S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8070
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation  to  protections  and  rights
   afforded to delivery network company workers
 
   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  article  21-B  to
 read as follows:
                                ARTICLE 21-B
                         DELIVERY NETWORK COMPANIES
 SECTION 790. DEFINITIONS.
         790-A. DEACTIVATION REQUIREMENTS.
         790-B. RIGHT TO CHALLENGE DEACTIVATION.
         790-C. NOTICE OF DEACTIVATION.
         790-D. ACCESS TO RECORDS SUBSTANTIATING DEACTIVATION.
         790-E. AFFIRMATIVE PRODUCTION OF RECORDS.
         790-F. NOTICE OF RIGHTS.
         790-G. NETWORK COMPANY RECORDS.
         790-H. RETALIATION PROHIBITED.
         790-I. RULEMAKING AUTHORITY.
         790-J. ENFORCEMENT POWER AND DUTIES.
         790-K. VIOLATION.
         790-L. INVESTIGATION.
   §  790.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADVERSE ACTION" MEANS REDUCING COMPENSATION;  GARNISHING  TIPS  OR
 GRATUITIES;  TEMPORARILY  OR  PERMANENTLY  DENYING OR LIMITING ACCESS TO
 WORK, INCENTIVES, OR BONUSES; OFFERING LESS DESIRABLE WORK; TERMINATING;
 DEACTIVATING; THREATENING; PENALIZING; RETALIATING; ENGAGING  IN  UNFAIR
 IMMIGRATION-RELATED  PRACTICES;  FILING A FALSE REPORT WITH A GOVERNMENT
 AGENCY; OR DISCRIMINATING AGAINST ANY PERSON FOR ANY REASON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13223-01-3
              

 A. 8070                             2
 
   2. "DEACTIVATE" OR "DEACTIVATION" MEANS THE BLOCKING OF A DNC WORKER'S
 ACCESS TO A DNC'S DIGITAL NETWORK, PROHIBITING A DNC WORKER FROM ACCEPT-
 ING ANY FUTURE DNC ORDERS FOR SUCH DNC, OR OTHER MATERIAL RESTRICTION OF
 A DNC WORKER'S ACCESS TO SUCH DNC'S DIGITAL NETWORK. THE  TERM  "DEACTI-
 VATION"  SHALL  NOT  INCLUDE  A  TEMPORARY  SUSPENSION LASTING LESS THAN
 FORTY-EIGHT HOURS.
   3. "DEACTIVATION POLICY" MEANS A DNC'S POLICY FOR MEASURES TO BE TAKEN
 PRIOR TO IMPLEMENTING THE DEACTIVATION OF A DNC WORKER ADOPTED  PURSUANT
 TO SUBDIVISION ONE OF SECTION SEVEN HUNDRED NINETY-A OF THIS ARTICLE.
   4.  "DEACTIVATION CHALLENGE PROCEDURE" MEANS A PROCEDURE UNDER WHICH A
 DNC WORKER MAY CHALLENGE THEIR DEACTIVATION UNDER SECTION SEVEN  HUNDRED
 NINETY-B OF THIS ARTICLE.
   5.  (A)  "DELIVERY  NETWORK  COMPANY"  OR "DNC" MEANS A PERSON, CORPO-
 RATION, PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS  OPER-
 ATING  IN  NEW YORK STATE EXCLUSIVELY USING A DIGITAL NETWORK TO CONNECT
 DNC CUSTOMERS WITH DNC  WORKERS  WHO  PROVIDE  DELIVERY  FOR  ORDERS  OF
 PRODUCTS MADE VIA A DIGITAL NETWORK.
   (B) "DELIVERY NETWORK COMPANY" SHALL NOT INCLUDE:
   (I)  A  TRANSPORTATION  NETWORK COMPANY, AS DEFINED BY SECTION SIXTEEN
 HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW; OR
   (II) A RESTAURANT, OR RESTAURANT  CHAIN,  THAT  ENABLES  CUSTOMERS  TO
 PLACE  ORDERS  FOR FOOD USING A DIGITAL NETWORK THAT WAS CREATED SPECIF-
 ICALLY FOR USE BY CUSTOMERS OF SUCH RESTAURANT OR RESTAURANT CHAIN.
   6. "DELIVERY NETWORK COMPANY CUSTOMER"  OR  "DNC  CUSTOMER"  MEANS  AN
 INDIVIDUAL OR OTHER ENTITY WHO USES A DELIVERY NETWORK COMPANY'S DIGITAL
 NETWORK TO REQUEST A DNC ORDER.
   7.  "DELIVERY  NETWORK  COMPANY ORDER" OR "DNC ORDER" MEANS THE PICKUP
 AND DELIVERY OF PRODUCTS BY A DNC WORKER TO A DNC CUSTOMER  THROUGH  THE
 USE OF A DNC'S DIGITAL NETWORK:
   (A)  BEGINNING  WHEN A DNC WORKER ACCEPTS A DNC CUSTOMER'S REQUEST FOR
 SUCH PICKUP AND DELIVERY OF SUCH PRODUCTS THROUGH SUCH DIGITAL NETWORK;
   (B) CONTINUING WHILE THE DNC WORKER TRANSPORTS SUCH PRODUCTS; AND
   (C) ENDING WHEN THE DNC WORKER DELIVERS  SUCH  PRODUCTS  TO  SUCH  DNC
 CUSTOMER, OR TO SUCH DNC CUSTOMER'S REQUESTED DELIVERY LOCATION.
   8. "DELIVERY NETWORK COMPANY WORKER" OR "DNC WORKER" MEANS AN INDIVID-
 UAL  WHO  HAS ENTERED INTO AN AGREEMENT WITH A DNC TO PICKUP AND DELIVER
 DNC ORDERS FOR COMPENSATION.
   9. "DIGITAL NETWORK" MEANS ANY SYSTEM OR SERVICE OFFERED  OR  UTILIZED
 BY A DELIVERY NETWORK COMPANY THAT ENABLES DNC ORDERS TO BE DELIVERED BY
 DNC  WORKERS,  INCLUDING  BUT NOT LIMITED TO A SMARTPHONE APPLICATION OR
 ONLINE WEBSITE.
   10. "DISCRIMINATION" MEANS ANY OF THE  UNLAWFUL  DISCRIMINATORY  PRAC-
 TICES DESCRIBED IN SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   11. "EGREGIOUS MISCONDUCT" MEANS AN ACTION OR BEHAVIOR BY A DNC WORKER
 THAT:  (A)  ENDANGERS  THE  PHYSICAL  SAFETY  OF A DNC CUSTOMER, A THIRD
 PARTY, A DNC, OR AN ANIMAL; (B) INTENTIONALLY CAUSES ECONOMIC HARM TO  A
 DNC CUSTOMER, A THIRD PARTY, OR A DNC; (C) IS THREATENING, HARASSING, OR
 ABUSIVE TO A DNC CUSTOMER, A THIRD PARTY, OR A DNC; OR (E) CONSTITUTES A
 MISDEMEANOR OR FELONY UNDER THE LAWS OF THIS STATE.
   12.  "PRODUCTS"  SHALL INCLUDE, BUT NOT BE LIMITED TO, PREPARED FOODS,
 PACKAGED FOODS, ALCOHOLIC AND NON-ALCOHOLIC BEVERAGES, AND OTHER GOODS.
   13. "UNWARRANTED DEACTIVATION" SHALL MEAN A DEACTIVATION IN  VIOLATION
 OF SECTION SEVEN HUNDRED NINETY-A OF THIS ARTICLE.
   §  790-A.  DEACTIVATION  REQUIREMENTS.  1.  A DELIVERY NETWORK COMPANY
 SHALL ADOPT A POLICY FOR MEASURES TO BE TAKEN PRIOR TO IMPLEMENTING  THE
 DEACTIVATION OF A DNC WORKER. SUCH POLICY SHALL BE REASONABLY RELATED TO
 A. 8070                             3
 
