S03266 Summary:
| BILL NO | S03266A |
| SAME AS | SAME AS A01801-A |
| SPONSOR | HOYLMAN-SIGAL |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§519 & 750, Judy L; amd §215, Lab L | |
| Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service. | |
S03266 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 3266--A Cal. No. 410 2023-2024 Regular Sessions IN SENATE January 30, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the judiciary law and the labor law, in relation to creating additional remedies for unlawful discharge, penalty or discrimination on account of the exercise of a juror's right to be absent from employment for jury duty The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 519 of the judiciary law, as added by chapter 85 2 of the laws of 1995, is amended to read as follows: 3 § 519. Right of juror to be absent from employment. Any person who is 4 summoned to serve as a juror under the provisions of this article and 5 who notifies his or her employer to that effect prior to the commence- 6 ment of a term of service shall not, on account of absence from employ- 7 ment by reason of such jury service, be subject to discharge [or], 8 penalty, or discrimination in any other manner. An employer may, howev- 9 er, withhold wages of any such employee serving as a juror during the 10 period of such service; provided that an employer who employs more than 11 ten employees shall not withhold the first forty dollars of such juror's 12 daily wages during the first three days of jury service. Withholding of 13 wages in accordance with this section shall not be deemed a penalty or 14 discrimination in any other manner. Violation of this section shall 15 constitute a criminal contempt of court punishable pursuant to section 16 seven hundred fifty of this chapter and shall also constitute a 17 violation of section two hundred fifteen of the labor law and be subject 18 to the civil penalties and civil action provided for thereunder. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04982-02-3S. 3266--A 2 1 § 2. Paragraph 7 of subdivision A of section 750 of the judiciary law, 2 as amended by chapter 823 of the laws of 1982, is amended to read as 3 follows: 4 7. Wilful failure to obey any mandate, process, or notice issued 5 pursuant to [articles] article sixteen[, seventeen, eighteen, eighteen-a6or eighteen-b] of [the judiciary law] this chapter, or to rules adopted 7 pursuant thereto, or to any other statute relating thereto, or refusal 8 to be sworn as provided therein, or subjection of an employee to 9 discharge [or], penalty, or discrimination in any other manner on 10 account of his or her absence from employment by reason of jury or 11 subpoenaed witness service in violation of this chapter or section 12 215.11 of the penal law. Applications to punish the accused for a 13 contempt specified in this subdivision may be made by notice of motion 14 or by order to show cause, and shall be made returnable at the term of 15 the supreme court at which contested motions are heard, or of the county 16 court if the supreme court is not in session. 17 § 3. Section 215 of the labor law, as amended by chapter 564 of the 18 laws of 2010, paragraph (a) of subdivision 1 as amended by chapter 604 19 of the laws of 2022, paragraph (b) of subdivision 1 and paragraph (a) of 20 subdivision 2 as amended by chapter 537 of the laws of 2014, is amended 21 to read as follows: 22 § 215. [Penalties] Civil penalties and civil action; prohibited retal- 23 iation. 1. (a) No employer or his or her agent, or the officer or agent 24 of any corporation, partnership, or limited liability company, or any 25 other person, shall discharge, threaten, penalize, or in any other 26 manner discriminate or retaliate against any employee (i) because such 27 employee has made a complaint to his or her employer, or to the commis- 28 sioner or his or her authorized representative, or to the attorney 29 general or any other person, that the employer has engaged in conduct 30 that the employee, reasonably and in good faith, believes violates any 31 provision of this chapter, or any order issued by the commissioner (ii) 32 because such employer or person believes that such employee has made a 33 complaint to his or her employer, or to the commissioner or his or her 34 authorized representative, or to the attorney general, or to any other 35 person that the employer has violated any provision of this chapter, or 36 any order issued by the commissioner (iii) because such employee has 37 caused to be instituted or is about to institute a proceeding under or 38 related to this chapter, or (iv) because such employee has provided 39 information to the commissioner or his or her authorized representative 40 or the attorney general, or (v) because such employee has testified or 41 is about to testify in an investigation or proceeding under this chap- 42 ter, or (vi) because such employee has otherwise exercised rights 43 protected under this chapter, or (vii) because the employer has received 44 an adverse determination from the commissioner involving the employee, 45 or (viii) because such employee has used any legally protected absence 46 pursuant to federal, local, or state law, including because such employ- 47 ee has exercised his or her right to be absent from employment 48 pursuant to section five hundred nineteen of the judiciary law by reason 49 of jury service. 