senate Bill S3665A

2019-2020 Legislative Session

Relates to flexible working arrangements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Mar 10, 2020 advanced to third reading
Mar 04, 2020 2nd report cal.
Mar 03, 2020 1st report cal.573
Feb 26, 2020 print number 3665a
Feb 26, 2020 amend and recommit to labor
Jan 08, 2020 referred to labor
returned to senate
died in assembly
May 22, 2019 referred to labor
delivered to assembly
passed senate
May 20, 2019 ordered to third reading cal.769
committee discharged and committed to rules
Feb 12, 2019 referred to labor

Votes

view votes

Mar 3, 2020 - Labor committee Vote

S3665A
9
3
committee
9
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Mar 3, 2020

aye wr (1)

May 20, 2019 - Rules committee Vote

S3665
14
2
committee
14
Aye
2
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 20, 2019

nay (2)
aye wr (2)
excused (1)

Co-Sponsors

S3665 - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §171, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2414
2017-2018: S500, S7019
2021-2022: S1188

S3665 - 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.

S3665 - Sponsor Memo

S3665 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3665
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced by Sens. GIANARIS, SEPULVEDA -- read twice and ordered print-
   ed, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S3665A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add §171, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2414
2017-2018: S500, S7019
2021-2022: S1188

S3665A (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.

S3665A (ACTIVE) - Sponsor Memo

S3665A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3665--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2019
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  BIAGGI,  SEPULVEDA  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Labor  --  recommitted  to  the  Committee on Labor in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00822-02-0

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