfactorily perform job duties for a high-volume for-hire 23 vehicle service, with the type of disciplinary measure varying based on 24 the frequency and degree of such misconduct or failure. 25 § 1712. Retaliation. No person shall take any adverse action against a 26 high-volume for-hire vehicle driver that penalizes such high-volume 27 for-hire vehicle driver, or is reasonably likely to deter such high-vo- 28 lume for-hire vehicle driver from, exercising or attempting to exercise 29 any right protected under this article. Taking an adverse action 30 includes threatening, intimidating, disciplining, discharging, demoting, 31 suspending or harassing such high-volume for-hire vehicle driver, reduc- 32 ing the hours or pay of such high-volume for-hire vehicle driver, 33 informing another high-volume for-hire vehicle service that such high- 34 volume for-hire vehicle driver has engaged in activities protected by 35 this article, and discriminating against such high-volume for-hire vehi- 36 cle driver, including actions related to perceived immigration status or 37 work authorization. A high-volume for-hire vehicle driver need not 38 explicitly refer to this article or the rights enumerated herein to be 39 protected from retaliation. 40 § 1713. Enforcement; jurisdiction and complaint procedures. 1. The 41 attorney general shall enforce the provisions of this article. 42 2. Any person, including any organization, alleging a violation of 43 this chapter may file a complaint with the office within two years of 44 the date the person knew or should have known of the alleged violation, 45 except that (a) a complaint alleging a violation of section seventeen 46 hundred eighteen or seventeen hundred nineteen of this article may be 47 filed only by the deactivated high-volume for-hire vehicle driver or by 48 a representative of such high-volume for-hire vehicle driver, provided 49 that the high-volume for-hire vehicle driver has agreed to such repre- 50 sentation and (b) a complaint alleging a violation of section seventeen 51 hundred nineteen of this article may be filed within one year after the 52 effective date of this article. Upon receiving such a complaint, the 53 office shall investigate it. The office may open an investigation on its 54 own initiative, if resources permit. 55 3. A person or entity under investigation shall, in accordance with 56 applicable law, provide the office with information or evidence that theA. 10101 17 1 office requests pursuant to the investigation. If, as a result of an 2 investigation of a complaint or an investigation conducted upon its own 3 initiative, the office believes that a violation of this article has 4 occurred, the office may attempt to resolve it through any action 5 authorized by law. 6 4. The office shall keep the identity of any complainant confidential 7 unless disclosure is necessary to resolve the investigation or is other- 8 wise required by law, except that for complaints alleging violations of 9 section seventeen hundred eighteen or seventeen hundred nineteen of this 10 article, the office shall provide notice of the complaint and the iden- 11 tity of the complainant to the high-volume for-hire vehicle service as 12 soon as practicable. The office shall, to the extent practicable, notify 13 such complainant that the office will be disclosing the complainant's 14 identity before such disclosure. 15 § 1714. Administrative remedies. 1. (a) For each violation by a high- 16 volume for-hire vehicle service of section seventeen hundred eighteen or 17 seventeen hundred nineteen of this article, the office shall order rein- 18 statement or restoration of access to the driver platform of such high- 19 volume for-hire vehicle service by such high-volume for-hire vehicle 20 driver, unless waived by such high-volume for-hire vehicle driver. 21 (b) For each violation by a high-volume for-hire vehicle service of 22 section seventeen hundred eighteen of this article the office shall 23 order the payment of back pay to the wrongfully deactivated high-volume 24 for-hire vehicle driver, and such back pay shall be equal to the amount 25 such high-volume for-hire vehicle driver would have normally earned or 26 received from such high-volume for-hire vehicle service during the peri- 27 od of a wrongful deactivation if such wrongful deactivation had not 28 occurred, provided that: 29 (i) the office may subtract any additional amounts earned or received 30 by such high-volume for-hire vehicle driver from other work during such 31 period in excess of what such high-volume for-hire vehicle driver would 32 have normally earned or received from other work if such deactivation 33 had not occurred; 34 (ii) for purposes of this paragraph, the amount a high-volume for-hire 35 vehicle driver would have normally earned or received from a high-volume 36 for-hire vehicle service or other work over a period of deactivation 37 shall be determined based on the average daily amount such high-volume 38 for-hire vehicle driver earned or received from such high-volume for- 39 hire vehicle service or such other work over a reasonably comparable 40 period; 41 (iii) notwithstanding any provision of this subdivision to the contra- 42 ry, where a violation of section seventeen hundred eighteen of this 43 article arises from an allegation of egregious misconduct that was not 44 substantiated, back pay shall not accrue until fifteen days after the 45 date of deactivation of a high-volume for-hire vehicle driver; and 46 (iv) the office may adjust the amount of back pay owed to a high-vo- 47 lume for-hire vehicle driver, as appropriate, based on a failure by such 48 high-volume for-hire vehicle driver to make a reasonable effort to miti- 49 gate any loss of income, provided that a high-volume for-hire vehicle 50 service shall have the burden of proving by a preponderance of the 51 evidence that a driver failed to make a reasonable effort to mitigate. 