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

                                  1115

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
  ABINANTI, BENEDETTO, BRENNAN,  BROOK-KRASNY,  COLTON,  CRESPO,  ENGLE-
  BRIGHT, GUNTHER, HOOPER, MAGNARELLI, MARKEY, RAIA, ROSENTHAL, RUSSELL,
  SCHIMEL  --  read  once and referred to the Committee on Corporations,
  Authorities and Commissions

AN ACT to amend the public service law,  in  relation  to  certain  call
  centers

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

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 16 to read as follows:
  16. (A) EVERY PUBLIC UTILITY UNDER THIS SUBDIVISION SHALL PROVIDE  THE
COMMISSIONER  AN  AFFIDAVIT,  QUARTERLY,  THAT  NO CALL CENTERS OR OTHER
FACILITIES PROVIDING CUSTOMER ASSISTANCE SET FORTH IN PARAGRAPH  (A)  OF
SUBDIVISION THIRTEEN OF THIS SECTION HAVE BEEN CLOSED WITHOUT NOTICE AND
HEARING  BEFORE  THE  COMMISSION  AND THAT THE UTILITY HAS NOT RELOCATED
SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK STATE OR OUTSIDE OF
NEW YORK STATE WITHOUT NOTICE AND HEARING  BEFORE  THE  COMMISSION.  THE
AFFIDAVIT  SHALL  BE  SUBMITTED IN SUCH FORM AND AT SUCH TIMES AND SHALL
CONTAIN INFORMATION AS THE COMMISSIONER,  BY  RULE  OR  REGULATION,  MAY
PRESCRIBE.
  (B)  AN EMPLOYEE WHO PERFORMS SERVICES FOR AND UNDER THE DIRECTION AND
CONTROL OF A PUBLIC UTILITY OR AN AGENT ACTING ON BEHALF OF THE EMPLOYER
SHALL NOT TAKE RETALIATORY PERSONNEL ACTION SUCH AS  DISCHARGE,  SUSPEN-
SION,  DEMOTION,  PENALIZATION OR DISCRIMINATION AGAINST AN EMPLOYEE FOR
REPORTING, DISCLOSING, OR TESTIFYING BEFORE, ANY PUBLIC BODY  CONDUCTING
AN  INVESTIGATION, HEARING OR INQUIRY INTO SUCH VIOLATION OF SUBDIVISION
THIRTEEN OF THIS SECTION.
  (C) THE PROTECTION AGAINST  RETALIATORY  ACTION  SHALL  APPLY  TO  ANY
EMPLOYEE WHO IN GOOD FAITH REASONABLY BELIEVES THAT A UTILITY COMPANY IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06317-01-5

              

A. 1115                             2

IN  VIOLATION OF SUBDIVISION THIRTEEN OF THIS SECTION, BASED ON INFORMA-
TION THAT THE EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES TO BE TRUE.
  (D)  (I) AN EMPLOYEE WHO HAS BEEN THE SUBJECT OF A RETALIATORY PERSON-
NEL ACTION IN VIOLATION OF THIS SECTION MAY INSTITUTE A CIVIL ACTION  IN
A  COURT OF COMPETENT JURISDICTION FOR RELIEF WITHIN TWO YEARS AFTER THE
ALLEGED RETALIATORY PERSONNEL ACTION WAS TAKEN. (II) ANY ACTION  AUTHOR-
IZED  BY  THIS SECTION MAY BE BROUGHT IN THE COUNTY IN WHICH THE ALLEGED
RETALIATORY PERSONNEL ACTION  OCCURRED,  IN  THE  COUNTY  IN  WHICH  THE
COMPLAINANT  RESIDES,  OR  IN  THE  COUNTY IN WHICH THE EMPLOYER HAS ITS
PRINCIPAL PLACE OF BUSINESS.
  IN ADDITION TO THE RELIEF SET FORTH IN THIS SECTION, THE COURT, IN ITS
DISCRETION, BASED UPON A FINDING THAT THE EMPLOYER ACTED IN BAD FAITH IN
THE RETALIATORY ACTION, MAY ASSESS THE EMPLOYER A CIVIL  PENALTY  OF  AN
AMOUNT  NOT  TO EXCEED TEN THOUSAND DOLLARS, TO BE PAID TO THE ORGANIZED
LABOR BARGAINING UNIT'S HEALTH AND WELFARE FUND.
  (E) IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION, THE COURT  MAY
ORDER  RELIEF  AS  FOLLOWS: (I) THE REINSTATEMENT OF THE EMPLOYEE TO THE
SAME POSITION HELD BEFORE THE RETALIATORY PERSONNEL  ACTION,  OR  TO  AN
EQUIVALENT  POSITION; (II) THE REINSTATEMENT OF FULL FRINGE BENEFITS AND
SENIORITY RIGHTS; (III) THE COMPENSATION FOR LOST  WAGES,  BENEFITS  AND
OTHER REMUNERATION; AND COMPENSATORY DAMAGES FOR ECONOMIC LOSS; (IV) THE
PAYMENT  BY  THE EMPLOYER OF REASONABLE COSTS, DISBURSEMENTS, AND ATTOR-
NEY'S FEES; (V) AN  INJUNCTION  TO  RESTRAIN  THE  EMPLOYER'S  CONTINUED
VIOLATION  OF  THIS  SECTION  WITH RESPECT TO THE EMPLOYEE; (VI) A CIVIL
PENALTY OF AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, IF  THE  COURT,
IN  ITS  DISCRETION,  FINDS  THAT THE EMPLOYER ACTED IN BAD FAITH IN THE
RETALIATORY ACTION.
  (F) A COURT, IN ITS DISCRETION, MAY ALSO ORDER THAT REASONABLE  ATTOR-
NEYS'  FEES  AND COURT COSTS AND DISBURSEMENTS BE AWARDED TO AN EMPLOYER
IF THE COURT DETERMINES THAT AN ACTION BROUGHT BY AN EMPLOYEE UNDER THIS
SECTION WAS WITHOUT REASONABLE BASIS IN LAW OR  IN  FACT.  THE  EMPLOYER
SHALL  RESERVE  THE  RIGHT  TO  DISMISS AN EMPLOYEE WHO HAS ACTED IN BAD
FAITH WITHOUT REASONABLE BASIS IN LAW OR  IN  FACT,  REGARDLESS  OF  ANY
GRIEVANCE  PROCESS  THAT  MAY  BE  IN  PLACE AS A RESULT OF A COLLECTIVE
BARGAINING AGREEMENT.
  (G) EVERY EMPLOYER SHALL INFORM EMPLOYEES OF THEIR PROTECTIONS, RIGHTS
AND OBLIGATIONS UNDER THIS SECTION, BY POSTING A  NOTICE  THEREOF.  SUCH
NOTICES   SHALL   BE  POSTED  CONSPICUOUSLY  IN  EASILY  ACCESSIBLE  AND
WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED BY EMPLOYEES  AND  APPLICANTS
FOR EMPLOYMENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.