Senate Bill S2956

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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-S2956 - Details

See Assembly Version of this Bill:
A6729
Law Section:
Labor Law
Laws Affected:
Amd §215-a, Lab L

2009-S2956 - 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-S2956 - Sponsor Memo

2009-S2956 - Bill Text download pdf 

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

                                  2956

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed 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-S2956A (ACTIVE) - Details

See Assembly Version of this Bill:
A6729
Law Section:
Labor Law
Laws Affected:
Amd §215-a, Lab L

2009-S2956A (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-S2956A (ACTIVE) - Sponsor Memo

2009-S2956A (ACTIVE) - Bill Text download pdf 

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

                                 2956--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

Introduced  by  Sens.  ADAMS, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Labor --
  recommitted to the Committee on Labor in accordance with  Senate  Rule
  6,  sec.  8 -- reported favorably from said committee and committed to
  the Committee on Codes -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05684-03-0

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