Relates to flexible working arrangements; provides that employees may submit a request for flexible working arrangements in good faith; requires the employer to notify the employee of the decision; prohibits employers from retaliating against employees for exercising rights under the section.
STATE OF NEW YORK
________________________________________________________________________
3055
2015-2016 Regular Sessions
IN ASSEMBLY
January 21, 2015
___________
Introduced by M. of A. ROZIC, BARRETT, BUCHWALD, CLARK, GOTTFRIED,
HEASTIE, HIKIND, HOOPER, MOSLEY, ROBINSON, ROSENTHAL, SCARBOROUGH,
WRIGHT -- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, CAMARA,
COOK, GLICK, PERRY, RIVERA, ROBERTS -- read once and referred to the
Committee on Labor
AN ACT to amend the labor law, in relation to flexible working arrange-
ments
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 171 to
2 read as follows:
3 § 171. Flexible working arrangement. 1. Definitions. a. For the
4 purposes of this section, "flexible working arrangement" shall mean
5 intermediate or long-term changes in the employee's regular working
6 arrangements, including but not limited to, changes in the number of
7 days or hours worked, changes in the time the employee arrives at or
8 departs from work, work from home, or job-sharing. "Flexible working
9 arrangement" shall not include vacation, routine scheduling of shifts,
10 or another form of employee leave.
11 b. For the purposes of this section, "inconsistent with business oper-
12 ations" shall mean a determination by the employer based on the follow-
13 ing considerations: (i) the burden on an employer of undue additional
14 costs; (ii) a legitimate or practical detrimental effect on aggregate
15 employee morale unrelated to discrimination or other unlawful employment
16 practices; (iii) a legitimate or practical detrimental effect on the
17 ability of an employer to meet consumer demand; (iv) a significant
18 inability to reorganize work among existing staff; (v) a legitimate or
19 practical inability to recruit additional staff; (vi) a significant
20 detrimental impact on business quality or business performance; (vii) an
21 insufficiency of work during the periods the employee proposes to work;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01726-02-5
A. 3055 2
1 (viii) planned structural changes to the business; and (ix) any other
2 reasons as specified by the commissioner.
3 2. An employee may request a flexible working arrangement that meets
4 the needs of the employer and employee. The employer shall consider a
5 request using the procedures in this section when the employee asks the
6 employer on an as-needed basis.
7 3. The employer shall discuss the request for a flexible working
8 arrangement with the employee. The employer and employee may propose
9 alternative arrangements during the discussion. The employer shall
10 consider the employee's request for a flexible working arrangement and
11 whether the request could be granted in a manner that is not inconsist-
12 ent with its business operations or its legal or contractual obli-
13 gations.
14 4. The employer shall notify the employee of the decision regarding
15 the request in a timely manner. If the request was submitted in writing,
16 the employer shall state any complete or partial denial of the request
17 in writing, citing the reason as to denying the request.
18 5. This section shall not diminish any employment rights or agreements
19 pursuant to a collective bargaining agreement. An employer may institute
20 a flexible working arrangement policy that is more generous than is
21 provided by this section.
22 6. An employer shall not retaliate against an employee exercising his
23 or her rights under this section.
24 7. Nothing in this section shall affect any legal rights an employer
25 or employee may have under applicable law to create, terminate, or modi-
26 fy a flexible working arrangement.
27 8. Nothing in this section shall require an employer to accept the
28 flexible work arrangement of the employee.
29 9. a. The commissioner or a representative authorized by the commis-
30 sioner shall have the power to (i) investigate any complaint regarding a
31 violation of this section filed by any employee; person or organization
32 acting on the employee's behalf; or the recognized and certified collec-
33 tive bargaining agent acting on the employee's behalf; and (ii) examine
34 and inspect the records of any employer in conjunction with such an
35 investigation.
36 b. The commissioner may bring an action against an employer for fail-
37 ure to adhere to the provisions of this section, including injunctive
38 relief to enjoin future conduct.
39 c. Any employer who violates the provisions of this section shall
40 forfeit to the people of the state a sum of five hundred dollars for
41 each violation, to be recovered by the commissioner in any legal action
42 taken pursuant to this subdivision.
43 10. The commissioner shall promulgate rules and regulations within one
44 hundred twenty days of the effective date of this section for the imple-
45 mentation of this section.
46 § 2. This act shall take effect immediately.
