Assembly Bill A6729

Signed By Governor
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 Via S2956 - Signed by Governor

  • 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

2009-A6729 - Details

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

2009-A6729 - 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-A6729 - Bill Text download pdf 

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

                                  6729

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M. of A. JOHN -- 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
exists. Any employee so transferred  or  otherwise  penalized  shall  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-02-9

co-Sponsors

2009-A6729A (ACTIVE) - Details

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

2009-A6729A (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-A6729A (ACTIVE) - Bill Text download pdf 

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

                                 6729--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of A. JOHN, PERRY, ESPAILLAT, AUBRY -- 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.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-04-0

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