Assembly Bill A5644

2009-2010 Legislative Session

Creates the protecting English in the workplace act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A5644 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง296, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A6523

2009-A5644 (ACTIVE) - Summary

Creates the protecting English in the workplace act which specifies that it is not unlawful to require workers to speak English while engaged in work-related duties.

2009-A5644 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5644

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of A. KOLB, BURLING, BUTLER, ERRIGO, FINCH -- Multi-
  Sponsored by -- M. of A.  CALHOUN -- read once  and  referred  to  the
  Committee on Governmental Operations

AN  ACT to amend the executive law, in relation to creating the protect-
  ing English in the workplace act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "protecting English in the workplace act".
  S 2. Section 296 of the executive law  is  amended  by  adding  a  new
subdivision 21 to read as follows:
  21.  (A)  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, IT SHALL NOT
BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER, EMPLOYMENT AGEN-
CY, LABOR ORGANIZATION OR JOINT LABOR-MANAGEMENT COMMITTEE TO REQUIRE AN
EMPLOYEE TO SPEAK, OR AN APPLICANT FOR  EMPLOYMENT  TO  AGREE  TO  SPEAK
ENGLISH WHILE ENGAGED IN WORK-RELATED DUTIES.
  (B) AN INDIVIDUAL SHALL NOT BE CONSIDERED TO BE ENGAGED IN WORK DURING
A  BONA FIDE MEAL PERIOD, A REST PERIOD, OR ANY OTHER BREAK DURING WHICH
THE INDIVIDUAL IS NOT REQUIRED TO PERFORM WORK-RELATED DUTIES. THE TERMS
"BONA FIDE MEAL PERIOD" AND "REST PERIOD" SHALL HAVE THE  SAME  MEANINGS
AS DEFINED BY SECTION 785.19 OF TITLE 29, CODE OF FEDERAL REGULATIONS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to acts
or refusals to act alleged to have occurred on and after such  effective
date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06062-01-9

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