NY State Senate Bill 2017-S7019

Archive: Last Bill Status - In Senate Committee Labor Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor

co-Sponsors

2017-S7019 (ACTIVE) - Details

See Assembly Version of this Bill:: A1214
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §171, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2414, A3055
2019-2020: S3665, A324
2021-2022: S1188, A2589
2023-2024: S388, A665

2017-S7019 (ACTIVE) - Summary

Relates to flexible working arrangements; provides that employees may submit a request for flexible working arrangements in good faith; requires the employer to notify the employee of the decision; prohibits employers from retaliating against employees for exercising rights under the section.

2017-S7019 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7019

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the labor law, in relation to flexible
working arrangements

 
PURPOSE:

To give employees the right to request flexible working arrangements
that meet the needs of both the employer and employee.

 
SUMMARY OF PROVISIONS:

Section 1 amends the labor law by adding a new Section 171:

Provides definitions for "flexible working arrangement" and "inconsist-
ent with business operations."

States an employee may request a flexible working arrangement that meets
the needs of the employer and employee. The employer shall discuss the
request for a flexible working arrangement with the employer. The

employer must consider the request and whether it can be granted in a
manner not inconsistent with its business operations.

States the employer shall notify the employee of the decision and if the
request was submitted in writing, the employer shall state any denial in
writing.

States that provisions of this section shall not diminish any employment
rights pursuant to a collective bargaining agreement.

Restricts an employer from retaliating against an employee for exercis-
ing his or her rights.

States that nothing in this section shall require an employer to accept
the flexible work arrangement of the employee.

Establishes the commissioner's power of investigation and states the
commissioner shall promulgate rules and regulations for the implementa-
tion of this section.

Section 2 establishes the effective date.

 
JUSTIFICATION:

A flexible work arrangement provides employees with a variable work
schedule in contrast to the traditional work experience. Studies show
that businesses that provide flexible working arrangements experience a
reduction in absenteeism and lateness. Both employees and employers
benefit in that employees are more likely to become more productive and
willing to help employers succeed. Other advantages in allowing employ-
ees to adopt flexible arrangements include conforming work schedules to
mass transit schedules, schedules their children have, or less congested
travel times.

This bill is modeled on similar legislation from Vermont, the first
state in the nation to pass legislation that gives employees the right
to request flexible working arrangements. Similar legislation has also
been instituted in San Francisco. As the need for workplace flexibility
grows, New York should also serve as a model for the ways in which
employees can work effectively and efficiently in today's work world.
Passage of this bill would not make flexible working arrangements in the
workplace a requirement, but instead would give employees the right to
request flexible working arrangements and employers the right to reject
such requests. It would establish the procedure by which requests are to
be reviewed, requiring that employers consider a request, discuss it
with the employee, and notify the employee of the decision in a timely
manner.

 
LEGISLATIVE HISTORY:

2016: S2414/A3055 - REFERRED TO LABOR/ referred to labor
2015: S2414/A3055 - REFERRED TO LABOR/ referred to labor