52 2. For violations of this article, the office may grant the following 53 relief to a high-volume for-hire vehicle driver or former high-volume 54 for-hire vehicle driver:A. 10101 18 1 (a) all compensatory damages and other relief required to make such 2 high-volume for-hire vehicle driver or former high-volume for-hire vehi- 3 cle driver whole; 4 (b) an order directing a high-volume for-hire vehicle service to 5 comply with the requirements set forth in this article; 6 (c) for each violation of section seventeen hundred twelve of this 7 article: 8 (i) any equitable relief appropriate under the circumstances, includ- 9 ing rescission of any discipline issued, reinstatement of any deacti- 10 vated high-volume for-hire vehicle driver, and payment of back pay for 11 any loss of pay or benefits resulting from discipline or other action 12 taken in violation of section seventeen hundred twelve of this article; 13 (ii) five hundred dollars for each violation not involving deacti- 14 vation, as such term is defined in section seventeen hundred eleven of 15 this article; and 16 (iii) two thousand five hundred dollars for each violation involving 17 deactivation, as such term is defined in section seventeen hundred elev- 18 en of this article; 19 (iv) five hundred dollars for each violation of section seventeen 20 hundred eighteen of this article, rescission of any discipline issued, 21 and any other equitable relief as may be appropriate; 22 (v) five hundred dollars for each violation of section seventeen 23 hundred twenty of this article; 24 (vi) five hundred dollars for each violation of section seventeen 25 hundred twenty-two of this article; and 26 (vii) five hundred dollars for each violation of section seventeen 27 hundred twenty-five of this article. 28 3. The relief authorized by this section shall be imposed on a per 29 employee or high-volume for-hire vehicle driver and per instance basis 30 for each violation. 31 § 1715. Fines payable to the state. 1. For each violation of this 32 article, except for any violation of section seventeen hundred nineteen 33 of this article, a high-volume for-hire vehicle service is liable for a 34 penalty of five hundred dollars for the first violation and, for subse- 35 quent violations that occur within two years of any previous violation 36 of this article, up to seven hundred fifty dollars for the second 37 violation and up to one thousand dollars for each succeeding violation. 38 2. The penalties imposed pursuant to this section shall be imposed on 39 a per high-volume for-hire vehicle driver and per instance basis for 40 each violation. 41 § 1716. Private cause of action. 1. Any person, including any organ- 42 ization, alleging a violation of the following provisions of this arti- 43 cle may bring a civil action, in accordance with applicable law, in any 44 court of competent jurisdiction for the following sections: 45 (a) seventeen hundred eighteen; 46 (b) seventeen hundred nineteen; 47 (c) seventeen hundred twenty; 48 (d) seventeen hundred twenty-two; and 49 (e) seventeen hundred twenty-five. 50 2. Such court may order compensatory, injunctive and declaratory 51 relief, including the following remedies for violations of this article: 52 (a) reinstatement of any employee or high-volume for-hire vehicle 53 driver terminated in violation of section seventeen hundred twelve; 54 (b) other compensatory damages and any other relief required to make 55 the high-volume for-hire vehicle driver whole; and 56 (c) reasonable attorneys' fees and costs.A. 10101 19 1 3. For each violation of section seventeen hundred eighteen or seven- 2 teen hundred nineteen of this article, the court shall order rein- 3 statement or restoration of the driver platform access of the high-vo- 4 lume for-hire vehicle driver, unless waived by the high-volume for-hire 5 vehicle driver, and shall order the high-volume for-hire vehicle service 6 to pay the reasonable attorneys' fees and costs of the high-volume for- 7 hire vehicle driver. For each violation of section seventeen hundred 8 eighteen of this article, the court may, in addition, grant the follow- 9 ing relief: 10 (a) five hundred dollars for such high-volume for-hire vehicle driver 11 and an order directing compliance with section seventeen hundred eigh- 12 teen of this article, rescission of any discipline issued, payment of 13 back pay for any loss of pay or benefits resulting from the wrongful 14 discharge or deactivation, punitive damages, and any other equitable 15 relief as may be appropriate; and 16 (b) for each violation of section seventeen hundred eighteen of this 17 article, the court shall order back pay to be determined as set out in 18 subparagraph (ii) of paragraph (b) of subdivision two of section seven- 19 teen hundred fourteen of this article. 20 4. A civil action under this section shall be commenced within two 21 years of the date the person knew or should have known of the alleged 22 violation, except that for a violation of section seventeen hundred 23 nineteen of this article, a civil action shall be commenced within one 24 year after the effective date of this article. 25 5. (a) Any person filing a civil action shall simultaneously serve 26 notice of such action and a copy of the complaint upon the office. Fail- 27 ure to so serve a notice does not adversely affect any plaintiff's cause 28 of action. 