LBD05043-01-1
S. 1214 2
(C) A SIGNIFICANT INABILITY OF THE EMPLOYER, DESPITE BEST EFFORTS, TO
REORGANIZE WORK AMONG EXISTING (AS OF THE DATE OF THE REORGANIZATION)
STAFF;
(D) A SIGNIFICANT DETRIMENTAL EFFECT ON BUSINESS PERFORMANCE;
(E) INSUFFICIENCY OF WORK DURING THE PERIODS AN EMPLOYEE PROPOSES TO
WORK;
(F) THE NEED TO BALANCE COMPETING SCHEDULING REQUESTS WHEN IT IS NOT
POSSIBLE TO GRANT ALL SUCH REQUESTS WITHOUT A SIGNIFICANT DETRIMENTAL
EFFECT ON THE EMPLOYER'S ABILITY TO MEET ORGANIZATIONAL NEEDS; OR
(G) SUCH OTHER REASON AS MAY BE SPECIFIED BY THE COMMISSIONER.
2. "CAREER-RELATED EDUCATIONAL OR TRAINING PROGRAM" MEANS AN EDUCA-
TIONAL OR TRAINING PROGRAM OR PROGRAM OF STUDY OFFERED BY A PUBLIC,
PRIVATE, OR NONPROFIT CAREER AND TECHNICAL EDUCATION SCHOOL, INSTITUTION
OF HIGHER EDUCATION, OR OTHER ENTITY THAT PROVIDES ACADEMIC EDUCATION,
CAREER AND TECHNICAL EDUCATION, OR TRAINING (INCLUDING REMEDIAL EDUCA-
TION OR ENGLISH AS A SECOND LANGUAGE, AS APPROPRIATE), THAT IS A PROGRAM
THAT LEADS TO A RECOGNIZED POSTSECONDARY CREDENTIAL AND PROVIDES CAREER
AWARENESS INFORMATION.
3. "CAREGIVER" MEANS AN INDIVIDUAL WITH THE STATUS OF BEING A SIGNIF-
ICANT PROVIDER OF:
(A) ONGOING CARE OR EDUCATION, INCLUDING RESPONSIBILITY FOR SECURING
THE ONGOING CARE OR EDUCATION, OF A CHILD; OR
(B) ONGOING CARE, INCLUDING RESPONSIBILITY FOR SECURING THE ONGOING
CARE, OF:
(I) A PERSON WITH A SERIOUS HEALTH CONDITION WHO IS IN A FAMILY
RELATIONSHIP WITH THE INDIVIDUAL; OR
(II) A PARENT OF THE INDIVIDUAL, WHO IS AGE SIXTY-FIVE OR OLDER.
4. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER CHILD, A STEPCHILD,
A LEGAL WARD, OR A CHILD OF A PERSON STANDING IN LOCO PARENTIS TO THAT
CHILD, WHO IS:
(A) UNDER AGE EIGHTEEN; OR
(B) AGE EIGHTEEN OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE OF A
MENTAL OR PHYSICAL DISABILITY.
5. "DOMESTIC PARTNER" MEANS THE INDIVIDUAL RECOGNIZED AS BEING IN A
RELATIONSHIP WITH AN EMPLOYEE UNDER ANY DOMESTIC PARTNERSHIP OR CIVIL
UNION ENTERED INTO PURSUANT TO THE LAWS OF THE UNITED STATES OR OF ANY
STATE, LOCAL OR FOREIGN JURISDICTION, OR REGISTERED AS THE DOMESTIC
PARTNER OF THE EMPLOYEE WITH ANY REGISTRY MAINTAINED BY THE EMPLOYER OF
EITHER PARTY OR ANY STATE, MUNICIPALITY, OR FOREIGN JURISDICTION.
6. "EMPLOYEE" MEANS ANY PERSON EMPLOYED FOR HIRE BY AN EMPLOYER IN ANY
EMPLOYMENT.
