Assembly Bill A9279

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

                                  9279

                          I N  A S S E M B L Y

                              April 7, 2014
                               ___________

Introduced  by  M.  of  A.  ROZIC,  BARRETT, BUCHWALD, CLARK, GOTTFRIED,
  HIKIND, ROBINSON, ROSENTHAL -- Multi-Sponsored by -- M. of A. BRENNAN,
  GLICK, HEASTIE, MAYER, RIVERA -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the labor law, in relation to flexible working  arrange-
  ments

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

  Section 1. The labor law is amended by adding a  new  section  171  to
read as follows:
  S  171. FLEXIBLE WORKING ARRANGEMENTS. 1. A. AN EMPLOYEE MAY REQUEST A
FLEXIBLE WORKING ARRANGEMENT THAT MEETS THE NEEDS OF  THE  EMPLOYER  AND
EMPLOYEE.  THE EMPLOYER SHALL CONSIDER A REQUEST USING THE PROCEDURES IN
THIS SECTION WHEN THE EMPLOYEE ASKS THE EMPLOYER ON AN AS-NEEDED BASIS.
  B. AS USED IN THIS SECTION, "FLEXIBLE WORKING ARRANGEMENT" SHALL  MEAN
INTERMEDIATE  OR  LONG-TERM  CHANGES  IN  THE EMPLOYEE'S REGULAR WORKING
ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO, CHANGES  IN  THE  NUMBER  OF
DAYS  OR  HOURS  WORKED,  CHANGES IN THE TIME THE EMPLOYEE ARRIVES AT OR
DEPARTS FROM WORK, WORK FROM HOME, OR JOB-SHARING.
  C. "FLEXIBLE WORKING ARRANGEMENT" SHALL NOT INCLUDE VACATION,  ROUTINE
SCHEDULING OF SHIFTS, OR ANOTHER FORM OF EMPLOYEE LEAVE.
  2.  THE  EMPLOYER  SHALL  DISCUSS  THE  REQUEST FOR A FLEXIBLE WORKING
ARRANGEMENT WITH THE EMPLOYEE IN GOOD FAITH. THE EMPLOYER  AND  EMPLOYEE
MAY PROPOSE ALTERNATIVE ARRANGEMENTS DURING THE DISCUSSION. THE EMPLOYER
SHALL CONSIDER THE EMPLOYEE'S REQUEST FOR A FLEXIBLE WORKING ARRANGEMENT
AND  WHETHER THE REQUEST COULD BE GRANTED IN A MANNER THAT IS NOT INCON-
SISTENT WITH ITS BUSINESS OPERATIONS OR ITS LEGAL OR  CONTRACTUAL  OBLI-
GATIONS.
  3.  AS  USED  IN THIS SECTION, "INCONSISTENT WITH BUSINESS OPERATIONS"
SHALL INCLUDE:
  A. THE BURDEN ON AN EMPLOYER OF UNDUE ADDITIONAL COSTS;
  B. A LEGITIMATE OR PRACTICAL DETRIMENTAL EFFECT ON AGGREGATE  EMPLOYEE
MORALE  UNRELATED  TO  DISCRIMINATION OR OTHER UNLAWFUL EMPLOYMENT PRAC-
TICES;

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

                                                           LBD14316-02-4

A. 9279                             2

  C. A LEGITIMATE OR PRACTICAL DETRIMENTAL EFFECT ON THE ABILITY  OF  AN
EMPLOYER TO MEET CONSUMER DEMAND;
  D. A SIGNIFICANT INABILITY TO REORGANIZE WORK AMONG EXISTING STAFF;
  E. A LEGITIMATE OR PRACTICAL INABILITY TO RECRUIT ADDITIONAL STAFF;
  F.  A  SIGNIFICANT  DETRIMENTAL IMPACT ON BUSINESS QUALITY OR BUSINESS
PERFORMANCE;
  G. AN INSUFFICIENCY OF WORK DURING THE PERIODS THE  EMPLOYEE  PROPOSES
TO WORK; AND
  H. PLANNED STRUCTURAL CHANGES TO THE BUSINESS.
  4.  THE  EMPLOYER  SHALL NOTIFY THE EMPLOYEE OF THE DECISION REGARDING
THE REQUEST IN A TIMELY MANNER. IF THE REQUEST WAS SUBMITTED IN WRITING,
THE EMPLOYER SHALL STATE ANY COMPLETE OR PARTIAL DENIAL OF  THE  REQUEST
IN WRITING, CITING THE REASON AS TO DENYING THE REQUEST.
  5. THIS SECTION SHALL NOT DIMINISH ANY EMPLOYMENT RIGHTS OR AGREEMENTS
PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT. AN EMPLOYER MAY INSTITUTE
A  FLEXIBLE  WORKING  ARRANGEMENT  POLICY  THAT IS MORE GENEROUS THAN IS
PROVIDED BY THIS SECTION.
  6. THE STATE DIVISION OF HUMAN RIGHTS SHALL  BE  RESPONSIBLE  FOR  THE
ENFORCEMENT  OF  THIS SECTION BY RESTRAINING PROHIBITED ACTS, CONDUCTING
CIVIL INVESTIGATIONS, AND  OBTAINING  ASSURANCES  OF  DISCONTINUANCE  IN
ACCORDANCE  WITH THE PROCEDURES ESTABLISHED IN THIS SECTION. AN INVESTI-
GATION AGAINST AN EMPLOYER SHALL NOT BE A PREREQUISITE FOR  BRINGING  AN
ACTION.  THE STATE DIVISION OF HUMAN RIGHTS MAY AWARD INJUNCTIVE RELIEF.
THERE SHALL BE NO PRIVATE RIGHT OF ACTION TO ENFORCE THIS  SECTION.  ANY
EMPLOYER  MAY APPEAL ANY DECISION OR ORDER OF THE DIVISION IN ACCORDANCE
WITH THE PROVISIONS OF SECTION TWO HUNDRED NINETY-EIGHT OF THE EXECUTIVE
LAW.
  7. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE EXERCISING  HIS
OR HER RIGHTS UNDER THIS SECTION.
  8.  NOTHING  IN THIS SECTION SHALL AFFECT ANY LEGAL RIGHTS AN EMPLOYER
OR EMPLOYEE MAY HAVE UNDER APPLICABLE LAW TO CREATE, TERMINATE, OR MODI-
FY A FLEXIBLE WORKING ARRANGEMENT.
  9. NOTHING IN THIS SECTION SHALL REQUIRE AN  EMPLOYER  TO  ACCEPT  THE
FLEXIBLE WORK ARRANGEMENT OF THE EMPLOYEE.
  S 2. This act shall take effect immediately.