29 (b) A high-volume for-hire vehicle driver need not file a complaint 30 with the office pursuant to subdivision two of section seventeen hundred 31 thirteen of this article before bringing a civil action; however, no 32 person shall file a civil action after filing a complaint with the 33 office based on the same facts unless such complaint has been withdrawn 34 or dismissed without prejudice to further action. 35 (c) No person shall file a complaint with the office after filing a 36 civil action based on the same facts unless such action has been with- 37 drawn or dismissed without prejudice to further action. 38 (d) The commencement or pendency of a civil action by a high-volume 39 for-hire vehicle driver does not preclude the office from investigating 40 the high-volume for-hire vehicle service, or commencing, prosecuting or 41 settling a case against the high-volume for-hire vehicle service based 42 on some or all of the same violations. 43 § 1717. Attorney general powers. 1. Where reasonable cause exists to 44 believe that a high-volume for-hire vehicle service is engaged in a 45 pattern or practice of violations of this article, the office may 46 commence a civil action on behalf of the city in a court of competent 47 jurisdiction. 48 2. The office shall commence such action by filing a complaint setting 49 forth facts relating to such pattern or practice and requesting relief, 50 which may include injunctive relief, relief set forth in section seven- 51 teen hundred fourteen of this article, civil penalties set forth in 52 section seventeen hundred fifteen of this article, and any other appro- 53 priate relief. 54 3. Such action may be commenced only by the office or such other 55 persons designated by the attorney general.A. 10101 20 1 4. In any civil action commenced pursuant to subdivision one of this 2 section, the trier of fact may impose an additional civil penalty of not 3 more than fifteen thousand dollars for a finding that a high-volume 4 for-hire vehicle service has engaged in a pattern or practice of 5 violations of this article. Any civil penalty so recovered shall be paid 6 into the general fund of the state. 7 § 1718. Prohibition on wrongful deactivation. 1. A high-volume for- 8 hire vehicle service shall not deactivate a high-volume for-hire vehicle 9 driver after such high-volume for-hire vehicle driver's probation period 10 with such service except for just cause, for a bona fide economic 11 reason, as described in section seventeen hundred twenty of this arti- 12 cle, or where federal, state, or local law or rule requires such high- 13 volume for-hire vehicle service to deactivate such high-volume for-hire 14 vehicle driver. 15 2. In determining whether a high-volume for-hire vehicle service has 16 deactivated a high-volume for-hire vehicle driver for just cause, a 17 fact-finder shall consider, in addition to any other relevant factors, 18 whether: 19 (a) such high-volume for-hire vehicle driver knew or should have known 20 of such high-volume for-hire vehicle service's policy, rule, or practice 21 that forms a basis for progressive discipline or such deactivation and 22 knew or should have known of the potential consequences for violation of 23 such policy, rule, or practice; 24 (b) such high-volume for-hire vehicle service's policy, rule, or prac- 25 tice that forms a basis for progressive discipline or such deactivation 26 is reasonably related to safe and efficient high-volume for-hire vehicle 27 service operations; 28 (c) such high-volume for-hire vehicle service provided relevant and 29 adequate training to such high-volume for-hire vehicle driver; 30 (d) such high-volume for-hire vehicle service's policy, rule or prac- 31 tice that forms a basis for such deactivation, including the utilization 32 of progressive discipline, was reasonable and applied consistently; 33 (e) such high-volume for-hire vehicle service undertook a fair and 34 objective investigation into the high-volume for-hire vehicle driver's 35 job performance as well as their misconduct or failure to satisfactorily 36 perform job duties; 37 (f) such deactivation is a reasonable response to such high-volume 38 for-hire vehicle driver's job performance as well as their misconduct or 39 failure to satisfactorily perform job duties and accounts for any miti- 40 gating circumstances, including but not limited to such high-volume 41 for-hire vehicle driver's past work history; and 42 (g) such high-volume for-hire vehicle driver violated the policy, rule 43 or practice or engaged in any misconduct or failure to satisfactorily 44 perform job duties that forms a basis for progressive discipline or such 45 deactivation. 46 3. Except where deactivation is for alleged egregious misconduct, a 47 deactivation of a high-volume for-hire vehicle driver shall not be 48 considered based on just cause unless a high-volume for-hire vehicle 49 service demonstrates that: 50 (a) such high-volume for-hire vehicle service has utilized progressive 51 discipline; provided, however, that such high-volume for-hire vehicle 52 service may not rely on progressive discipline issued more than one year 53 before such deactivation; and 54 (b) such high-volume for-hire vehicle service had a written policy on 55 progressive discipline that was in effect and was provided to such high- 56 volume for-hire vehicle driver.A. 10101 21 1 4. A high-volume for-hire vehicle service shall provide the high-vo- 2 lume for-hire vehicle driver with notice of an impendent deactivation 3 fourteen days in advance of the impending deactivation, except