7. "EMPLOYER" MEANS A STATE AGENCY, OFFICER, OR DEPARTMENT, A UNIT OF
LOCAL GOVERNMENT, A SCHOOL DISTRICT, AN INDIVIDUAL, A CORPORATION, A
PARTNERSHIP, AN ASSOCIATION, OR A NONPROFIT ORGANIZATION EMPLOYING FIFTY
OR MORE EMPLOYEES IN THE STATE OF NEW YORK.
8. "FAMILY RELATIONSHIP" MEANS A RELATIONSHIP WITH:
(A) A CHILD, SPOUSE, DOMESTIC PARTNER, PARENT, GRANDCHILD, GRANDPAR-
ENT, SIBLING, OR PARENT OF A SPOUSE OR DOMESTIC PARTNER; OR
(B) ANY INDIVIDUAL RELATED TO THE EMPLOYEE INVOLVED BY BLOOD OR AFFIN-
ITY, WHOSE CLOSE ASSOCIATION WITH THE EMPLOYEE IS THE EQUIVALENT OF A
FAMILY RELATIONSHIP DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
9. "MINIMUM NUMBER OF EXPECTED WORK HOURS" MEANS THE MINIMUM NUMBER OF
HOURS AN EMPLOYEE WILL BE ASSIGNED TO WORK ON A WEEKLY OR MONTHLY BASIS.
10. "NONEXEMPT EMPLOYEE" MEANS AN EMPLOYEE WHO IS NOT EMPLOYED IN A
BONA FIDE EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL CAPACITY, AS
S. 1214 3
DEFINED FOR PURPOSES OF SECTION 213(A)(1) OF THE FAIR LABOR STANDARDS
ACT OF 1938 (29 U.S.C. 213(A)(1)).
11. "PART-TIME EMPLOYEE" MEANS AN INDIVIDUAL WHO WORKS FEWER THAN
THIRTY HOURS PER WEEK ON AVERAGE DURING ANY ONE-MONTH PERIOD.
12. "RETAIL, FOOD SERVICE, OR CLEANING EMPLOYEE" MEANS AN INDIVIDUAL
NONEXEMPT EMPLOYEE WHO IS EMPLOYED IN ANY OF THE FOLLOWING OCCUPATIONS,
AS DESCRIBED BY THE BUREAU OF LABOR STATISTICS STANDARD OCCUPATIONAL
CLASSIFICATION SYSTEM (AS IN EFFECT ON THE DAY BEFORE THE EFFECTIVE DATE
OF THIS ARTICLE):
(A) RETAIL SALES OCCUPATIONS CONSISTING OF OCCUPATIONS DESCRIBED IN
41-1010 AND 41-2000, AND ALL SUBDIVISIONS THEREOF, OF SUCH SYSTEM, WHICH
INCLUDES FIRST-LINE SUPERVISORS OF SALES WORKERS, CASHIERS, GAMING
CHANGE PERSONS AND BOOTH CASHIERS, COUNTER AND RENTAL CLERKS, PARTS
SALESPERSONS, AND RETAIL SALESPERSONS.
(B) FOOD PREPARATION AND SERVING RELATED OCCUPATIONS AS DESCRIBED IN
35-0000, AND ALL SUBDIVISIONS THEREOF, OF SUCH SYSTEM, WHICH INCLUDES
SUPERVISORS OF FOOD PREPARATION AND SERVING WORKERS, COOKS AND FOOD
PREPARATION WORKERS, FOOD AND BEVERAGE SERVING WORKERS, AND OTHER FOOD
PREPARATION AND SERVING RELATED WORKERS.
(C) BUILDING CLEANING OCCUPATIONS AS DESCRIBED IN 37-2011, 37-2012 AND
37-2019 OF SUCH SYSTEM, WHICH INCLUDES JANITORS AND CLEANERS, MAIDS AND
HOUSEKEEPING CLEANERS, AND BUILDING CLEANING WORKERS.
13. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES:
(A) INPATIENT CARE IN A HOSPITAL, HOSPICE, OR RESIDENTIAL MEDICAL CARE
FACILITY; OR
(B) CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
14. "SPLIT SHIFT" MEANS A SCHEDULE OF DAILY HOURS IN WHICH THE HOURS
WORKED ARE NOT CONSECUTIVE, EXCEPT THAT:
(A) A SCHEDULE IN WHICH THE TOTAL TIME OUT FOR MEALS DOES NOT EXCEED
ONE HOUR SHALL NOT BE TREATED AS A SPLIT SHIFT; AND
(B) A SCHEDULE IN WHICH THE BREAK IN THE EMPLOYEE'S WORK SHIFT IS
REQUESTED BY THE EMPLOYEE SHALL NOT BE TREATED AS A SPLIT SHIFT.
15. "WORK SCHEDULE" MEANS THOSE DAYS AND TIMES WITHIN A WORK PERIOD
WHEN AN EMPLOYEE IS REQUIRED BY AN EMPLOYER TO PERFORM THE DUTIES OF THE
EMPLOYEE'S EMPLOYMENT FOR WHICH THE EMPLOYEE WILL RECEIVE COMPENSATION.
16. "WORK SCHEDULE CHANGE" MEANS ANY MODIFICATION TO AN EMPLOYEE'S
WORK SCHEDULE, SUCH AS AN ADDITION OR REDUCTION OF HOURS, CANCELLATION
OF A SHIFT, OR A CHANGE IN THE DATE OR TIME OF A WORK SHIFT, BY AN
EMPLOYER.
17. "WORK SHIFT" MEANS THE SPECIFIC HOURS OF THE WORKDAY DURING WHICH
AN EMPLOYEE WORKS.
§ 182. RIGHT TO REQUEST AND RECEIVE A FLEXIBLE, PREDICTABLE OR STABLE
WORK SCHEDULE. 1. AN EMPLOYEE MAY APPLY TO THE EMPLOYEE'S EMPLOYER TO
REQUEST A CHANGE IN THE TERMS AND CONDITIONS OF EMPLOYMENT AS THEY
RELATE TO:
(A) THE NUMBER OF HOURS THE EMPLOYEE IS REQUIRED TO WORK OR BE ON CALL
FOR WORK;
(B) THE TIMES WHEN THE EMPLOYEE IS REQUIRED TO WORK OR BE ON CALL FOR
WORK;
(C) THE LOCATION WHERE THE EMPLOYEE IS REQUIRED TO WORK;
(D) THE AMOUNT OF NOTIFICATION THE EMPLOYEE RECEIVES OF WORK SCHEDULE
ASSIGNMENTS; AND
(E) MINIMIZING FLUCTUATIONS IN THE NUMBER OF HOURS THE EMPLOYEE IS
SCHEDULED TO WORK ON A DAILY, WEEKLY, OR MONTHLY BASIS.
S. 1214 4
2. (A) IF AN EMPLOYEE APPLIES TO THE EMPLOYEE'S EMPLOYER TO REQUEST A
CHANGE IN THE TERMS AND CONDITIONS OF EMPLOYMENT AS SET FORTH IN SUBDI-
VISION ONE OF THIS SECTION, THE EMPLOYER SHALL ENGAGE IN A TIMELY, GOOD
FAITH INTERACTIVE PROCESS WITH THE EMPLOYEE THAT INCLUDES A DISCUSSION
OF POTENTIAL SCHEDULE CHANGES THAT WOULD MEET THE EMPLOYEE'S NEEDS.
(B) SUCH PROCESS SHALL RESULT IN:
(I) EITHER GRANTING OR DENYING THE REQUEST;
(II) IN THE EVENT OF A DENIAL, CONSIDERING ALTERNATIVES TO THE
PROPOSED CHANGE THAT MIGHT MEET THE EMPLOYEE'S NEEDS AND GRANTING OR
DENYING A REQUEST FOR AN ALTERNATIVE CHANGE IN THE TERMS AND CONDITIONS
OF EMPLOYMENT AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION; AND
(III) IN THE EVENT OF A DENIAL, STATING THE REASON FOR DENIAL, INCLUD-
ING WHETHER ANY SUCH REASON IS A BONA FIDE BUSINESS REASON.
