NY State Senate Bill 2021-S640

Archive: Last Bill Status - In Senate Committee Labor Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 06, 2021	referred to labor

2021-S640 (ACTIVE) - Details

See Assembly Version of this Bill:: A761
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8308, A10437
2023-2024: S913, A2562

2021-S640 (ACTIVE) - Summary

Establishes an essential workers' bill of rights; provides that all employers shall provide essential workers with personal protective equipment, inform such workers of exposure to any disease related to a state disaster emergency, and not retaliate for any report of an unsafe work environment; provides certain employers shall make hazard payments and cover the costs of any child care or health care needed by such essential workers for the duration of the state disaster emergency.

2021-S640 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S640

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing an essential
workers' bill of rights

 
PURPOSE:

To ensure rights, protection and hazard pay for essential workers during
a state of emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the labor law to adding section 202-n.

Subsection 1 defines: "essential workers."

Subsection 2 requires that during a state of emergency, employers of
essential workers must implement the essential workers' bill of rights

including the following

-Employers must provide adequate personal protective equipment and
products at no cost to the workers;

-Employers must inform essential workers when an employee has contracted
a disease related to such state disaster emergency and of a worker's
potential exposure to disease;

-Employers may not retaliate or discriminate against an essential worker
for reporting any unsafe work environment;

Subsection 3:

-Defines: "employer," "formula retail store," "large employer," "manu-
facturing," "not-for-profit organization," "transportation business,"
"franchisee or subcontractor."

-Directs the Labor Commissioner to direct employers who meet the
requirements of this subdivision to make hazard payments to essential
workers during a state disaster emergency. The payments will be a
percentage or a fixed dollar amount, as prescribed by the commissioner.
No hazard payment will exceed twenty-five thousand dollars in any year
for any essential worker earning less than two hundred thousand dollars
per year or five thousand dollars for any essential worker earning more
than two hundred thousand dollars. Hazard payments will be in addition
to and not be part of an essential worker's basic annual salary, and
will not affect any performance advancement payments, performance
awards, longevity payments or other rights or benefits to which an
essential worker may be entitled. A hazard payment shall be terminated
upon the cessation of the state disaster emergency.

-Employers must cover the costs of any child care or health care needed
by essential workers during the duration of the state disaster emergen-
cy.

Section 2 is the effective date.

 
JUSTIFICATION:

During an unprecedented pandemic or state of emergency, many essential
workers continue to go to work exposing themselves to high-risk condi-
tions without appropriate protective equipment, adequate safety stand-
ards, proper health care and childcare or basic job protections. This
leaves them susceptible to contracting contagions and other dangers at a
higher rate than the general public.

For example, during the first few months of the COVID-19 pandemic in the
United States, the Occupational Safety and Health Administration (OSHA)
received more than 3,000 worker complaints regarding the coronavirus
between January 2020 and April 2020 outlining the fear and danger essen-
tial workers faced on a daily basis. Complaints highlighted the lack of
personal protective equipment, the lack of transparency regarding
coworkers testing positive for the virus, and inadequate pay. To date,
there have been patchwork suggestions issued at the federal state and
local levels, but no widespread regulations to ensure the safety and
wellbeing of essential workers.

This legislation would require employers of essential workers as defined
by the Governor Cuomo's Executive Order 202.6 of 2020 to implement an
essential workers' bill of rights that:

-Would ensure workers have adequate personal protective equipment

-Would mandate that employers inform workers when an employee has
contracted a disease related to the state of emergency and of a worker's
potential exposure to disease;

-Would prevent employers from retaliating or discriminating against an
essential worker for reporting any unsafe work environment;

-Would require that employers cover the costs of any child care or
health care needed by essential workers during the duration of the state
of emergency.

-Certain large employers would also be required to pay essential workers
a payment that is a percentage or a fixed dollar amount, set by the
Labor Commissioner. The benefit would be capped at $25,000 for workers
earning less than $200,000 per year and at $5,000 for those earning more
than $200,000. Small businesses, manufacturers, and nonprofits would be
exempt from this requirement.