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7019 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7019
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. GIANARIS -- 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 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:
   §  171.  FLEXIBLE  WORKING  ARRANGEMENT.  1.  DEFINITIONS.  A. FOR THE
 PURPOSES OF 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.  "FLEXIBLE  WORKING
 ARRANGEMENT"  SHALL  NOT INCLUDE VACATION, ROUTINE SCHEDULING OF SHIFTS,
 OR ANOTHER FORM OF EMPLOYEE LEAVE.
   B. FOR THE PURPOSES OF THIS SECTION, "INCONSISTENT WITH BUSINESS OPER-
 ATIONS" SHALL MEAN A DETERMINATION BY THE EMPLOYER BASED ON THE  FOLLOW-
 ING  CONSIDERATIONS:  (I)  THE BURDEN ON AN EMPLOYER OF UNDUE ADDITIONAL
 COSTS; (II) A LEGITIMATE OR PRACTICAL DETRIMENTAL  EFFECT  ON  AGGREGATE
 EMPLOYEE MORALE UNRELATED TO DISCRIMINATION OR OTHER UNLAWFUL EMPLOYMENT
 PRACTICES;  (III)  A  LEGITIMATE  OR PRACTICAL DETRIMENTAL EFFECT ON THE
 ABILITY OF AN EMPLOYER TO  MEET  CONSUMER  DEMAND;  (IV)  A  SIGNIFICANT
 INABILITY  TO  REORGANIZE WORK AMONG EXISTING STAFF; (V) A LEGITIMATE OR
 PRACTICAL INABILITY TO RECRUIT  ADDITIONAL  STAFF;  (VI)  A  SIGNIFICANT
 DETRIMENTAL IMPACT ON BUSINESS QUALITY OR BUSINESS PERFORMANCE; (VII) AN
 INSUFFICIENCY  OF WORK DURING THE PERIODS THE EMPLOYEE PROPOSES TO WORK;
 (VIII) PLANNED STRUCTURAL CHANGES TO THE BUSINESS; AND  (IX)  ANY  OTHER
 REASONS AS SPECIFIED BY THE COMMISSIONER.
   2.  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01171-01-7

 S. 7019                             2
 
   3. THE EMPLOYER SHALL DISCUSS  THE  REQUEST  FOR  A  FLEXIBLE  WORKING
 ARRANGEMENT  WITH  THE  EMPLOYEE.  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 INCONSIST-
 ENT WITH ITS BUSINESS OPERATIONS  OR  ITS  LEGAL  OR  CONTRACTUAL  OBLI-
 GATIONS.
   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. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE EXERCISING  HIS
 OR HER RIGHTS UNDER THIS SECTION.
   7.  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.
   8. NOTHING IN THIS SECTION SHALL REQUIRE AN  EMPLOYER  TO  ACCEPT  THE
 FLEXIBLE WORK ARRANGEMENT OF THE EMPLOYEE.
   9.  A.  THE COMMISSIONER OR A REPRESENTATIVE AUTHORIZED BY THE COMMIS-
 SIONER SHALL HAVE THE POWER TO (I) INVESTIGATE ANY COMPLAINT REGARDING A
 VIOLATION OF THIS SECTION FILED BY ANY EMPLOYEE; PERSON OR  ORGANIZATION
 ACTING ON THE EMPLOYEE'S BEHALF; OR THE RECOGNIZED AND CERTIFIED COLLEC-
 TIVE  BARGAINING AGENT ACTING ON THE EMPLOYEE'S BEHALF; AND (II) EXAMINE
 AND INSPECT THE RECORDS OF ANY EMPLOYER  IN  CONJUNCTION  WITH  SUCH  AN
 INVESTIGATION.
   B.  THE COMMISSIONER MAY BRING AN ACTION AGAINST AN EMPLOYER FOR FAIL-
 URE TO ADHERE TO THE PROVISIONS OF THIS  SECTION,  INCLUDING  INJUNCTIVE
 RELIEF TO ENJOIN FUTURE CONDUCT.
   C.  ANY  EMPLOYER  WHO  VIOLATES  THE PROVISIONS OF THIS SECTION SHALL
 FORFEIT TO THE PEOPLE OF THE STATE A SUM OF  FIVE  HUNDRED  DOLLARS  FOR
 EACH  VIOLATION, TO BE RECOVERED BY THE COMMISSIONER IN ANY LEGAL ACTION
 TAKEN PURSUANT TO THIS SUBDIVISION.
   10. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WITHIN ONE
 HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION FOR THE IMPLE-
 MENTATION OF THIS SECTION.
   § 2. This act shall take effect immediately.

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Senate Bill S7019

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2017-S7019 (ACTIVE) - Details

2017-S7019 (ACTIVE) - Summary

2017-S7019 (ACTIVE) - Sponsor Memo

2017-S7019 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7019

Share this bill

Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Luis R. Sepúlveda

2017-S7019 (ACTIVE) - Details

2017-S7019 (ACTIVE) - Summary

2017-S7019 (ACTIVE) - Sponsor Memo

2017-S7019 (ACTIVE) - Bill Text download pdf

Comments