NY State Senate Bill S17A

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2021	signed chap.493
Oct 13, 2021	delivered to governor
Jun 07, 2021	returned to senate passed assembly ordered to third reading rules cal.473 substituted for a7373
Mar 01, 2021	referred to labor delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.360
Feb 04, 2021	print number 17a
Feb 04, 2021	amend and recommit to labor
Jan 06, 2021	referred to labor

Votes

view votes

Mar 1, 2021 - floor Vote

S17A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2021 - Labor committee Vote

S17A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S17 - Details

See Assembly Version of this Bill:: A7373
Law Section:: Labor Law
Laws Affected:: Add §605-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S9024

S17 - Summary

Authorizes 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.

S17 - Sponsor Memo

 
BILL NUMBER: S17

SPONSOR: MAYER
 
TITLE OF BILL:

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 layoff or for  purposes of re-hiring

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide employees with a right to petition their employer to consider
a shared work program in lieu of layoffs, or for purposes of re-hiring
laid off employees.

 
SUMMARY OF PROVISIONS:

Section 1 provides that a majority of the employees of an employer may
petition an employer, in writing, within ten days after a layoff, or in
advance of a layoff if there is a good faith expectation of a layoff, to
implement a shared work program for purposes of avoiding such layoff or

to enable re-hiring of laid off workers. The employer would have to
respond in writing within seven days. In no event would an employer be
permitted to discriminate, retaliate, or take other adverse action
against any employee for exercising this petitioning right.

Section 2 provides the effective date.

 
JUSTIFICATION:

Shared work programs allow employers to reduce employee hours across the
board in order to avoid layoffs. The state then makes up the loss of
wages resulting from those reduced working hours through unemployment
insurance assistance. However, unlike other countries, particularly in
Europe, where shared work has been implemented widely to avoid job loss-
es, the United States, despite having shared work programs available,
has not seen significant uptake.

This bill encourages broader use of shared work programs by granting
employees a right to petition their employer to implement a shared work
program in order to avoid layoffs, or to re-hire laid off workers, thus
creating another avenue by which employers may be made aware of the
option and encouraging its use. While the employer would have to respond
in writing to such a petition, there would be no obligation to implement
a shared work program.  Furthermore, because the bill would bar any
retaliatory action for petitioning, workers would be protected against
retaliation when bringing the program to their employer's attention.

This bill is particularly salient in the time of state-imposed COVID-19
restrictions, continued concerns about infection, and other consider-
ations that limit the ability of many businesses to re-open at full
strength. Rather than these businesses only re-hiring a portion of their
workforce, shared work programs would allow a business to re-hire the
entire slate of pre-closure workers (or a larger portion than they
otherwise would) at reduced hours. This would result in more workers
being re-employed and reduced unemployment insurance benefit costs, and
businesses would have the benefit of maintaining existing relationships
with more workers, so that when they eventually open back up at full

capacity, they can avoid the transaction costs of having to make and
train new hires.

The United States Department of Labor recently issued guidance making
clear that shared work programs can be used for purposes of re-opening
the economy through the re-hiring of laid off workers, and suggests that
such use would be beneficial to both businesses and workers.

This bill provides one more tool for workers to help themselves get back
to work and to help their employers renew the integrity of pre-closure
operations and avoid future layoffs.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S17 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    17
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee 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 layoff 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 COMPRISING  A
 MAJORITY  OF  ALL EMPLOYEES MAY, WITHIN TEN DAYS AFTER ANY LAYOFF OR, IF
 THERE IS A GOOD FAITH EXPECTATION OF A LAYOFF  OCCURRING  WITHIN  THIRTY
 DAYS, PRIOR TO SUCH EXPECTED LAYOFF, PETITION IN WRITING THE EMPLOYER OF
 SUCH GROUP OF EMPLOYEES TO APPLY TO PARTICIPATE IN A SHARED WORK PROGRAM
 FOR  PURPOSES  OF  AVOIDING SUCH LAYOFF OR FOR PURPOSES OF RE-HIRING ANY
 FORMER EMPLOYEE OR EMPLOYEES OF THE EMPLOYER.  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 DECI-
 SION 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.
   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.
                                                            LBD02686-01-1

Co-Sponsors

S17A (ACTIVE) - Details

See Assembly Version of this Bill:: A7373
Law Section:: Labor Law
Laws Affected:: Add §605-a, Lab L
Versions Introduced in 2019-2020 Legislative Session:: S9024

S17A (ACTIVE) - Summary

Authorizes 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.