 SUCH  DNC'S SAFE AND EFFICIENT OPERATIONS. POLICIES INCLUDING ANY OF THE
 FOLLOWING SHALL NOT BE IN COMPLIANCE WITH THIS SUBDIVISION:
   (A)  ANY RULE OR POLICY THAT WOULD RESULT IN A DEACTIVATION BASED ON A
 DNC WORKER'S AVAILABILITY TO WORK OR NUMBER OF HOURS WORKED;
   (B) ANY POLICY THAT WOULD RESULT IN A  DEACTIVATION  BASED  ON  A  DNC
 WORKER'S  ACCEPTANCE  OR  REJECTION  OF ANY INDIVIDUAL DNC ORDER, OR ANY
 NUMBER OR PROPORTION OF DNC ORDERS;
   (C) ANY POLICY THAT WOULD RESULT IN A  DEACTIVATION  BASED  ON  A  DNC
 WORKER'S  CANCELLATION OF A DNC ORDER WITH REASONABLE CAUSE, AS SHALL BE
 DEFINED BY SUCH DNC;
   (D) ANY POLICY THAT WOULD RESULT IN A  DEACTIVATION  BASED  ON  A  DNC
 WORKER CONTACTING SUCH DNC;
   (E)  ANY  POLICY THAT WOULD RESULT IN A DEACTIVATION BASED SOLELY ON A
 QUANTITATIVE METRIC DERIVED FROM AGGREGATE CUSTOMER  RATINGS  OF  A  DNC
 WORKER'S PERFORMANCE;
   (F) ANY POLICY THAT WOULD RESULT IN A DEACTIVATION BASED ON STATEMENTS
 BY A DNC WORKER REGARDING COMPENSATION AND/OR WORKING CONDITIONS MADE TO
 CUSTOMERS,  OTHER  DNC WORKERS, OTHER DNCS, THE MEDIA, PUBLIC OFFICIALS,
 AND/OR THE PUBLIC; OR
   (G) ANY POLICY THAT WOULD RESULT IN A  DEACTIVATION  BASED  ON  A  DNC
 WORKER ASSERTING THEIR LEGAL RIGHTS.
   2.  A DELIVERY NETWORK COMPANY SHALL PROVIDE EACH DNC WORKER A COPY OF
 ITS DEACTIVATION POLICY BEFORE ALLOWING SUCH DNC WORKER  TO  ACCEPT  ANY
 DNC  ORDERS  FOR  SUCH DNC. SUCH DEACTIVATION POLICY SHALL BE WRITTEN IN
 PLAIN LANGUAGE IN THE LANGUAGE SELECTED BY THE DNC WORKER  AS  SUCH  DNC
 WORKER'S PRIMARY LANGUAGE. SUCH DEACTIVATION POLICY SHALL BE MADE AVAIL-
 ABLE  TO  ANY  FORMER  DNC  WORKER OF A DNC FOR NO LESS THAN THREE YEARS
 AFTER DEACTIVATION OF SUCH DNC WORKER.
   3. A DELIVERY NETWORK COMPANY  SHALL  CONDUCT  A  FAIR  AND  OBJECTIVE
 INVESTIGATION,  AS  DETERMINED BY THE COMMISSIONER, PRIOR TO THE DEACTI-
 VATION OF ANY DNC WORKER. SUCH INVESTIGATION SHALL BE SUFFICIENTLY THOR-
 OUGH TO JUSTIFY  SUCH  DEACTIVATION  AND  DEMONSTRATE  AN  UNBIASED  AND
 NEUTRAL  VIEW  OF FACTS COLLECTED. IF SUCH DNC WORKER REFUSES TO PARTIC-
 IPATE IN SUCH INVESTIGATION OR PROVIDE RELEVANT  INFORMATION,  SUCH  DNC
 MAY  COMPLETE  SUCH INVESTIGATION BASED ON AVAILABLE SOURCES OF INFORMA-
 TION. SUCH DNC SHALL DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE THAT
 SUCH DNC WORKER VIOLATED SUCH DNC'S DEACTIVATION POLICY PRIOR TO DEACTI-
 VATION OF SUCH DNC WORKER. A DNC SHALL APPLY ITS DEACTIVATION POLICY  IN
 A CONSISTENT MANNER.
   4. DEACTIVATION OF A DNC WORKER BY A DNC SHALL BE IN VIOLATION OF THIS
 ARTICLE  IF  SUCH  DEACTIVATION  IS  INTENDED TO OR RESULTS IN DISCRIMI-
 NATION.
   5. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A DELIVERY  NETWORK
 COMPANY  SHALL  BE  AUTHORIZED TO IMMEDIATELY DEACTIVATE A DNC WORKER IF
 SUCH DEACTIVATION IS REQUIRED TO COMPLY WITH ANY APPLICABLE COURT  ORDER
 OR  LOCAL, STATE, OR FEDERAL LAW OR REGULATION, OR WHERE SUCH DNC WORKER
 HAS ENGAGED IN EGREGIOUS MISCONDUCT. IN THE CASE OF EGREGIOUS MISCONDUCT
 BY A DNC WORKER, A DNC MAY DEACTIVATE SUCH DNC WORKER BEFORE  CONDUCTING
 THE  INVESTIGATION  REQUIRED  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
 SECTION.  IN SUCH A CASE, SUCH INVESTIGATION SHALL NOT TAKE LONGER  THAN
 FOURTEEN  DAYS.  IF  SUCH  INVESTIGATION IS DELAYED DUE TO EXTRAORDINARY
 CIRCUMSTANCES, SUCH DNC SHALL  PROVIDE  SUCH  DNC  WORKER  WITH  WRITTEN
 NOTICE  THAT  SUCH  INVESTIGATION IS DELAYED, THE REASON FOR SUCH DELAY,
 AND THE DATE ON WHICH THE COMPLETION OF  SUCH  INVESTIGATION  IS  ANTIC-
 IPATED.
 A. 8070                             4
 