 
PRIOR LEGISLATIVE HISTORY:

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S640 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    640
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 establishing an  essential
   workers' bill of rights

   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  202-n  to
 read as follows:
   §  202-N.  ESSENTIAL  WORKERS'  BILL OF RIGHTS. 1. FOR THE PURPOSES OF
 THIS SECTION, "ESSENTIAL WORKER" MEANS ANY EMPLOYEE  OF  A  BUSINESS  OR
 ENTITY PROVIDING ESSENTIAL SERVICES OR FUNCTIONS DURING ANY STATE DISAS-
 TER  EMERGENCY  DECLARED  PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW
 AND DESIGNATED AS AN ESSENTIAL WORKER PURSUANT TO ANY LAW,  RULE,  REGU-
 LATION  OR EXECUTIVE ORDER INCLUDING BUT NOT LIMITED TO ESSENTIAL HEALTH
 CARE OPERATIONS INCLUDING RESEARCH AND  LABORATORY  SERVICES;  ESSENTIAL
 INFRASTRUCTURE  INCLUDING  UTILITIES,  TELECOMMUNICATION,  AIRPORTS  AND
 TRANSPORTATION INFRASTRUCTURE; ESSENTIAL MANUFACTURING,  INCLUDING  FOOD
 PROCESSING  AND  PHARMACEUTICALS;  ESSENTIAL  RETAIL  INCLUDING  GROCERY
 STORES AND PHARMACIES; ESSENTIAL SERVICES  INCLUDING  TRASH  COLLECTION,
 MAIL,  AND  SHIPPING  SERVICES;  NEWS MEDIA; BANKS AND RELATED FINANCIAL
 INSTITUTIONS; PROVIDERS OF BASIC NECESSITIES TO  ECONOMICALLY  DISADVAN-
 TAGED POPULATIONS; CONSTRUCTION; VENDORS OF ESSENTIAL SERVICES NECESSARY
 TO  MAINTAIN  THE  SAFETY,  SANITATION AND ESSENTIAL OPERATIONS OF RESI-
 DENCES OR OTHER ESSENTIAL BUSINESSES;  VENDORS  THAT  PROVIDE  ESSENTIAL
 SERVICES  OR PRODUCTS, INCLUDING LOGISTICS AND TECHNOLOGY SUPPORT, CHILD
 CARE AND SERVICES NEEDED TO ENSURE THE CONTINUING OPERATION  OF  GOVERN-
 MENT  AGENCIES  AND  PROVIDE  FOR  THE HEALTH, SAFETY AND WELFARE OF THE
 PUBLIC.
   2. DURING A STATE DISASTER EMERGENCY, ALL EMPLOYERS OF ESSENTIAL WORK-
 ERS SHALL ADOPT AND IMPLEMENT THE FOLLOWING ESSENTIAL WORKERS'  BILL  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD03488-01-1

