S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5642--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Labor -- recommitted to the Committee on Labor in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the labor law, in relation to enacting the "standing is
   tiring (sit) act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "standing
 is tiring (sit) act".
   § 2. The labor law is amended by adding a new section 203-g to read as
 follows:
   § 203-G. EMPLOYEE RIGHT TO SIT. 1.  FOR THE PURPOSES OF THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "EMPLOYEE"  MEANS  ANY PERSON WITHIN A COVERED INDUSTRY PROVIDING
 LABOR OR SERVICES FOR REMUNERATION FOR A PUBLIC  OR  PRIVATE  ENTITY  OR
 BUSINESS WITHIN THE STATE, WITHOUT REGARD TO AN INDIVIDUAL'S IMMIGRATION
 STATUS,  AND  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, PART-TIME WORKERS,
 INDEPENDENT CONTRACTORS, DAY LABORERS, FARMWORKERS AND  OTHER  TEMPORARY
 AND SEASONAL WORKERS. THE TERM "EMPLOYEE" SHALL ALSO INCLUDE INDIVIDUALS
 WORKING  FOR STAFFING AGENCIES, CONTRACTORS, OR SUBCONTRACTORS ON BEHALF
 OF THE EMPLOYER AT ANY INDIVIDUAL WORKSITE.
   (B) "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION,  CORPO-
 RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
 PUBLIC  ENTITY,  OR  ANY  ORGANIZED  GROUP  ACTING  AS EMPLOYER WITHIN A
 COVERED INDUSTRY.
   (C) "COVERED INDUSTRY" MEANS ANY OF THE FOLLOWING  BUSINESSES,  INDUS-
 TRIES, OR TYPES OF EMPLOYMENT, INCLUDING BUT NOT LIMITED TO, IN PRIVATE,
 UNIVERSITY,  OR  NONPROFIT  SETTINGS: RETAIL, RESTAURANT, GROCERY, CLER-
 ICAL, CARWASH, MAINTENANCE OR JANITORIAL, AND HEALTHCARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00513-07-4
 A. 5642--A                          2
              

 
   2.  AN EMPLOYER SHALL BE REQUIRED TO PROVIDE  SUITABLE  SEATS  TO  ALL
 EMPLOYEES  WHERE  THE  NATURE OF SUCH EMPLOYEES' WORK REASONABLY PERMITS
 SEATED WORK.
   3.  AN  EMPLOYER  SHALL  BE  PROHIBITED FROM DESIGNING A WORK SPACE TO
 REQUIRE STANDING WHERE SUCH WORK SPACE COULD REASONABLY BE  DESIGNED  TO
 PERMIT SEATED WORK.
   4.  WHERE  THE NATURE OF AN EMPLOYEE'S WORK DOES NOT REASONABLY PERMIT
 SEATED WORK, THE EMPLOYER SHALL PROVIDE ANTI-FATIGUE MATS OR OTHER ERGO-
 NOMICS CONTROLS THAT ARE CONDUCIVE TO THE PARTICULAR WORK ENVIRONMENT.
   5. THE DEPARTMENT SHALL PROMULGATE RULES AND/OR REGULATIONS FOR DETER-
 MINING WHETHER THE NATURE OF AN EMPLOYEE'S WORK REASONABLY PERMITS SEAT-
 ED WORK UNDER SUBDIVISIONS TWO AND FOUR OF THIS SECTION,  BASED  ON  THE
 TOTALITY  OF  THE  CIRCUMSTANCES  FOR  EACH EMPLOYEE, INCLUDING, BUT NOT
 LIMITED TO, WHETHER:
   (A) AN EMPLOYEE'S TASKS CAN BE PERFORMED FROM A CHAIR;
   (B) SEATING AN EMPLOYEE WOULD INTERFERE WITH JOB PERFORMANCE; AND
   (C) THE PHYSICAL LAYOUT OF A WORK SPACE IS CONDUCIVE TO SEATING.
