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Assembly Bill A4194

2011-2012 Legislative Session

Enacts the "jury service non-retribution act"

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Archive: Last Bill Status - Stricken

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2011-A4194 (ACTIVE) - Details

Law Section:
Judiciary Law
Laws Affected:
Amd ยง519, Judy L
Versions Introduced in 2009-2010 Legislative Session:
A5641

2011-A4194 (ACTIVE) - Summary

Enacts the "jury service non-retribution act"; 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.

2011-A4194 (ACTIVE) - Bill Text download pdf 

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

                                  4194

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the judiciary law, in relation  to  enacting  the  "jury
  service non-retribution act"

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

  Section 1.  This act shall be known and may  be  cited  as  the  "jury
service non-retribution act".
  S  2.    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 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04133-02-1

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