that (a) 4 where a deactivation of a high-volume for-hire vehicle driver is for a 5 bona fide economic reason, as described in section seventeen hundred 6 twenty of this article, a high-volume for-hire vehicle service shall 7 provide, in a form and manner designated by the office, an advance 8 notice of layoff to such high-volume for-hire vehicle driver at least 9 one hundred twenty days prior to such deactivation, and (b) advance 10 notice is not required where a deactivation is for egregious misconduct, 11 account sharing, or if there is a pattern of repeated fraudulent behav- 12 ior. 13 5. Such advance notice shall state all the precise and detailed 14 reasons for and the effective date of such deactivation. Such advance 15 notice shall include information about: (a) such high-volume for-hire 16 vehicle driver's right to challenge such deactivation as unlawful pursu- 17 ant to this article; (b) how such high-volume for-hire vehicle driver 18 may initiate an informal resolution process with such high-volume for- 19 hire vehicle service pursuant to section seventeen hundred twenty-three 20 of this article; (c) the opportunity for such high-volume for-hire vehi- 21 cle driver to submit evidence to substantiate a challenge to such deac- 22 tivation; (d) such high-volume for-hire vehicle driver's right to file a 23 complaint with the office, or initiate a private action; and (e) eligi- 24 ble high-volume for-hire vehicle drivers' rights to access unemployment 25 insurance. 26 6. Within five days after deactivating a high-volume for-hire vehicle 27 driver for egregious misconduct, account sharing, or if there is a 28 pattern of repeated fraudulent behavior, a high-volume for-hire vehicle 29 service shall provide, in a form and manner designated by the office, a 30 notice of deactivation to such high-volume for-hire vehicle driver which 31 contains a written explanation of all the precise and detailed reasons 32 for such deactivation and the effective date of such deactivation. Such 33 notice shall include information about: (a) such high-volume for-hire 34 vehicle driver's right to challenge such deactivation as unlawful pursu- 35 ant to this article; (b) how such high-volume for-hire vehicle driver 36 may initiate an informal resolution process with such high-volume for- 37 hire vehicle service pursuant to section seventeen hundred twenty-three 38 of this article; (c) the opportunity for such high-volume for-hire vehi- 39 cle driver to submit evidence to substantiate a challenge to such deac- 40 tivation; (d) such high-volume for-hire vehicle driver's right to file a 41 complaint with the office, or initiate a private action; and (e) eligi- 42 ble high-volume for-hire vehicle drivers' rights to access unemployment 43 insurance. 44 7. This section shall not apply to any deactivation that occurred 45 prior to the effective date of this article. 46 § 1719. Prior deactivations. 1. Within one year after the effective 47 date of this article, a high-volume for-hire vehicle driver who was 48 subject to a prior deactivation by a high-volume for-hire vehicle 49 service may petition such high-volume for-hire vehicle service for rein- 50 statement or restoration of access to such high-volume for-hire vehicle 51 service's driver platform. Within thirty days after receipt of such 52 petition, such high-volume for-hire vehicle service shall reinstate or 53 restore such high-volume for-hire vehicle driver's access to such driver 54 platform, unless such prior deactivation occurred during the probation 55 period or was for just cause, for a bona fide economic reason, asA. 10101 22 1 described in section seventeen hundred twenty of this article, or 2 required by federal, state, or local law or rule. 3 2. In determining whether a prior deactivation of a high-volume for- 4 hire vehicle driver by a high-volume for-hire vehicle service was for 5 just cause, a fact-finder shall consider, in addition to any other rele- 6 vant factors, whether: 7 (a) such high-volume for-hire vehicle driver knew or should have known 8 of such high-volume for-hire vehicle service's policy, rule, or practice 9 that formed a basis for such prior deactivation and knew or should have 10 known of the potential consequences for violation of such policy, rule 11 or practice; 12 (b) such high-volume for-hire vehicle service's policy, rule, or prac- 13 tice that formed a basis for such prior deactivation was reasonably 14 related to safe and efficient high-volume for-hire vehicle service oper- 15 ations; 16 (c) such high-volume for-hire vehicle service's policy, rule or prac- 17 tice that formed a basis for such prior deactivation was reasonable and 18 applied consistently; 19 (d) such prior deactivation was a reasonable response to such high-vo- 20 lume for-hire vehicle driver's job performance as well as their miscon- 21 duct or failure to satisfactorily perform job duties and accounted for 22 any mitigating circumstances, including, but not limited to, such high- 23 volume for-hire vehicle driver's past work history; 24 (e) such high-volume for-hire vehicle driver violated the policy, 25 rule, or practice or committed the misconduct or failure to satisfac- 26 torily perform job duties that formed a basis for such prior deacti- 27 vation; and 28 (f) such high-volume for-hire vehicle service considered any exculpa- 29 tory evidence or other facts indicating that such high-volume for-hire 30 vehicle driver did not violate such high-volume for-hire vehicle 31 service's policy, rule or practice. 