(C) IF INFORMATION PROVIDED BY THE EMPLOYEE MAKING A REQUEST UNDER
THIS SECTION REQUIRES CLARIFICATION, THE EMPLOYER SHALL EXPLAIN WHAT
FURTHER INFORMATION IS NEEDED AND GIVE THE EMPLOYEE REASONABLE TIME TO
PRODUCE THE INFORMATION.
3. IF AN EMPLOYEE MAKES A REQUEST FOR A CHANGE IN THE TERMS AND CONDI-
TIONS OF EMPLOYMENT AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION
BECAUSE OF A SERIOUS HEALTH CONDITION OF THE EMPLOYEE, DUE TO THE
EMPLOYEE'S RESPONSIBILITIES AS A CAREGIVER, OR DUE TO THE EMPLOYEE'S
ENROLLMENT IN A CAREER-RELATED EDUCATIONAL OR TRAINING PROGRAM, OR IF A
PART-TIME EMPLOYEE MAKES A REQUEST FOR SUCH A CHANGE FOR A REASON
RELATED TO A SECOND JOB, THE EMPLOYER SHALL GRANT THE REQUEST, UNLESS
THE EMPLOYER HAS A BONA FIDE BUSINESS REASON FOR DENYING THE REQUEST.
4. IF AN EMPLOYEE MAKES A REQUEST FOR A CHANGE IN THE TERMS AND CONDI-
TIONS OF EMPLOYMENT AS SET FORTH IN SUBDIVISION ONE OF THIS SECTION, FOR
A REASON OTHER THAN THOSE REASONS SET FORTH IN SUBDIVISION THREE OF THIS
SECTION, THE EMPLOYER MAY DENY THE REQUEST FOR ANY REASON THAT IS NOT
UNLAWFUL. IF THE EMPLOYER DENIES SUCH A REQUEST, THE EMPLOYER SHALL
PROVIDE THE EMPLOYEE WITH THE REASON FOR THE DENIAL, INCLUDING WHETHER
SUCH REASON IS A BONA FIDE BUSINESS REASON.
5. AN EMPLOYEE MAY VOLUNTARILY AGREE WITH EMPLOYEE'S EMPLOYER TO BE
CONTACTED BY EMPLOYER WHEN EMPLOYEE IS NEEDED TO WORK BUT NOT ON THE
EMPLOYER'S WORK SCHEDULE.
§ 183. REQUIREMENTS FOR REPORTING TIME PAY, SPLIT SHIFT PAY, AND
ADVANCE NOTICE OF WORK SCHEDULES FOR RETAIL, FOOD SERVICE OR CLEANING
EMPLOYEES. 1. AN EMPLOYER SHALL PAY A RETAIL, FOOD SERVICE, OR CLEANING
EMPLOYEE:
(A) FOR AT LEAST FOUR HOURS AT THE REGULAR RATE OF PAY OF THE EMPLOYEE
INVOLVED FOR EACH DAY ON WHICH THE RETAIL, FOOD SERVICE, OR CLEANING
EMPLOYEE REPORTS FOR WORK, AS REQUIRED BY THE EMPLOYER, BUT IS GIVEN
LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S SCHEDULED
HOURS FOR A DAY ARE LESS THAN FOUR HOURS, SUCH EMPLOYEE SHALL BE PAID
FOR THE SCHEDULED HOURS OF THE EMPLOYEE INVOLVED FOR THAT DAY IF GIVEN
LESS THAN THE SCHEDULED HOURS OF WORK; AND
(B) FOR AT LEAST ONE HOUR AT THE REGULAR RATE OF PAY OF THE EMPLOYEE
INVOLVED FOR EACH DAY THE RETAIL, FOOD SERVICE, OR CLEANING EMPLOYEE IS
GIVEN SPECIFIC INSTRUCTIONS TO CONTACT THE EMPLOYER OF THE EMPLOYEE
INVOLVED, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN TWENTY-FOUR
HOURS IN ADVANCE OF THE START OF A POTENTIAL WORK SHIFT TO DETERMINE
WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
2. AN EMPLOYER SHALL PAY A RETAIL, FOOD SERVICE, OR CLEANING EMPLOYEE
FOR ONE ADDITIONAL HOUR AT THE EMPLOYEE'S REGULAR RATE OF PAY FOR EACH
DAY DURING WHICH THE EMPLOYEE WORKS A SPLIT SHIFT.