 S. 640                              2
 
 RIGHTS  WHICH  SHALL BE DISTRIBUTED TO ESSENTIAL WORKERS, MADE AVAILABLE
 ON EACH EMPLOYER'S WEBSITE, AND SHALL INCLUDE LINKS  OR  INFORMATION  TO
 FILE  A  REPORT  AND  SEEK  A  RESPONSE  FROM SUCH EMPLOYER OR THE STATE
 REGARDING  ANY  UNSAFE  WORK ENVIRONMENT OR FAILURE TO MEET THE REQUIRE-
 MENTS OF THIS SECTION:
   (A) ALL  EMPLOYERS  SHALL  PROVIDE  ESSENTIAL  WORKERS  WITH  ADEQUATE
 PERSONAL  PROTECTIVE  EQUIPMENT AND PRODUCTS AT NO COST TO SUCH WORKERS,
 INCLUDING BUT NOT LIMITED TO HAND SANITIZER, MEDICAL OR SURGICAL  MASKS,
 MEDICAL  OR SURGICAL GLOVES, DISPOSABLE GOWNS AND ANY OTHER EQUIPMENT OR
 PRODUCT IDENTIFIED IN EMERGENCY REGULATIONS PROMULGATED BY  THE  COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   (B)  ALL EMPLOYERS SHALL INFORM ESSENTIAL WORKERS WHEN AN EMPLOYEE HAS
 CONTRACTED A DISEASE RELATED TO SUCH STATE DISASTER EMERGENCY AND  OF  A
 WORKER'S POTENTIAL EXPOSURE TO DISEASE; AND
   (C)  NO  EMPLOYER SHALL RETALIATE OR DISCRIMINATE AGAINST AN ESSENTIAL
 WORKER FOR REPORTING ANY UNSAFE WORK ENVIRONMENT.
   3. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "EMPLOYER" MEANS A FORMULA RETAIL STORE, LARGE EMPLOYER, TRANSPOR-
 TATION BUSINESS, OR FRANCHISEE OR SUBCONTRACTOR, AND INCLUDES ANY  INDI-
 VIDUAL,  PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY COMPA-
 NY, BUSINESS TRUST, LEGAL REPRESENTATIVE,  OR  ANY  ORGANIZED  GROUP  OF
 PERSONS ACTING AS SUCH AN EMPLOYER;
   (II)  "FORMULA RETAIL STORE" MEANS ANY EMPLOYER THAT OPERATES A RETAIL
 SALES OR RESTAURANT ESTABLISHMENT EITHER DIRECTLY OR THROUGH FRANCHISEES
 AND THAT, ALONG WITH ELEVEN OR MORE OTHER  RETAIL  SALES  OR  RESTAURANT
 ESTABLISHMENTS  LOCATED  IN  THE UNITED STATES, MAINTAINS TWO OR MORE OF
 THE FOLLOWING FEATURES: (A)  A  STANDARDIZED  ARRAY  OF  MERCHANDISE,  A
 STANDARDIZED  FACADE,  A  STANDARDIZED DECOR AND COLOR SCHEME, A UNIFORM
 APPAREL, STANDARDIZED SIGNAGE, A TRADEMARK; OR (B) A SERVICEMARK;
   (III) "LARGE EMPLOYER" MEANS ANY EMPLOYER THAT HAS ANNUAL GROSS REVEN-
 UE OF FIFTY MILLION DOLLARS OR  MORE,  BUT  SHALL  NOT  INCLUDE  (A)  AN
 EMPLOYER  WHOSE  PRINCIPAL  INDUSTRY IS MANUFACTURING; OR (B) A NOT-FOR-
 PROFIT ORGANIZATION. AN EMPLOYER SHALL BE DEEMED TO  HAVE  ANNUAL  GROSS
 REVENUE OF FIFTY MILLION DOLLARS OR MORE IF IT HAD REVENUE AT OR EXCEED-
 ING THAT LEVEL IN ANY OF THE PAST THREE FISCAL OR CALENDAR YEARS;
   (IV)  "MANUFACTURING"  MEANS THE PROCESS OF WORKING RAW MATERIALS INTO
 PRODUCTS SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR  NEW
 COMBINATIONS  TO  MATTER  WHICH HAS ALREADY GONE THROUGH SOME ARTIFICIAL
 PROCESS BY THE USE OF MACHINERY, TOOLS,  APPLIANCES,  OR  OTHER  SIMILAR
 EQUIPMENT;
   (V) "NOT-FOR-PROFIT ORGANIZATION" MEANS AN ENTITY EXEMPT FROM TAXATION
 UNDER SECTION 501(C)(3) OF THE FEDERAL INTERNAL REVENUE CODE;
   (VI) "TRANSPORTATION BUSINESS" MEANS ANY INDUSTRY, BUSINESS, OR ESTAB-
 LISHMENT  OPERATED FOR THE PURPOSE OF CONVEYING PERSONS OR PROPERTY FROM
 ONE PLACE TO ANOTHER WHETHER BY RAIL, HIGHWAY, AIR, OR  WATER,  AND  ALL
 OPERATIONS AND SERVICES IN CONNECTION THEREWITH; AND
   (VII)  "FRANCHISEE  OR SUBCONTRACTOR" MEANS ANY EMPLOYER THAT OPERATES
 UNDER A FRANCHISE AGREEMENT WITH A FORMULA RETAIL STORE OR LARGE EMPLOY-
 ER, OR THAT PROVIDES SERVICES, INCLUDING BUT NOT LIMITED TO  JANITORIAL,
 MAINTENANCE,  SECURITY,  STAFFING, PASSENGER SERVICES, FOOD SERVICES, OR
 TEMPORARY SERVICES TO A FORMULA RETAIL STORE, LARGE EMPLOYER, OR  TRANS-
 PORTATION BUSINESS.
   (B)  AN  EMPLOYER  MEETING  THE REQUIREMENTS OF THIS SUBDIVISION SHALL
 ALSO INCLUDE IN ITS ESSENTIAL WORKERS' BILL OF RIGHTS:
   (I) HAZARD PAYMENTS FOR ITS ESSENTIAL WORKERS. AN EMPLOYER  OF  ESSEN-
 TIAL  WORKERS  SHALL  MAKE  SUCH HAZARD PAYMENTS AT THE DIRECTION OF THE