32 3. If a high-volume for-hire vehicle service does not reinstate or 33 restore access of a high-volume for-hire vehicle driver who was subject 34 to a prior deactivation to such high-volume for-hire vehicle service's 35 driver platform within thirty days after receipt of a petition pursuant 36 to subdivision one of this section, such high-volume for-hire vehicle 37 service shall provide a written explanation, in a form and manner desig- 38 nated by the office, to such high-volume for-hire vehicle driver of all 39 the precise and detailed reasons for such prior deactivation. Such writ- 40 ten explanation shall include information about: (a) such high-volume 41 for-hire vehicle driver's right to challenge such prior deactivation as 42 unlawful pursuant to this article; (b) how such high-volume for-hire 43 vehicle driver may initiate an informal resolution process with the 44 high-volume for-hire vehicle service pursuant to section seventeen 45 hundred twenty-three of this article; (c) the opportunity of such high- 46 volume for-hire vehicle driver to submit evidence to substantiate a 47 challenge to such prior deactivation; (d) such high-volume for-hire 48 vehicle driver's right to file a complaint with the office, or initiate 49 a private action; and (e) how a high-volume for-hire vehicle driver may 50 apply for unemployment benefits. 51 4. Notwithstanding any other provision of this section, a high-volume 52 for-hire vehicle service may decline to immediately reinstate or restore 53 access to such high-volume for-hire vehicle service's driver platform to 54 a high-volume for-hire vehicle driver whose access is required to be 55 reinstated or restored pursuant to subdivision one of this section if 56 such high-volume for-hire vehicle service is not providing access toA. 10101 23 1 such driver platform to any new high-volume for-hire vehicle driver, and 2 has not provided such access during the three months prior to the effec- 3 tive date of the this section. Where such high-volume for-hire vehicle 4 service declines to immediately reinstate or restore access to such 5 driver platform pursuant to this subdivision, such high-volume for-hire 6 vehicle service shall maintain a waitlist of high-volume for-hire vehi- 7 cle drivers whose access to such driver platform is required to be rein- 8 stated or restored pursuant to subdivision one of this section and rein- 9 state or restore such high-volume for-hire vehicle drivers' access to 10 such driver platform, in the order in which such high-volume for-hire 11 vehicle drivers were placed on such waitlist, provided that any such 12 driver meets the minimum requirements that apply to all current high-vo- 13 lume for-hire vehicle drivers for such high-volume for-hire vehicle 14 service, prior to providing any other new high-volume for-hire vehicle 15 driver access to such driver platform. 16 § 1720. Bona fide economic reasons. 1. A deactivation, including a 17 prior deactivation, shall not be considered based on a bona fide econom- 18 ic reason unless supported by a high-volume for-hire vehicle service's 19 business records demonstrating that such deactivation is in response to: 20 (a) a proportionate reduction in volume of sales or profit within the 21 fiscal quarter prior to the issuance of a notice of layoff required by 22 subdivision four of section seventeen hundred eighteen of this article; 23 or (b) a high-volume for-hire vehicle service discontinuing its driving 24 services in the city. 25 2. (a) Deactivations of high-volume for-hire vehicle drivers based on 26 a bona fide economic reason shall be done in reverse order of seniority, 27 so that high-volume for-hire vehicle drivers with the greatest seniority 28 shall be retained the longest and reinstated or restored access to the 29 driver platform first. 30 (b) A high-volume for-hire vehicle service shall make reasonable 31 efforts to offer reinstatement or restoration of access to such high-vo- 32 lume for-hire vehicle service's driver platform to any high-volume for- 33 hire vehicle driver deactivated by such high-volume for-hire vehicle 34 service based on a bona fide economic reason within the previous three 35 years, if any, before such high-volume for-hire vehicle service may 36 provide any other new high-volume for-hire vehicle driver access to such 37 driver platform. 38 (c) This subdivision shall apply only to deactivations that occur on 39 or after the effective date of this section. 40 § 1721. Burden of proof; evidence. 1. In any proceeding alleging a 41 violation by a high-volume for-hire vehicle service of section seventeen 42 hundred eighteen or seventeen hundred nineteen of this article, such 43 high-volume for-hire vehicle service shall bear the burden of proving 44 just cause and a bona fide economic reason pursuant to section seventeen 45 hundred eighteen or seventeen hundred nineteen of this article, by a 46 preponderance of the evidence, subject to the rules of evidence as set 47 forth in the civil practice law and rules or, where applicable, the 48 common law. 49 2. In determining whether a high-volume for-hire vehicle service had 50 just cause for a deactivation, a fact-finder may not consider any 51 reasons proffered by the high-volume for-hire vehicle service not 52 included in the notice of deactivation provided to the high-volume for- 53 hire vehicle driver pursuant to subdivision five of section seventeen 54 hundred eighteen of this article or the written explanation provided to 55 the high-volume for-hire vehicle driver pursuant to subdivision three of 56 section seventeen hundred nineteen of this article.A. 10101 24 1 3. When determining damages, the fact-finder may take into account any 2 evidence the high-volume for-hire vehicle driver submitted pursuant to 3 subdivision four or five of section seventeen hundred eighteen, subdivi- 4 sion three of section seventeen hundred nineteen, or section seventeen 5 hundred twenty-three of this article, that was not timely or duly 6 considered by the high-volume for-hire vehicle service. 