S. 1214 5
3. (A) ON OR BEFORE A NEW RETAIL, FOOD SERVICE, OR CLEANING EMPLOYEE'S
FIRST DAY OF WORK, THE EMPLOYER SHALL INFORM THE EMPLOYEE IN WRITING OF
THE WORK SCHEDULE OF THE EMPLOYEE INVOLVED AND THE MINIMUM NUMBER OF
EXPECTED WORK HOURS THE EMPLOYEE WILL BE ASSIGNED TO WORK PER MONTH.
(B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, IF A
RETAIL, FOOD SERVICE, OR CLEANING EMPLOYEE'S WORK SCHEDULE CHANGES FROM
THE WORK SCHEDULE OF WHICH THE EMPLOYEE WAS INFORMED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, THE EMPLOYER SHALL PROVIDE THE EMPLOYEE
WITH THE NEW WORK SCHEDULE OF THE EMPLOYEE INVOLVED NOT LESS THAN FOUR-
TEEN DAYS BEFORE THE FIRST DAY OF THE NEW WORK SCHEDULE. IF THE EXPECTED
MINIMUM NUMBER OF WORK HOURS THAT A RETAIL, FOOD SERVICE OR CLEANING
EMPLOYEE WILL BE ASSIGNED CHANGES FROM THE NUMBER OF WHICH THE EMPLOYEE
INVOLVED WAS INFORMED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE
EMPLOYER SHALL ALSO PROVIDE NOTIFICATION OF THAT CHANGE, NOT LESS THAN
FOURTEEN DAYS IN ADVANCE OF THE FIRST DAY THIS CHANGE WILL GO INTO
EFFECT. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT AN
EMPLOYER FROM PROVIDING GREATER ADVANCE NOTICE OF A RETAIL, FOOD SERVICE
OR CLEANING EMPLOYEE'S WORK SCHEDULE THAN IS REQUIRED UNDER THIS SUBDI-
VISION.
(C) AN EMPLOYER MAY MAKE WORK SCHEDULE CHANGES AS NEEDED, INCLUDING BY
OFFERING ADDITIONAL HOURS OF WORK TO RETAIL, FOOD SERVICE OR CLEANING
EMPLOYEES BEYOND THOSE PREVIOUSLY SCHEDULED, BUT AN EMPLOYER SHALL BE
REQUIRED TO PROVIDE ONE EXTRA HOUR OF PAY AT THE EMPLOYEE'S REGULAR RATE
FOR EACH SHIFT THAT IS CHANGED WITH LESS THAN TWENTY-FOUR HOURS' NOTICE,
EXCEPT IN THE CASE OF THE NEED TO SCHEDULE THE EMPLOYEE DUE TO THE
UNFORESEEN UNAVAILABILITY OF A RETAIL, FOOD SERVICE OR CLEANING EMPLOYEE
PREVIOUSLY SCHEDULED TO WORK THAT SHIFT.
(D) THE NOTIFICATIONS REQUIRED UNDER PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION SHALL BE MADE TO THE EMPLOYEE INVOLVED IN WRITING. NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED AS PROHIBITING AN EMPLOYER FROM
USING ANY ADDITIONAL MEANS OF NOTIFYING A RETAIL, FOOD SERVICE OR CLEAN-
ING EMPLOYEE OF THE WORK SCHEDULE OF THE EMPLOYEE INVOLVED.
(E) EVERY EMPLOYER EMPLOYING ANY RETAIL, FOOD SERVICE OR CLEANING
EMPLOYEE SHALL POST THE SCHEDULE AND KEEP IT POSTED IN A CONSPICUOUS
PLACE IN EVERY ESTABLISHMENT WHERE SUCH EMPLOYEE IS EMPLOYED SO AS TO
PERMIT THE EMPLOYEE INVOLVED TO OBSERVE READILY A COPY THEREOF. AVAIL-
ABILITY OF THAT SCHEDULE BY ELECTRONIC MEANS ACCESSIBLE BY ALL RETAIL,
FOOD SERVICE OR CLEANING EMPLOYEES OF THAT EMPLOYER SHALL BE CONSIDERED
COMPLIANCE WITH THIS PARAGRAPH.
