Establishes an essential workers' bill of rights; provides that all employers shall provide essential workers with personal protective equipment, inform such workers of exposure to any disease related to a state disaster emergency, and not retaliate for any report of an unsafe work environment; provides certain employers shall make hazard payments and cover the costs of any child care or health care needed by such essential workers for the duration of the state disaster emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10437
SPONSOR: Rules (Rozic) TITLE OF BILL:
An act to amend the labor law, in relation to establishing an essential
workers' bill of rights
PURPOSE:
To ensure rights, protection and hazard pay for essential workers during
a state of emergency.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the labor Jaw to adding section 202-n.
Subsection 1 defines: "essential workers."
Subsection 2 requires that during a state of emergency, employers of
essential workers must implement the essential workers' bill of rights
including the following:
* Employers must provide adequate personal protective equipment and
products at no cost to the workers;
* Employers must inform essential workers when an employee has
contracted a disease related to such state disaster emergency and of a
worker's potential exposure to disease;
* Employers may not retaliate or discriminate against an essential work-
er:for reporting any unsafe work environment; Subsection 3:
* Defines: "employer," "formula retail store," "large employer," "manu-
facturing," "not-for-profit organization," "transportation business,"
"franchisee or subcontractor."
* Directs the Labor Commissioner to direct employers who meet the
requirements of this subdivision to make hazard payments to essential
workers during a state disaster emergency. The payments will be a
percentage or a fixed dollar amount, as prescribed by the commissioner.
No hazard payment will exceed twenty-five thousand dollars in any year
for any essential worker earning less than two hundred thousand dollars
per year or five thousand dollars for any essential worker earning more
than two hundred thousand dollars. Hazard payments will be in addition
to and not be part of an essential worker's basic annual salary, and
will not affect any performance advancement payments, performance
awards, longevity payments or other rights or benefits to which an
essential worker may be entitled. A hazard payment shall be terminated
upon the cessation of the state disaster emergency.
* Directs employers to cover the costs of any child care or health care
needed by essential workers during the duration of the state disaster
emergency.
Section 2 is the effective date. Scanned with CamScanner
JUSTIFICATION:
During an unprecedented pandemic or state of emergency, many essential
workers continue to go to work exposing themselves to high-risk condi-
tions without appropriate protective equipment, adequate safety stand-
ards, proper health care and childcare or basic job protections. This
leaves them susceptible to contracting contagions and other dangers at a
higher rate than the general public. For example, during the first few
months of the COVID-1 9 pandemic in the United States, the Occupational
Safety and Health Administration (OSHA) received more than 3,000 worker
complaints regarding the coronavirus between January 2020 and April 2020
outlining the fear and danger essential workers faced on a daily basi-
sill. Complaints highlighted the lack of personal protective equipment,
the lack of transparency regarding coworkers testing positive for the
virus, and inadequate pay. To date, there have been patchwork
suggestions issued at the federal state and local levels; but no wide-
spread regulations to ensure the safety and wellbeing of essential work-
ers.
This legislation would require employers of essential workers as defined
by the Governor Cuomo's Executive Order 202.6 of 2020 to implement an
essential workers' bill of rights that
* Would ensure workers have adequate personal protective equipment *
Would mandate that employers inform workers when an employee has
contracted a disease related to the state of emergency and of a worker's
potential exposure to disease;
* Would prevent employers from retaliating or discriminating against an
essential worker for reporting any unsafe work environment;
* Certain large employers would also be required to cover the costs of
any child care or health care needed by essential workers during the
duration of the state of emergency and pay essential workers a payment
that is a percentage or a fixed dollar amount, set by the Labor Commis-
sioner. The benefit would be capped at:$25,000 for workers earning less
than $200,000 per year and at $5,000 for those earning more than
$200,000. Small businesses, manufacturers, and non-profits would be
exempt from this requirement.
PRIOR LEGISLATIVE HISTORY:
This is a new bill in the Assembly.
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
://www_washingtonpostcomibusines/2020104116/ osha-cdronavirus-com-
plaintst Scanned with CarnScanner
STATE OF NEW YORK
________________________________________________________________________
10437
IN ASSEMBLY
May 11, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rozic) --
read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to establishing an essential
workers' bill of rights
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. Essential workers' bill of rights. 1. For the purposes of
4 this section, "essential worker" means any employee of a business or
5 entity providing essential services or functions during any state disas-
6 ter emergency declared pursuant to article two-B of the executive law
7 and designated as an essential worker pursuant to any law, rule, regu-
8 lation or executive order including but not limited to essential health
9 care operations including research and laboratory services; essential
10 infrastructure including utilities, telecommunication, airports and
11 transportation infrastructure; essential manufacturing, including food
12 processing and pharmaceuticals; essential retail including grocery
13 stores and pharmacies; essential services including trash collection,
14 mail, and shipping services; news media; banks and related financial
15 institutions; providers of basic necessities to economically disadvan-
16 taged populations; construction; vendors of essential services necessary
17 to maintain the safety, sanitation and essential operations of resi-
18 dences or other essential businesses; vendors that provide essential
19 services or products, including logistics and technology support, child
20 care and services needed to ensure the continuing operation of govern-
21 ment agencies and provide for the health, safety and welfare of the
22 public.