 S. 640                              3
 
 COMMISSIONER. SUCH PAYMENT SHALL BE  A  PERCENTAGE  OR  A  FIXED  DOLLAR
 AMOUNT,  AS PRESCRIBED BY THE COMMISSIONER, PROVIDED, HOWEVER, NO HAZARD
 PAYMENT SHALL EXCEED TWENTY-FIVE THOUSAND DOLLARS IN ANY  YEAR  FOR  ANY
 ESSENTIAL WORKER EARNING LESS THAN TWO HUNDRED THOUSAND DOLLARS PER YEAR
 OR  FIVE THOUSAND DOLLARS FOR ANY ESSENTIAL WORKER EARNING MORE THAN TWO
 HUNDRED THOUSAND DOLLARS. SUCH PAYMENTS SHALL  BE  IN  ADDITION  TO  AND
 SHALL  NOT  BE  PART  OF  AN ESSENTIAL WORKER'S BASIC ANNUAL SALARY, AND
 SHALL  NOT  AFFECT  OR  IMPAIR  ANY  PERFORMANCE  ADVANCEMENT  PAYMENTS,
 PERFORMANCE  AWARDS,  LONGEVITY  PAYMENTS OR OTHER RIGHTS OR BENEFITS TO
 WHICH AN ESSENTIAL WORKER MAY BE ENTITLED. A  HAZARD  PAYMENT  SHALL  BE
 TERMINATED UPON THE CESSATION OF THE STATE DISASTER EMERGENCY; AND
   (II)  PAYMENT  OF THE COSTS OF ANY CHILD CARE OR HEALTH CARE NEEDED BY
 SUCH ESSENTIAL WORKERS FOR THE DURATION OF THE STATE DISASTER EMERGENCY.
   § 2. This act shall take effect immediately.

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Senate Bill S640

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2021-S640 (ACTIVE) - Details

2021-S640 (ACTIVE) - Summary

2021-S640 (ACTIVE) - Sponsor Memo

2021-S640 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S640

Share this bill

Sponsored By

John C. Liu

Archive: Last Bill Status - In Senate Committee Labor Committee

2021-S640 (ACTIVE) - Details

2021-S640 (ACTIVE) - Summary

2021-S640 (ACTIVE) - Sponsor Memo

2021-S640 (ACTIVE) - Bill Text download pdf

Comments