S T A T E O F N E W Y O R K
________________________________________________________________________
593
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
ABINANTI, BENEDETTO, COLTON, ENGLEBRIGHT, GUNTHER, MAGNARELLI,
L. ROSENTHAL -- read once and referred to the Committee on Corpo-
rations, 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 17 to read as follows:
17. (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.
LBD01412-01-1
A. 593 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.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.