50 An employee complaint or other communication need not make explicit 51 reference to any section or provision of this chapter to trigger the 52 protections of this section. 53 As used in this section, to threaten, penalize, or in any other manner 54 discriminate or retaliate against any employee includes; threatening to 55 contact or contacting United States immigration authorities or otherwise 56 reporting or threatening to report an employee's suspected citizenshipS. 3266--A 3 1 or immigration status or the suspected citizenship or immigration status 2 of an employee's family or household member, as defined in subdivision 3 two of section four hundred fifty-nine-a of the social services law, to 4 a federal, state or local agency; or assessing any demerit, occurrence, 5 any other point, or deductions from an allotted bank of time, which 6 subjects or could subject an employee to disciplinary action, which may 7 include but not be limited to failure to receive a promotion or loss of 8 pay. 9 (b) If after investigation the commissioner finds that an employer or 10 person has violated any provision of this section, the commissioner may, 11 by an order which shall describe particularly the nature of the 12 violation, assess the employer or person a civil penalty of not less 13 than one thousand nor more than ten thousand dollars provided, however, 14 that if the commissioner finds that the employer has violated the 15 provisions of this section in the preceding six years, he or she may 16 assess a civil penalty of not less than one thousand nor more than twen- 17 ty thousand dollars. The commissioner may also order all appropriate 18 relief including enjoining the conduct of any person or employer; order- 19 ing payment of liquidated damages to the employee by the person or enti- 20 ty in violation; and, where the person or entity in violation is an 21 employer ordering rehiring or reinstatement of the employee to his or 22 her former position or an equivalent position, and an award of lost 23 compensation or an award of front pay in lieu of reinstatement and an 24 award of lost compensation. Liquidated damages shall be calculated as an 25 amount not more than twenty thousand dollars. The commissioner may 26 assess liquidated damages on behalf of every employee aggrieved under 27 this section, in addition to any other remedies permitted by this 28 section. 29 (c) The provisions of section two hundred thirteen of this article 30 shall not apply to the violations specified in this section. 31 (d) This section shall not apply to employees of the state or any 32 municipal subdivisions or departments thereof. 33 2. (a) [An] In addition to the civil penalties provided for under 34 subdivision one of this section, an employee may bring a civil action in 35 a court of competent jurisdiction against any employer or persons 36 alleged to have violated the provisions of this section. The court shall 37 have jurisdiction to restrain violations of this section, within two 38 years after such violation, regardless of the dates of employment of the 39 employee, and to order all appropriate relief, including enjoining the 40 conduct of any person or employer; ordering payment of liquidated 41 damages, costs and reasonable attorneys' fees to the employee by the 42 person or entity in violation; and, where the person or entity in 43 violation is an employer, ordering rehiring or reinstatement of the 44 employee to his or her former position with restoration of seniority or 45 an award of front pay in lieu of reinstatement, and an award of lost 46 compensation and damages, costs and reasonable attorneys' fees. Liqui- 47 dated damages shall be calculated as an amount not more than twenty 48 thousand dollars. The court shall award liquidated damages to every 49 employee aggrieved under this section, in addition to any other remedies 50 permitted by this section. The statute of limitations shall be tolled 51 from the date an employee files a complaint with the commissioner or the 52 commissioner commences an investigation, whichever is earlier, until an 53 order to comply issued by the commissioner becomes final, or where the 54 commissioner does not issue an order, until the date on which the 55 commissioner notifies the complainant that the investigation has 56 concluded. Investigation by the commissioner shall not be a prerequisiteS. 3266--A 4 1 to nor a bar against a person bringing a civil action under this 2 section. 3 (b) At or before the commencement of any action under this section, 4 notice thereof shall be served upon the attorney general by the employ- 5 ee. 6 3. Any employer or his or her agent, or the officer or agent of any 7 corporation, partnership, or limited liability company, or any other 8 person who violates subdivision one of this section shall be guilty of a 9 class B misdemeanor. 10 § 4. This act shall take effect on the thirtieth day after it shall 11 have become a law.