(F) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT AN EMPLOYER
FROM ALLOWING A RETAIL, FOOD SERVICE OR CLEANING EMPLOYEE TO WORK IN
PLACE OF ANOTHER EMPLOYEE WHO HAS BEEN SCHEDULED TO WORK A PARTICULAR
SHIFT AS LONG AS THE CHANGE IN SCHEDULE IS MUTUALLY AGREED UPON BY THE
EMPLOYEES. AN EMPLOYER SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF PARA-
GRAPH (B) OR (C) OF THIS SUBDIVISION FOR SUCH VOLUNTARY SHIFT TRADES.
4. ANY PAY PROVIDED TO AN EMPLOYEE PURSUANT TO SUBDIVISIONS ONE OR TWO
OR PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION SHALL BE INCLUDED
IN THE EMPLOYEE'S REGULAR PAYCHECK. THE EMPLOYER SHALL IDENTIFY, IN THE
CORRESPONDING WRITTEN WAGE STATEMENT OR PAY STUB, THE TOTAL NUMBER OF
HOURS OF ADDITIONAL PAY PROVIDED FOR THE PAY PERIOD INVOLVED AND WHETHER
THE ADDITIONAL PAY WAS DUE TO THE REQUIREMENTS OF PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION, THE REQUIREMENTS OF PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION, THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS SECTION, OR THE REQUIREMENTS OF PARAGRAPH (C) OF SUBDIVISION THREE
OF THIS SECTION.
S. 1214 6
5. THE REQUIREMENTS IN SUBDIVISIONS ONE THROUGH THREE OF THIS SECTION
SHALL NOT APPLY DURING PERIODS WHEN REGULAR OPERATIONS OF THE EMPLOYER
ARE SUSPENDED DUE TO EVENTS BEYOND THE EMPLOYER'S CONTROL.
§ 184. PROHIBITED ACTS. 1. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO
INTERFERE WITH, RESTRAIN, OR DENY THE EXERCISE OR THE ATTEMPT TO EXER-
CISE, ANY RIGHT OF AN EMPLOYEE AS SET FORTH IN SECTION ONE HUNDRED
EIGHTY-TWO OF THIS ARTICLE OR OF A RETAIL, FOOD SERVICE OR CLEANING
EMPLOYEE AS SET FORTH IN SECTION ONE HUNDRED EIGHTY-THREE OF THIS ARTI-
CLE.
2. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO DISCHARGE, THREATEN TO
DISCHARGE, DEMOTE, SUSPEND, REDUCE WORK HOURS OF, OR TAKE ANY OTHER
ADVERSE EMPLOYMENT ACTION AGAINST ANY EMPLOYEE IN RETALIATION FOR EXER-
CISING THE RIGHTS OF AN EMPLOYEE UNDER THIS ARTICLE OR OPPOSING ANY
PRACTICE MADE UNLAWFUL BY THIS ARTICLE. FOR THE PURPOSES OF SECTION ONE
HUNDRED EIGHTY-TWO OF THIS ARTICLE, SUCH RETALIATION SHALL INCLUDE
TAKING AN ADVERSE EMPLOYMENT ACTION AGAINST ANY EMPLOYEE ON THE BASIS OF
THAT EMPLOYEE'S ELIGIBILITY OR PERCEIVED ELIGIBILITY TO REQUEST OR
RECEIVE A CHANGE IN THE TERMS AND CONDITIONS OF EMPLOYMENT, AS DESCRIBED
IN SUCH SECTION, ON THE BASIS OF A REASON SET FORTH IN SUBDIVISION THREE
OF SUCH SECTION.