   6.  THE DEPARTMENT SHALL CREATE SIGNAGE AND EDUCATIONAL MATERIALS  FOR
 THE  PURPOSE  OF INFORMING EMPLOYEES OF THEIR RIGHTS UNDER THIS SECTION.
 SUCH SIGNAGE AND EDUCATIONAL MATERIALS SHALL BE MADE  AVAILABLE  ON  THE
 DEPARTMENT'S  WEBSITE,  AND  UPON REQUEST BY AN EMPLOYER OR EMPLOYEE, IN
 THE TWELVE MOST COMMON LANGUAGES SPOKEN IN THE STATE, AS  DETERMINED  BY
 THE  DEPARTMENT.  THE  DEPARTMENT  SHALL  REQUIRE EMPLOYERS TO POST SUCH
 SIGNAGE CONSPICUOUSLY, AND  SHALL  REQUIRE  EMPLOYERS  TO  PROVIDE  SUCH
 EDUCATIONAL MATERIALS TO EMPLOYEES UPON HIRING OF SUCH EMPLOYEES.
   7.  (A)  THE  DEPARTMENT SHALL ESTABLISH AN ONLINE FORM ON ITS WEBSITE
 WITH WHICH AN EMPLOYEE SUBJECT TO THIS SECTION SHALL HAVE THE ABILITY TO
 FILE A COMPLAINT WITH THE  DEPARTMENT  REGARDING  A  VIOLATION  OF  THIS
 SECTION BY AN EMPLOYER. ANY SUCH COMPLAINTS SHALL BE INVESTIGATED BY THE
 DEPARTMENT,  AND IF A VIOLATION OF THIS SECTION IS FOUND, THE DEPARTMENT
 SHALL ISSUE A NOTICE OF SUCH VIOLATION TO THE EMPLOYER WITHIN FORTY-FIVE
 DAYS OF RECEIPT OF THE ORIGINAL COMPLAINT BY THE DEPARTMENT.
   (B) IF AN EMPLOYER FAILS TO COMPLY WITH A NOTICE OF A VIOLATION ISSUED
 BY THE DEPARTMENT PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION  WITHIN
 FORTY-FIVE  DAYS  OF RECEIPT OF SUCH NOTICE, THE DEPARTMENT SHALL IMPOSE
 AGAINST SUCH EMPLOYER A FINE OF NOT LESS THAN ONE  HUNDRED  DOLLARS  FOR
 EACH  DAY  UNTIL  SUCH  VIOLATION  IS  CURED. ALL FUNDS COLLECTED BY THE
 DEPARTMENT FROM FINES IMPOSED UNDER THIS PARAGRAPH  SHALL  BE  USED  FOR
 ENFORCEMENT  OF  THIS SECTION, AND ANY REMAINING FUNDS SHALL BE DIRECTED
 TO THE NEW YORK STATE OCCUPATIONAL SAFETY AND  HEALTH  HAZARD  ABATEMENT
 BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-SEVEN-A OF THIS CHAPTER FOR
 USE BY SUCH BOARD.
   8. IN ADDITION TO THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION,
 AN EMPLOYEE SHALL HAVE A PRIVATE RIGHT OF ACTION FOR DAMAGES AGAINST ANY
 EMPLOYER  WHO  FAILS  TO  PROVIDE  SUITABLE  SEATING TO SUCH EMPLOYEE IN
 VIOLATION OF SUBDIVISION TWO OF THIS SECTION.
   9. THERE SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION  IF
 AN  EMPLOYER  IN  ANY  MANNER  DISCRIMINATES,  RETALIATES,  OR TAKES ANY
 ADVERSE ACTION AGAINST AN EMPLOYEE WITHIN NINETY DAYS OF  SUCH  EMPLOYEE
 INITIATING A COMPLAINT PURSUANT TO THIS SECTION.
   §  3. This act shall take effect one year after it shall have become a
 law.