Provides that an employee whose position is eliminated for certain reasons and who is subsequently transferred to a different agency be entitled to the same hourly salary; retain all accrued sick leave; retain, cash out or use all accrued vacation time; and be paid relocation expenses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2140
SPONSOR: Colton (MS) TITLE OF BILL:
An act to amend the labor law, in relation to requiring that state agen-
cies must protect salary and benefits of employees whose positions are
eliminated as a result of privatization, reorganization, closure or a
reduction in work force
PURPOSE OR GENERAL IDEA OF BILL:
To protect the salaries and benefits of employees of state agencies
whose positions are being eliminated.
SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new Section 202-i, to provide that any employee, whose
position is lost due to certain reasons and is transferred to a differ-
ent position in a state agency, is entitled to the same salary and bene-
fits in the new position.
JUSTIFICATION:
This bill offers protection to state employees whose jobs may be elimi-
nated for reasons beyond their control. This bill will help ensure that
these employees still maintain the same hourly salary and benefits if
their position is eliminated because of privatization, reorganization,
closure or a reduction in work force. In 2005 the Department of Labor
commenced the closure of offices in New York City. The DOL offered these
employees positions in Troy, New York, 150 miles from New York City.
Those who contemplated moving would have to bear certain costs associ-
ated with the move. This legislation would allow employees to switch
positions while limiting the employees' inconvenience.
PRIOR LEGISLATIVE HISTORY:
2013-14: A.1256/Labor 2011-12: A.2298/Labor
2009-10: A.4850/Labor/Ways & Means
2007-08: A.2882/Labor/Ways & Means
2006: A.11201/Labor
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2140
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. COLTON, COOK, FALL, RIVERA, McDONOUGH, HYNDMAN,
STECK, CRUZ, DeSTEFANO, EPSTEIN -- Multi-Sponsored by -- M. of A.
WALKER -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring that state agen-
cies must protect salary and benefits of employees whose positions are
eliminated as a result of privatization, reorganization, closure or a
reduction in work force
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The labor law is amended by adding a new section 202-n to
2 read as follows:
3 § 202-n. Salary and benefits protection - employee transfer. An
4 employee whose position is eliminated as a result of privatization,
5 reorganization of an agency, closure of or a reduction in force at an
6 agency, or other actions by the legislature and who is subsequently
7 transferred to a different position in a state agency is entitled to:
8 1. the same hourly salary as previously received if the new position
9 is at the same grade level or higher as the one previously held;
10 2. retain all accrued sick leave credits;
11 3. retain, cash out, or use accrued vacation leave credits to extend
12 the employee's effective layoff date; and
13 4. relocation expenses which must be paid by the hiring agency.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01712-01-3
