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Assembly Bill A5641

2009-2010 Legislative Session

Provides an employee who is absent from employment to serve as a juror the right to bring a civil action against an employer who discharges or penalizes employee

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Archive: Last Bill Status - In Assembly Committee

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2009-A5641 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง519, Judy L
Versions Introduced in 2011-2012 Legislative Session:
A4194

2009-A5641 (ACTIVE) - Summary

Provides an employee who is absent from employment to serve as a juror the right to bring a civil action against an employer who discharges or penalizes such employee; remedies include reinstatement and payment of lost compensation; provides for a one year period of limitations for such action.

2009-A5641 (ACTIVE) - Bill Text download pdf 

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

                                  5641

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced by M. of A. ESPAILLAT, PERALTA -- Multi-Sponsored by -- M. of
  A. BOYLAND, COLTON, DIAZ, GOTTFRIED, HOOPER, ROBINSON -- read once and
  referred to the Committee on Judiciary

AN  ACT to amend the judiciary law, in relation to providing an employee
  who is absent from employment to serve as a juror the right to bring a
  civil action against an employer  who  discharges  or  penalizes  such
  employee

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

  Section 1.  The opening paragraph of section 519 of the judiciary  law
is  designated subdivision 1 and a new subdivision 2 is added to read as
follows:
  2. IN ADDITION TO THE PENALTY PROVIDED  IN  SUBDIVISION  ONE  OF  THIS
SECTION,  A  PERSON  MAY  BRING  A  CIVIL ACTION IN A COURT OF COMPETENT
JURISDICTION AGAINST ANY EMPLOYER OR PERSON ALLEGED TO HAVE VIOLATED THE
PROVISIONS OF  THIS  SECTION.  THE  COURT  SHALL  HAVE  JURISDICTION  TO
RESTRAIN VIOLATIONS OF THIS SECTION AND TO ORDER ALL APPROPRIATE RELIEF,
INCLUDING REHIRING OR REINSTATEMENT OF THE EMPLOYEE TO HIS OR HER FORMER
POSITION  WITH RESTORATION OF FULL FRINGE BENEFITS AND SENIORITY RIGHTS,
PAYMENT OF LOST COMPENSATION, INCLUDING WAGES AND BENEFITS, DAMAGES, AND
REASONABLE ATTORNEYS' FEES. AN ACTION UNDER  THIS  SUBDIVISION  MUST  BE
COMMENCED WITHIN ONE YEAR.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09085-01-9

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