23 2. During a state disaster emergency, all employers of essential work-
24 ers shall adopt and implement the following essential workers' bill of
25 rights which shall be distributed to essential workers, made available
26 on each employer's website, and shall include links or information to
27 file a report and seek a response from such employer or the state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16175-03-0
A. 10437 2
1 regarding any unsafe work environment or failure to meet the require-
2 ments of this section:
3 (a) all employers shall provide essential workers with adequate
4 personal protective equipment and products at no cost to such workers,
5 including but not limited to hand sanitizer, medical or surgical masks,
6 medical or surgical gloves, disposable gowns and any other equipment or
7 product identified in emergency regulations promulgated by the commis-
8 sioner, in consultation with the commissioner of health;
9 (b) all employers shall inform essential workers when an employee has
10 contracted a disease related to such state disaster emergency and of a
11 worker's potential exposure to disease; and
12 (c) no employer shall retaliate or discriminate against an essential
13 worker for reporting any unsafe work environment.
14 3. (a) For the purposes of this subdivision:
15 (i) "employer" means a formula retail store, large employer, transpor-
16 tation business, or franchisee or subcontractor, and includes any indi-
17 vidual, partnership, association, corporation, limited liability compa-
18 ny, business trust, legal representative, or any organized group of
19 persons acting as such an employer;
20 (ii) "formula retail store" means any employer that operates a retail
21 sales or restaurant establishment either directly or through franchisees
22 and that, along with eleven or more other retail sales or restaurant
23 establishments located in the United States, maintains two or more of
24 the following features: (A) a standardized array of merchandise, a
25 standardized facade, a standardized decor and color scheme, a uniform
26 apparel, standardized signage, a trademark; or (B) a servicemark;
27 (iii) "large employer" means any employer that has annual gross reven-
28 ue of fifty million dollars or more, but shall not include (A) an
29 employer whose principal industry is manufacturing; or (B) a not-for-
30 profit organization. An employer shall be deemed to have annual gross
31 revenue of fifty million dollars or more if it had revenue at or exceed-
32 ing that level in any of the past three fiscal or calendar years;
33 (iv) "manufacturing" means the process of working raw materials into
34 products suitable for use or which gives new shapes, new quality or new
35 combinations to matter which has already gone through some artificial
36 process by the use of machinery, tools, appliances, or other similar
37 equipment;
38 (v) "not-for-profit organization" means an entity exempt from taxation
39 under section 501(c)(3) of the federal internal revenue code;
40 (vi) "transportation business" means any industry, business, or estab-
41 lishment operated for the purpose of conveying persons or property from
42 one place to another whether by rail, highway, air, or water, and all
43 operations and services in connection therewith; and
44 (vii) "franchisee or subcontractor" means any employer that operates
45 under a franchise agreement with a formula retail store or large employ-
46 er, or that provides services, including but not limited to janitorial,
47 maintenance, security, staffing, passenger services, food services, or
48 temporary services to a formula retail store, large employer, or trans-
49 portation business.
50 (b) An employer meeting the requirements of this subdivision shall
51 also include in its essential workers' bill of rights:
52 (i) hazard payments for its essential workers. An employer of essen-
53 tial workers shall make such hazard payments at the direction of the
54 commissioner. Such payment shall be a percentage or a fixed dollar
55 amount, as prescribed by the commissioner, provided, however, no hazard
56 payment shall exceed twenty-five thousand dollars in any year for any
A. 10437 3
1 essential worker earning less than two hundred thousand dollars per year
2 or five thousand dollars for any essential worker earning more than two
3 hundred thousand dollars. Such payments shall be in addition to and
4 shall not be part of an essential worker's basic annual salary, and
5 shall not affect or impair any performance advancement payments,
6 performance awards, longevity payments or other rights or benefits to
7 which an essential worker may be entitled. A hazard payment shall be
8 terminated upon the cessation of the state disaster emergency; and
9 (ii) payment of the costs of any child care or health care needed by
10 such essential workers for the duration of the state disaster emergency.
11 § 2. This act shall take effect immediately.
