senate Bill S3665A

2019-2020 Legislative Session

Relates to flexible working arrangements

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Law Section:
Labor Law
Laws Affected:
Add §171, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2414
2017-2018: S500, S7019

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

Law Section:
Labor Law
Laws Affected:
Add §171, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2414
2017-2018: S500, S7019

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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