7 4. A high-volume for-hire vehicle driver may submit evidence in any 8 proceeding alleging a violation of this article that was not provided to 9 the high-volume for-hire vehicle service pursuant to subdivision four or 10 five of section seventeen hundred eighteen, subdivision three of section 11 seventeen hundred nineteen, or section seventeen hundred twenty-three of 12 this article and no negative inference or consequence shall apply to a 13 high-volume for-hire vehicle driver's decision not to submit evidence 14 pursuant to these provisions. 15 § 1722. Provision of data. 1. Upon the issuance of a notice of deacti- 16 vation required pursuant to subdivision five of section seventeen 17 hundred eighteen of this article, a high-volume for-hire vehicle service 18 shall provide a deactivated high-volume for-hire vehicle driver with 19 information and data relevant to such high-volume for-hire driver's 20 deactivation. Such information shall include, but need not be limited 21 to: 22 (a) driving performance data specific to such high-volume for-hire 23 vehicle driver; 24 (b) all customer comments, ratings, and complaints received regarding 25 the high-volume for-hire vehicle driver; and 26 (c) anonymized and aggregated reports, covering the twelve months 27 prior to such high-volume for-hire vehicle driver's deactivation, 28 regarding discipline, including deactivation, imposed by such high-vo- 29 lume for-hire vehicle service on any other high-volume for-hire vehicle 30 drivers who engaged in the same or similar misconduct or failure to 31 satisfactorily perform job duties forming a basis for the deactivation 32 of the high-volume for-hire vehicle driver subject to such notice. 33 2. The information or data required by subdivision one of this section 34 shall be redacted to remove the personally identifiable information of 35 passengers. This requirement does not apply to any independent obli- 36 gation to produce information, including but not limited to any 37 production of information required as part of an adjudicatory hearing. 38 3. Upon the issuance of the notice required pursuant to subdivision 39 three of section seventeen hundred nineteen of this article, a high-vo- 40 lume for-hire vehicle service shall provide a deactivated high-volume 41 for-hire vehicle driver with information and data relevant to such high- 42 volume for-hire driver's deactivation, including all information 43 required under subdivision one of this section, to the extent that such 44 information is available to such high-volume for-hire vehicle service. 45 4. For at least six years after deactivating a high-volume for-hire 46 vehicle driver, a high-volume for-hire vehicle service shall continue to 47 provide such high-volume for-hire vehicle driver with access to all 48 information and data concerning such high-volume for-hire vehicle driver 49 that such high-volume for-hire vehicle driver had access to prior to 50 deactivation, including but not limited to such high-volume for-hire 51 vehicle driver's tax and payment records. 52 § 1723. Informal resolution process. 1. A high-volume for-hire vehicle 53 service shall maintain an email address, website, or other form of elec- 54 tronic communication through which a high-volume for-hire vehicle driver 55 or their representative may challenge such high-volume for-hire vehicle 56 driver's deactivation, prior deactivation, or impending deactivation forA. 10101 25 1 which such high-volume for-hire vehicle driver received a notice of 2 layoff pursuant to subdivision four of section seventeen hundred eigh- 3 teen of this article, as unlawful pursuant to this article. Such high- 4 volume for-hire vehicle service shall provide such high-volume for-hire 5 vehicle driver an opportunity to submit evidence to substantiate any 6 such challenge and accept written communications pursuant to this 7 section in the language in which they are written. 8 2. A high-volume for-hire vehicle driver may seek informal resolution 9 of a deactivation of such high-volume for-hire vehicle driver, or an 10 impending deactivation for which such high-volume for-hire vehicle driv- 11 er receives a notice of layoff pursuant to subdivision four of section 12 seventeen hundred eighteen of this article, by a high-volume for-hire 13 vehicle service by initiating, an informal resolution process through 14 the email address, website, or other form of electronic communication 15 maintained by such high-volume for-hire vehicle service pursuant to 16 subdivision one of this section, or through any other means that such 17 high-volume for-hire vehicle driver and such high-volume for-hire vehi- 18 cle service agree to. The parties shall have fifteen days after 19 commencing such informal resolution process to reach a resolution, 20 unless such high-volume for-hire vehicle driver and such high-volume 21 for-hire vehicle service mutually agree to a longer timeframe. If the 22 parties resolve a challenge pursuant to this subdivision, they shall 23 memorialize such resolution in a written agreement, on a form provided 24 by the office. 