New York State Assembly

 
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A08092 Summary:

A08092 Actions:

A08092 Committee Votes:

Committee:LABOR   Chair:Joyner      
DATE:05/11/2022AYE/NAY:27/1  Action: Favorable refer to committee Codes        
Joyner
Aye
Brabenec
Aye
Abbate
Aye
DiPietro
Nay
Colton
Aye
Byrne
Aye
Benedetto
Aye
Morinello
Aye
Hevesi
Aye
DeStefano
Aye
Bronson
Aye
Schmitt
Aye
Rozic
Aye
Durso
Aye
Simon
Aye
Giglio
Aye
Steck
Aye
Barnwell
Aye
Rosenthal
Aye
Cruz
Aye
Reyes
Aye
Ramos
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye
Taylor
Aye
Fernandez
Aye
Sillitti
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/17/2022AYE/NAY:21/0  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Montesano
Aye
Cymbrowitz
Aye
Reilly
Aye
O'Donnell
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye

Committee:RULES   Chair:Heastie      
DATE:05/23/2022AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Hawley
Aye
Nolan
Aye
Giglio
Aye
Weinstein
Aye
Blankenbush
Aye
Pretlow
Aye
Norris
Aye
Cook
Aye
Montesano
Aye
Glick
Aye
Ra
Aye
Aubry
Aye
Brabenec
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Excused

A08092 Floor Votes:

A08092 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8092B
 
SPONSOR: Reyes

 
TITLE OF BILL:
 
An act to amend the labor law, in relation to clarifying that workers
shall not be punished or subjected to discipline by employers for lawful
absences
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To ensure that it shall be retaliation for an employer to discipline
workers by assessing point or deductions from a timebank when an employ-
ee has used any legally protected absence.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of this bill amends section 215 of the labor law to clarify
that it is retaliation for an employer to discipline workers by assess-
ing points or deductions from a timebank because an employee has used
any legally protected absence.
 
Section 2 established the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Creates protections by ensuring that such assignment of points is
considered retaliation under section 215 of the labor law instead of
creating new sections of the labor and executive laws.
 
 
JUSTIFICATION:
 
Employees have the right to take legally-protected time off from their
jobs to address certain medical, caregiving, and religious needs without
penalty. Pregnant workers may need to take time off for a prenatal
check-up or to obtain emergency medical care. Workers who are caregivers
may need to stay home with a sick child or an elderly parent. Workers
who have chronic health conditions, or who suddenly become ill, may need
to seek ongoing or immediate medical attention.  Too often, however,
absence control or "no-fault" attendance policies violate workers'
rights in New York State and discourage them from taking job-protected
leave or time off to which they are entitled by law. Under such poli-
cies, employees are assessed points (also referred to as "demerits" or
"occurrences") for each absence regardless of the reason. Those points
subject workers to discipline, often including termination. Such poli-
cies may force employees to choose between taking care of their health
and keeping their job.
 
Employers maintain policies that "reliably fail to inform workers about
their legal rights to take time off without punishment for certain
illnesses, health conditions, or disabilities, or for the need to care
for an ill loved one" under state, local, and federal civil rights laws.
According to A Better Balance survey, the policies of sixty-six U.S.
employers impacting approximately eighteen million workers, more than
80% of those policies failed to make clear that employees would not
receive points for disability-related absences; many provided incomplete
or misleading information to workers regarding their right to time off
under the federal Family and Medical Leave Act (FMLA); and the majority
of the policies indicated that workert will incur points when they miss
work because they are sick. It is the intent of the New York State
Legislature to make it explicitly clear that workers shall not be
punished or subjected to discipline for lawful absences. Workers have
the right to take legally-protected time off from their jobs to address
certain medical, caregiving, and religious needs without penalty.
 
 
LEGISLATIVE HISTORY:
 
New Bill
 
 
FISCAL IMPLICATIONS:
 
Minimal fiscal implications.
 
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

A08092 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8092--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 11, 2021
                                       ___________
 
        Introduced  by M. of A. REYES, JACOBSON -- read once and referred to the
          Committee on Labor --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Labor in accordance with Assembly Rule 3,  sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the labor law, in relation to  clarifying  that  workers
          shall  not  be  punished  or  subjected to discipline by employers for
          lawful absences
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (a) of subdivision 1 of section 215 of the labor
     2  law, as amended by chapter 564 of the laws of 2010,  the  closing  para-
     3  graph  as  added  by  chapter  126  of  the  laws of 2019, is amended as
     4  follows:
     5    (a) No employer or his or her agent, or the officer or  agent  of  any
     6  corporation,  partnership,  or  limited  liability company, or any other
     7  person, shall discharge, threaten, penalize,  or  in  any  other  manner
     8  discriminate or retaliate against any employee (i) because such employee
     9  has  made  a complaint to his or her employer, or to the commissioner or
    10  his or her authorized representative, or to the attorney general or  any
    11  other  person, that the employer has engaged in conduct that the employ-
    12  ee, reasonably and in good faith, believes  violates  any  provision  of
    13  this  chapter, or any order issued by the commissioner (ii) because such
    14  employer or person believes that such employee has made a  complaint  to
    15  his  or  her  employer,  or to the commissioner or his or her authorized
    16  representative, or to the attorney general, or to any other person  that
    17  the  employer  has  violated any provision of this chapter, or any order
    18  issued by the commissioner (iii) because such employee has caused to  be
    19  instituted  or  is  about  to institute a proceeding under or related to
    20  this chapter, or (iv) because such employee has provided information  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03487-10-2
        A. 8092--B                          2
 
     1  the commissioner or his or her authorized representative or the attorney
     2  general,  or  (v)  because  such  employee  has testified or is about to
     3  testify in an investigation or proceeding under this  chapter,  or  (vi)
     4  because  such  employee  has  otherwise exercised rights protected under
     5  this chapter, or (vii) because the  employer  has  received  an  adverse
     6  determination  from  the  commissioner involving the employee, or (viii)
     7  because such employee has used any legally protected absence pursuant to
     8  federal, local, or state law.
     9    An employee complaint or other communication need  not  make  explicit
    10  reference  to  any  section  or provision of this chapter to trigger the
    11  protections of this section.
    12    As used in this section, to threaten, penalize, or in any other manner
    13  discriminate or retaliate against any employee includes; threatening  to
    14  contact or contacting United States immigration authorities or otherwise
    15  reporting  or  threatening to report an employee's suspected citizenship
    16  or immigration status or the suspected citizenship or immigration status
    17  of an employee's family or household member, as defined  in  subdivision
    18  two  of section four hundred fifty-nine-a of the social services law, to
    19  a federal, state or local agency; or assessing any demerit,  occurrence,
    20  any  other  point,  or  deductions  from an allotted bank of time, which
    21  subjects or could subject an employee to disciplinary action, which  may
    22  include  but not be limited to failure to receive a promotion or loss of
    23  pay.
    24    § 2. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law. Effective immediately, the addition, amendment and/or
    26  repeal  of  any  rule  or regulation necessary for the implementation of
    27  this act on its effective date are authorized to be made  and  completed
    28  on or before such date.