S17A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S17A

SPONSOR: MAYER
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide employees with a right to petition their employer to consider
a shared work program in lieu of layoffs, or for purposes of re-hiring
laid off employees.

 
SUMMARY OF PROVISIONS:

Section 1 provides that a majority of the employees of an employer may
petition an employer, in writing, within ten days after a layoff, or in
advance of a layoff if there is a good faith expectation of a layoff, to

implement a shared work program for purposes of avoiding such layoff or
to enable re-hiring of laid off workers. The employer would have to
respond in writing within seven days. In no event would an employer be
permitted to discriminate, retaliate, or take other adverse action
against any employee for exercising this petitioning right.

Section 2 provides the effective date.

 
JUSTIFICATION:

Shared work programs allow employers to reduce employee hours across the
board in order to avoid layoffs. The state then makes up the loss of
wages resulting from those reduced working hours through unemployment
insurance assistance. However, unlike other countries, particularly in
Europe, where shared work has been implemented widely to avoid job loss-
es, the United States, despite having shared work programs available,
has not seen significant uptake.

This bill encourages broader use of shared work programs by granting
employees a right to petition their employer to implement a shared work
program in order to avoid layoffs, or to re-hire laid off workers, thus
creating another avenue by which employers may be made aware of the
option and encouraging its use. While the employer would have to respond
in writing to such a petition, there would be no obligation to implement
a shared work program. Furthermore, because the bill would bar any
retaliatory action for petitioning, workers would be protected against
retaliation when bringing the program to their employer's attention.

This bill is particularly salient in the time of state-imposed COVID-19
restrictions, continued concerns about infection, and other consider-
ations that limit the ability of many businesses to re-open at full
strength. Rather than these businesses only re-hiring a portion of their
workforce, shared work programs would allow a business to re-hire the
entire slate of pre-closure workers (or a larger portion than they
otherwise would) at reduced hours. This would result in more workers
being re-employed and reduced unemployment insurance benefit costs, and
businesses would have the benefit of maintaining existing relationships
with more workers, so that when they eventually open back up at full
capacity, they can avoid the transaction costs of having to make and
train new hires.

The United States Department of Labor recently issued guidance making
clear that shared work programs can be used for purposes of re-opening
the economy through the re-hiring of laid off workers, and suggests that
such use would be beneficial to both businesses and workers.

This bill provides one more tool for workers to help themselves get back
to work and to help their employers renew the integrity of pre-closure
operations and avoid future layoffs.

 
PRIOR LEGISLATIVE HISTORY:

2020: Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S17A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   17--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 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.
                                                            LBD02686-02-1

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The New York State Senate

senate Bill S17A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 1, 2021 - floor Vote

Floor Vote: Mar 1, 2021

Feb 9, 2021 - Labor committee Vote

Labor Committee Vote: Feb 9, 2021

Bill Amendments

S17 - Details

S17 - Summary

S17 - Sponsor Memo

S17 - Bill Text download pdf

Co-Sponsors

S17A (ACTIVE) - Details

S17A (ACTIVE) - Summary

S17A (ACTIVE) - Sponsor Memo

S17A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S17A

Share this bill

Sponsored By

Shelley B. Mayer

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Mar 1, 2021 - floor Vote

Floor Vote: Mar 1, 2021

Feb 9, 2021 - Labor committee Vote

Labor Committee Vote: Feb 9, 2021

Bill Amendments

S17 - Details

S17 - Summary

S17 - Sponsor Memo

S17 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

Michelle Hinchey

John W. Mannion

Kevin S. Parker

Luis R. Sepúlveda

S17A (ACTIVE) - Details

S17A (ACTIVE) - Summary

S17A (ACTIVE) - Sponsor Memo

S17A (ACTIVE) - Bill Text download pdf

Comments