25 3. The high-volume for-hire vehicle service's failure to engage in 26 good faith with the informal resolution process shall be a violation 27 subject to a civil penalty under section seventeen hundred fifteen of 28 this article, but such violation shall not be subject to enforcement 29 pursuant to sections seventeen hundred thirteen, seventeen hundred four- 30 teen, seventeen hundred sixteen and seventeen hundred seventeen of this 31 article. 32 4. After receiving a complaint pursuant to section seventeen hundred 33 thirteen of this article alleging a violation of section seventeen 34 hundred eighteen or seventeen hundred nineteen of this article, the 35 office shall notify the high-volume for-hire vehicle driver or such 36 high-volume for-hire vehicle driver's representative and the high-volume 37 for-hire vehicle service that they may resolve the complaint through an 38 informal resolution process pursuant to this section. 39 5. Notwithstanding any other provision of this chapter to the contra- 40 ry, the office shall not proceed with its investigation of a complaint 41 filed pursuant to section seventeen hundred thirteen of this article 42 alleging a violation of section seventeen hundred eighteen or seventeen 43 hundred nineteen of this article unless (i) the high-volume for-hire 44 vehicle driver or such high-volume for-hire vehicle driver's represen- 45 tative and the high-volume for-hire vehicle service fail to reach a 46 resolution within fifteen days after commencement of an informal resol- 47 ution process pursuant to this section, or (ii) the high-volume for-hire 48 vehicle driver has opted out of the informal resolution process pursuant 49 to this section, in a form and manner specified by the office. 50 § 1724. Reporting; records; information. 1. No less than annually, the 51 office shall make available on the office's website a report on deacti- 52 vations and alleged violations of section seventeen hundred eighteen or 53 seventeen hundred nineteen of this article during the preceding calendar 54 year. The office shall promulgate rules requiring that high-volume for- 55 hire vehicle services produce anonymized, aggregated data necessary to 56 prepare such report. Such report shall include, with respect to the yearA. 10101 26 1 preceding the release of such report: (a) the number of high-volume 2 for-hire vehicle drivers each high-volume for-hire vehicle service deac- 3 tivated for just cause, egregious misconduct, and bona fide economic 4 reasons; (b) the number of high-volume for-hire vehicle drivers who 5 filed complaints with the office alleging violations of section seven- 6 teen hundred eighteen or seventeen hundred nineteen of this article and 7 the outcomes of such complaints; (c) the number of high-volume for-hire 8 vehicle drivers who initiated an informal resolution process; (d) the 9 number of high-volume for-hire vehicle drivers who reached an informal 10 resolution with a high-volume for-hire vehicle service; (e) the number 11 of high-volume for-hire vehicle drivers who commenced arbitrations or 12 private actions that include claims alleging violations of section 13 seventeen hundred eighteen or seventeen hundred nineteen of this article 14 and the outcomes of such proceedings; and (f) any other information the 15 office deems relevant. Until all high-volume for-hire vehicle drivers 16 placed on a waitlist pursuant to section seventeen hundred nineteen of 17 this article have had their driver platform access restored, such report 18 shall also include the number of high-volume for-hire vehicle drivers 19 with prior deactivations who petitioned a high-volume for-hire vehicle 20 service for reinstatement or restoration of their access to such high- 21 volume for-hire vehicle service's driver platform and the number of 22 high-volume for-hire vehicle drivers who were placed on a waitlist 23 pursuant to section seventeen hundred nineteen of this article. 24 2. (a) A high-volume for-hire vehicle service shall retain records 25 documenting its compliance with the applicable requirements of this 26 article for a period of three years and shall allow the office to access 27 such records and other information, consistent with applicable law and 28 in accordance with rules of the office and with appropriate notice, in 29 furtherance of an investigation conducted pursuant to this article. A 30 high-volume for-hire vehicle service shall maintain records in their 31 original format and provide such records to the office in their original 32 format or a machine-readable electronic format as set forth in rules of 33 the office. The office may promulgate rules concerning the maintenance, 34 retention, and provision by a high-volume for-hire vehicle service of 35 data necessary to the implementation and enforcement of this article, 36 which may include a requirement that a high-volume for-hire vehicle 37 service adhere to a uniform system of records and submit such records 38 and other reports as the office may determine, in accordance with appli- 39 cable law and rules and with appropriate notice. 40 (b) The failure of a high-volume for-hire vehicle service to maintain, 41 retain, or produce a record or other information required to be main- 42 tained by this article and requested by the office in furtherance of an 43 investigation conducted pursuant to this article that is relevant to a 44 material fact alleged by the office in a notice of violation issued 45 pursuant to this article creates a rebuttable presumption that such fact 46 is true. 47 (c) To implement or enforce the provisions of this article, the office 48 may issue an order or subpoena for the production of data, documents, 49 testimony, or other information from a high-volume for-hire vehicle 50 service. Such data, documents, testimony, or other information may 51 include, but are not limited to, information about the data that a high- 52 volume for-hire vehicle service monitors, collects, or stores about or 53 from a high-volume for-hire vehicle driver or passenger; information 54 about discipline imposed on a high-volume for-hire vehicle driver; and 55 any other information deemed relevant by the office. In accordance with 56 applicable law and rules and upon reasonable notice of no less thanA. 