Assembly Bill A3534A

2019-2020 Legislative Session

Creates additional remedies for unlawful discharge, penalty, or discrimination due to the exercise of an employee's right to be absent from employment for jury duty

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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

multi-Sponsors

2019-A3534 - Details

Law Section:
Judiciary Law
Laws Affected:
Amd §§519 & 750, Judy L; amd §215, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A609
2011-2012: A718
2013-2014: A649
2015-2016: A116
2017-2018: A2527
2021-2022: A1430
2023-2024: A1801

2019-A3534 - Summary

Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service.

2019-A3534 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3534
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, M. G. MILLER, ABINANTI, WEPRIN, COLTON
   -- Multi-Sponsored by -- M. of A. GOTTFRIED, LIFTON -- read  once  and
   referred to the Committee on Judiciary
 
 AN  ACT  to  amend  the  judiciary law and the labor law, in relation to
   creating  additional  remedies  for  unlawful  discharge,  penalty  or
   discrimination  on  account  of  the exercise of a juror's right to be
   absent from employment for jury duty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 519 of the judiciary law, as added by chapter 85
 of the laws of 1995, is amended to read as follows:
   § 519. Right of juror to be absent from employment.  Any person who is
 summoned to serve as a juror under the provisions of  this  article  and
 who  notifies  his or her employer to that effect prior to the commence-
 ment of a term of service shall not, on account of absence from  employ-
 ment  by  reason  of  such  jury  service, be subject to discharge [or],
 penalty, OR DISCRIMINATION IN ANY OTHER MANNER.  An employer may, howev-
 er, withhold wages of any such employee serving as a  juror  during  the
 period  of such service; provided that an employer who employs more than
 ten employees shall not withhold the first forty dollars of such juror's
 daily wages during the first three days of jury service. Withholding  of
 wages  in  accordance with this section shall not be deemed a penalty OR
 DISCRIMINATION IN ANY OTHER MANNER.   Violation of  this  section  shall
 constitute  a  criminal contempt of court punishable pursuant to section
 seven hundred  fifty  of  this  chapter  AND  SHALL  ALSO  CONSTITUTE  A
 VIOLATION OF SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW AND BE SUBJECT
 TO THE CIVIL PENALTIES AND CIVIL ACTION PROVIDED FOR THEREUNDER.
   § 2. Paragraph 7 of subdivision A of section 750 of the judiciary law,
 as  amended  by  chapter  823 of the laws of 1982, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00755-01-9
              

co-Sponsors

multi-Sponsors

2019-A3534A (ACTIVE) - Details

Law Section:
Judiciary Law
Laws Affected:
Amd §§519 & 750, Judy L; amd §215, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A609
2011-2012: A718
2013-2014: A649
2015-2016: A116
2017-2018: A2527
2021-2022: A1430
2023-2024: A1801

2019-A3534A (ACTIVE) - Summary

Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service.

2019-A3534A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3534--A
                                                         Cal. No. 145
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. DINOWITZ, M. G. MILLER, ABINANTI, WEPRIN, COLTON
   -- Multi-Sponsored by -- M. of A. GOTTFRIED, LIFTON -- read  once  and
   referred  to the Committee on Judiciary -- ordered to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third reading
 
 AN  ACT  to  amend  the  judiciary law and the labor law, in relation to
   creating  additional  remedies  for  unlawful  discharge,  penalty  or
   discrimination  on  account  of  the exercise of a juror's right to be
   absent from employment for jury duty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 519 of the judiciary law, as added by chapter 85
 of the laws of 1995, is amended to read as follows:
   § 519. Right of juror to be absent from employment.  Any person who is
 summoned to serve as a juror under the provisions of  this  article  and
 who  notifies  his or her employer to that effect prior to the commence-
 ment of a term of service shall not, on account of absence from  employ-
 ment  by  reason  of  such  jury  service, be subject to discharge [or],
 penalty, OR DISCRIMINATION IN ANY OTHER MANNER.  An employer may, howev-
 er, withhold wages of any such employee serving as a  juror  during  the
 period  of such service; provided that an employer who employs more than
 ten employees shall not withhold the first forty dollars of such juror's
 daily wages during the first three days of jury service. Withholding  of
 wages  in  accordance with this section shall not be deemed a penalty OR
 DISCRIMINATION IN ANY OTHER MANNER.   Violation of  this  section  shall
 constitute  a  criminal contempt of court punishable pursuant to section
 seven hundred  fifty  of  this  chapter  AND  SHALL  ALSO  CONSTITUTE  A
 VIOLATION OF SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW AND BE SUBJECT
 TO THE CIVIL PENALTIES AND CIVIL ACTION PROVIDED FOR THEREUNDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00755-02-0
              

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