Assembly Bill A5872

2009-2010 Legislative Session

Expands the quota penalty provisions to include a ticket, summons or arrest authorized by any general, special or local law

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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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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A5872 - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §215-a, Lab L

2009-A5872 - Summary

Expands the quota penalty provisions to include a ticket, summons or arrest authorized by any general, special or local law made within a specified period of time, and quotas for stops of individuals suspected of criminal activity within a specified period of time; further provides that such employee shall not threaten an employee through a reassignment, scheduling change, adverse evaluation, constructive dismissal, denial of a promotion or the denial of overtime.

2009-A5872 - Bill Text download pdf 

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

                                  5872

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. NOLAN, GLICK, JOHN, WRIGHT -- Multi-Sponsored by
  -- M. of A. BRADLEY, COLTON, DINOWITZ, HEASTIE, KOON, McENENY --  read
  once and referred to the Committee on Labor

AN  ACT  to amend the labor law, in relation to prohibiting quotas for a
  ticket, summons or arrest authorized by any general, special or  local
  law

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

  Section 1. Section 215-a of the labor law, as amended by  chapter  166
of the laws of 1991, subdivision 3 as amended by chapter 526 of the laws
of 1991, is amended to read as follows:
  S  215-a. Discrimination against employees for failure to meet certain
ticket quotas. 1. No employer or his OR HER duly authorized agent  shall
transfer  or  in  any  other  manner  penalize OR THREATEN, EXPRESSLY OR
IMPLIEDLY, an employee as to his OR HER employment [solely because] IN A
MANNER, INCLUDING, BUT NOT LIMITED  TO,  A  REASSIGNMENT,  A  SCHEDULING
CHANGE, AN ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE DENIAL OF A
PROMOTION,  OR THE DENIAL OF OVERTIME, BASED IN WHOLE OR IN PART ON such
[employee has failed] EMPLOYEE'S FAILURE to meet a quota, established by
his OR HER employer or his OR HER duly authorized agent, of (A)  tickets
or  summonses  issued  within  a  specified period of time for [traffic]
violations [including parking, standing or stopping]  OF  PROVISIONS  OF
LAW  FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENERAL, SPECIAL
OR LOCAL LAW; OR (B) ARRESTS MADE WITHIN A SPECIFIED PERIOD OF TIME  FOR
VIOLATIONS  OF  PROVISIONS OF LAW FOR WHICH SUCH ARREST IS AUTHORIZED BY
ANY GENERAL, SPECIAL OR LOCAL LAW; OR (C) STOPS OF INDIVIDUALS SUSPECTED
OF CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME. Any employee  so
transferred  or  otherwise penalized may cause to be instituted a griev-
ance proceeding pursuant to the provisions of  a  collective  bargaining
agreement,  if  any,  or  pursuant to the provisions of section seventy-
five-a of the civil service law if no  collective  bargaining  agreement

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-01-9

co-Sponsors

multi-Sponsors

2009-A5872A (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Amd §215-a, Lab L

2009-A5872A (ACTIVE) - Summary

Expands the quota penalty provisions to include a ticket, summons or arrest authorized by any general, special or local law made within a specified period of time, and quotas for stops of individuals suspected of criminal activity within a specified period of time; further provides that such employee shall not threaten an employee through a reassignment, scheduling change, adverse evaluation, constructive dismissal, denial of a promotion or the denial of overtime.

2009-A5872A (ACTIVE) - Bill Text download pdf 

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

                                 5872--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2009
                               ___________

Introduced  by M. of A. NOLAN, GLICK, JOHN, WRIGHT -- Multi-Sponsored by
  -- M. of A.  COLTON, DINOWITZ, HEASTIE, KOON, McENENY -- read once and
  referred to the Committee on Labor -- 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 prohibiting quotas  for  a
  ticket,  summons or arrest authorized by any general, special or local
  law

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

  Section  1. Subdivisions 1 and 2 of section 215-a of the labor law, as
amended by chapter 166 of the laws of  1991,  are  amended  to  read  as
follows:
  1.  No  employer or his OR HER duly authorized agent shall transfer or
in any other manner penalize OR THREATEN,  EXPRESSLY  OR  IMPLIEDLY,  an
employee  as  to  his  OR  HER  employment [solely because] IN A MANNER,
INCLUDING, BUT NOT LIMITED TO, A REASSIGNMENT, A SCHEDULING  CHANGE,  AN
ADVERSE EVALUATION, A CONSTRUCTIVE DISMISSAL, THE DENIAL OF A PROMOTION,
OR  THE  DENIAL OF OVERTIME, BASED IN WHOLE OR IN PART ON such [employee
has failed] EMPLOYEE'S FAILURE to meet a quota, established  by  his  OR
HER  employer  or  his  OR  HER duly authorized agent, of (A) tickets or
summonses issued  within  a  specified  period  of  time  for  [traffic]
violations  [including  parking,  standing or stopping] OF PROVISIONS OF
LAW FOR WHICH A TICKET OR SUMMONS IS AUTHORIZED BY ANY GENERAL,  SPECIAL
OR  LOCAL LAW; OR (B) ARRESTS MADE WITHIN A SPECIFIED PERIOD OF TIME FOR
VIOLATIONS OF PROVISIONS OF LAW FOR WHICH SUCH ARREST IS  AUTHORIZED  BY
ANY GENERAL, SPECIAL OR LOCAL LAW; OR (C) STOPS OF INDIVIDUALS SUSPECTED
OF  CRIMINAL ACTIVITY WITHIN A SPECIFIED PERIOD OF TIME. Any employee so
transferred or otherwise penalized may cause to be instituted  a  griev-
ance  proceeding  pursuant  to the provisions of a collective bargaining

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-05-0

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