10101 27 1 fourteen days, a person who receives a request or subpoena for data, 2 documents, or other information pursuant to this section shall produce 3 such data, documents or information to the office in its original format 4 or a machine-readable electronic format as set forth in rules of the 5 office. 6 3. The office shall establish a program that provides information and 7 assistance to high-volume for-hire vehicle drivers relating to the 8 provisions of this article. Such program shall include assistance by a 9 natural person by phone and email and outreach and education to the 10 public relating to the provisions of this article. Such program shall 11 not provide legal advice but may provide general information and refer- 12 rals to legal service providers. The state may provide access to legal 13 services to assist a high-volume for-hire vehicle driver in challenging 14 a deactivation, or impending deactivation for which a high-volume for- 15 hire vehicle driver received a notice of layoff pursuant to subdivision 16 four of section seventeen hundred eighteen, as unlawful pursuant to this 17 article. The attorney general may designate an appropriate agency or 18 other entity of the city to contract for such legal services with one or 19 more qualified non-profit legal services organizations. 20 § 1725. Progressive discipline policy. 1. A high-volume for-hire vehi- 21 cle service shall maintain a written progressive discipline policy in a 22 single writing and adhere to such policy. 23 2. The written policy required pursuant to subdivision one of this 24 section shall satisfy all requirements of this article and, at a mini- 25 mum, address the following: 26 (a) types of misconduct by a high-volume for-hire vehicle driver that 27 may warrant discipline; 28 (b) any performance standards used to assess failure to satisfactorily 29 perform job duties by a high-volume for-hire driver; 30 (c) disciplinary measures that may be applied to a high-volume for- 31 hire vehicle driver, including but not limited to deactivation; 32 (d) procedures for notifying a high-volume for-hire vehicle driver of 33 disciplinary measures that a high-volume for-hire vehicle service 34 intends to take against such high-volume for-hire vehicle driver and 35 providing an opportunity to respond; and 36 (e) procedures for applying discipline against a high-volume for-hire 37 vehicle driver. 38 3. The written policy required pursuant to subdivision one of this 39 section shall be clear and specific such that a reasonable person can 40 understand the acts and omissions that may result in deactivation or 41 other disciplinary measures. 42 4. The written policy required pursuant to subdivision one of this 43 section shall include a notice of rights of high-volume for-hire vehicle 44 drivers that the office shall publish and make available on the office's 45 website. 46 5. A high-volume for-hire vehicle service shall provide the written 47 policy required pursuant to subdivision one of this section to each 48 high-volume for-hire vehicle driver hired, retained, or engaged by such 49 high-volume for-hire vehicle service in English and in any other 50 language as the office may determine by rule. A high-volume for-hire 51 vehicle service shall provide such policy to each high-volume for-hire 52 vehicle driver no later than the effective date of this subdivision, or 53 prior to such high-volume for-hire vehicle driver's first trip, whichev- 54 er is later, in a form and manner that the office may determine by rule. 55 6. A high-volume for-hire vehicle service shall notify each high-vo- 56 lume for-hire vehicle driver of any change to the written policyA. 10101 28 1 required pursuant to subdivision one of this section at least fourteen 2 days before such change takes effect. 3 § 1726. Exceptions. This subchapter shall not: 4 1. Apply to the deactivation of any high-volume for-hire vehicle driv- 5 er by a high-volume for-hire vehicle service during such driver's 6 probation period with such service; 7 2. Limit or otherwise affect the applicability of any right or benefit 8 conferred upon or afforded to a high-volume for-hire vehicle driver by 9 the provisions of any other law, regulation, rule, requirement, policy, 10 or standard including but not limited to any federal, state, or local 11 law providing for protections against retaliation or discrimination; 12 3. Limit or otherwise affect the authority of the taxi and limousine 13 commission to issue, revoke, or suspend the licenses of high-volume 14 for-hire vehicle drivers; or 15 4. Limit or otherwise prevent a high-volume for-hire vehicle service 16 from deactivating a high-volume for-hire vehicle driver whose license 17 has been revoked or deactivating a high-volume for-hire vehicle driver 18 whose license has been suspended for the duration of the suspension. 19 § 11. This act shall take effect on the one hundred eightieth day 20 after it shall have become a law. Effective immediately, the addition, 21 amendment and/or repeal of any rule or regulation necessary for the 22 implementation of this act on its effective date are authorized to be 23 made and completed on or before such effective date.