senate Bill S837

2021-2022 Legislative Session

Creates additional remedies for unlawful discharge, penalty, or discrimination due to the exercise of an employee's right to be absent from employment for jury duty

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 26, 2022 reported and committed to labor
Jan 05, 2022 referred to judiciary
Jan 06, 2021 referred to judiciary

Votes

view votes

Apr 26, 2022 - Judiciary committee Vote

S837
9
1
committee
9
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Apr 26, 2022

nay (1)

S837 (ACTIVE) - Details

See Assembly Version of this Bill:
A1430
Current Committee:
Senate Labor
Law Section:
Judiciary Law
Laws Affected:
Amd §§519 & 750, Judy L; amd §215, Lab L
Versions Introduced in Other Legislative Sessions:
2009-2010: A609
2011-2012: A718
2013-2014: A649
2015-2016: A116
2017-2018: A2527
2019-2020: S3351, A3534

S837 (ACTIVE) - Summary

Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service.

S837 (ACTIVE) - Sponsor Memo

S837 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    837
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law and the  labor  law,  in  relation  to
   creating  additional  remedies  for  unlawful  discharge,  penalty  or
   discrimination on account of the exercise of a  juror's  right  to  be
   absent from employment for jury duty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 519 of the judiciary law, as added by  chapter  85
 of the laws of 1995, is amended to read as follows:
   § 519. Right of juror to be absent from employment.  Any person who is
 summoned  to  serve  as a juror under the provisions of this article and
 who notifies his or her employer to that effect prior to  the  commence-
 ment  of a term of service shall not, on account of absence from employ-
 ment by reason of such jury  service,  be  subject  to  discharge  [or],
 penalty, OR DISCRIMINATION IN ANY OTHER MANNER.  An employer may, howev-
 er,  withhold  wages  of any such employee serving as a juror during the
 period of such service; provided that an employer who employs more  than
 ten employees shall not withhold the first forty dollars of such juror's
 daily  wages during the first three days of jury service. Withholding of
 wages in accordance with this section shall not be deemed a  penalty  OR
 DISCRIMINATION  IN  ANY  OTHER MANNER.   Violation of this section shall
 constitute a criminal contempt of court punishable pursuant  to  section
 seven  hundred  fifty  of  this  chapter  AND  SHALL  ALSO  CONSTITUTE A
 VIOLATION OF SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW AND BE SUBJECT
 TO THE CIVIL PENALTIES AND CIVIL ACTION PROVIDED FOR THEREUNDER.
   § 2. Paragraph 7 of subdivision A of section 750 of the judiciary law,
 as amended by chapter 823 of the laws of 1982, is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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