3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO DISCHARGE OR IN ANY OTHER
MANNER DISCRIMINATE AGAINST ANY INDIVIDUAL BECAUSE SUCH INDIVIDUAL:
(A) HAS FILED ANY CHARGE, OR HAS INSTITUTED OR CAUSED TO BE INSTITUTED
ANY PROCEEDING, UNDER OR RELATED TO THIS ARTICLE;
(B) HAS GIVEN OR IS ABOUT TO GIVE, ANY INFORMATION IN CONNECTION WITH
ANY INQUIRY OR PROCEEDING RELATING TO ANY RIGHT PROVIDED UNDER THIS
ARTICLE; OR
(C) HAS TESTIFIED, OR IS ABOUT TO TESTIFY, IN ANY INQUIRY OR PROCEED-
ING RELATING TO ANY RIGHT PROVIDED UNDER THIS ARTICLE.
§ 185. CIVIL ACTION. 1. ANY PERSON DENIED BENEFITS DUE UNDER THIS
ARTICLE OR AGGRIEVED BY AN ACTION MADE UNLAWFUL BY THIS ARTICLE SHALL
HAVE A CAUSE OF ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR
DAMAGES, INCLUDING ANY WAGES, SALARY, EMPLOYMENT BENEFITS OR OTHER
COMPENSATION DENIED OR LOST TO SUCH INDIVIDUAL BY REASONS OF THE
VIOLATION AND/OR ANY ACTUAL MONETARY LOSSES SUSTAINED BY THE INDIVIDUAL
AS A DIRECT RESULT OF THE VIOLATION, AS WELL AS INTEREST ON SUCH AMOUNT
CALCULATED AT THE PREVAILING RATE, AND SUCH EQUITABLE RELIEF AS MAY BE
APPROPRIATE, INCLUDING EMPLOYMENT, REINSTATEMENT, AND PROMOTION, TOGETH-
ER WITH COSTS AND SUCH REASONABLE ATTORNEYS' FEES AS MAY BE ALLOWED BY
THE COURT.
2. ON BEHALF OF ANY EMPLOYEE DENIED BENEFITS DUE UNDER THIS ARTICLE OR
AGGRIEVED BY AN ACTION MADE UNLAWFUL BY THIS ARTICLE, THE COMMISSIONER
MAY BRING A LEGAL ACTION NECESSARY TO COLLECT DAMAGES DUE TO THE
VIOLATION, AND THE EMPLOYER SHALL BE REQUIRED TO PAY SUCH DAMAGES.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION TO RECOVER
UPON LIABILITY IMPOSED BY THIS ARTICLE MUST BE COMMENCED WITHIN TWO
YEARS.
§ 186. OTHER LEGAL REQUIREMENTS. 1. THIS ARTICLE PROVIDES MINIMUM
REQUIREMENTS AND SHALL NOT BE CONSTRUED TO PREEMPT, LIMIT, OR OTHERWISE
AFFECT THE APPLICABILITY OF ANY OTHER LAW, REGULATION, REQUIREMENT,
POLICY, OR STANDARD THAT PROVIDES FOR GREATER RIGHTS FOR EMPLOYEES THAN
ARE REQUIRED IN THIS ARTICLE.
2. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS CREATING OR IMPOSING
ANY REQUIREMENT IN CONFLICT WITH ANY FEDERAL OR STATE LAW, RULE OR REGU-
LATION, NOR SHALL ANYTHING IN THIS ARTICLE BE CONSTRUED TO DIMINISH OR
S. 1214 7
IMPAIR THE RIGHTS OF AN EMPLOYEE OR EMPLOYER UNDER ANY VALID COLLECTIVE
BARGAINING AGREEMENT.
§ 187. SAVINGS CLAUSE. IF ANY PROVISION OF THIS ARTICLE OR THE APPLI-
CATION THEREOF TO ANY PERSON, EMPLOYER, OCCUPATION OR CIRCUMSTANCE IS
HELD INVALID, THE REMAINDER OF THE ARTICLE AND THE APPLICATION OF SUCH
PROVISION TO OTHER PERSONS, EMPLOYEES, OCCUPATIONS, OR CIRCUMSTANCES
SHALL NOT BE AFFECTED THEREBY.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.
