Assembly Bill A7373

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7373
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to authorizing  employees  to
   petition  an employer to apply to participate in a shared work program
   for purposes of avoiding a reduction in workforce or for  purposes  of
   re-hiring

   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  605-a  to
 read as follows:
   §  605-A.  SHARED  WORK  PROGRAM.  1.  ANY  GROUP OF EMPLOYEES WHO MAY
 REASONABLY BE EXPECTED TO EXPERIENCE AN EMPLOYMENT LOSS AS A CONSEQUENCE
 OF A REDUCTION IN WORKFORCE OR HAVE EXPERIENCED  EMPLOYMENT  LOSS  AS  A
 CONSEQUENCE  OF  A  REDUCTION  IN  WORKFORCE MAY PETITION IN WRITING THE
 EMPLOYER OF SUCH GROUP OF EMPLOYEES TO APPLY TO PARTICIPATE IN A  SHARED
 WORK  PROGRAM  PURSUANT  TO  THIS  ARTICLE FOR PURPOSES OF AVOIDING SUCH
 REDUCTION IN WORKFORCE OR FOR PURPOSES OF RE-HIRING ANY FORMER  EMPLOYEE
 OR  EMPLOYEES  OF  THE EMPLOYER THAT WERE LAID OFF DUE TO A REDUCTION IN
 WORKFORCE. SUCH EMPLOYER SHALL, NO LATER  THAN  SEVEN  DAYS  AFTER  SUCH
 PETITION  HAS  BEEN MADE, RESPOND IN WRITING TO SUCH GROUP OF EMPLOYEES.
 SUCH RESPONSE SHALL STATE THE DECISION OF THE EMPLOYER TO APPLY  OR  NOT
 TO  APPLY  TO  PARTICIPATE  IN A SHARED WORK PROGRAM, AND THE REASON FOR
 DECIDING TO APPLY OR NOT TO  APPLY  TO  PARTICIPATE  IN  A  SHARED  WORK
 PROGRAM,  AND IF THE EMPLOYER DID APPLY, THE OUTCOME OF THE APPLICATION,
 IF AVAILABLE.
   2. NO EMPLOYER OR THEIR AGENT, OR PERSON ACTING AS OR ON BEHALF  OF  A
 HIRING  ENTITY, OR THE OFFICER OR AGENT OF ANY CORPORATION, PARTNERSHIP,
 OR LIMITED LIABILITY COMPANY, SHALL DISCRIMINATE, RETALIATE AGAINST,  OR
 TAKE  ADVERSE  ACTION  AGAINST  ANY  EMPLOYEE  FOR EXERCISING THE RIGHTS
 AFFORDED TO THEM UNDER THIS SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02686-03-1