   § 790-B. RIGHT TO CHALLENGE DEACTIVATION. 1. A DELIVERY NETWORK COMPA-
 NY SHALL NOT SUBJECT A DNC WORKER TO AN UNWARRANTED DEACTIVATION.
   2.  A  DNC WORKER SHALL HAVE THE RIGHT TO CHALLENGE THEIR DEACTIVATION
 THROUGH AN INTERNAL DEACTIVATION CHALLENGE PROCEDURE.
   3. A DNC SHALL CREATE AN  INTERNAL  DEACTIVATION  CHALLENGE  PROCEDURE
 THAT  SHALL  BE  AVAILABLE TO DNC WORKERS IMMEDIATELY UPON THEIR DEACTI-
 VATION, AND UP TO NINETY DAYS AFTER SUCH DEACTIVATION.
   4. A DNC'S DEACTIVATION CHALLENGE PROCEDURE SHALL BE AVAILABLE TO  ITS
 DNC  WORKERS  IN WRITING, IN A FORMAT THAT IS READILY ACCESSIBLE, AND IN
 ENGLISH AND ANY LANGUAGE THAT SUCH DNC KNOWS OR HAS REASON  TO  KNOW  IS
 THE  PRIMARY  LANGUAGE  OF  SUCH DNC WORKER. SUCH DEACTIVATION CHALLENGE
 PROCEDURE SHALL BE AVAILABLE TO DNC WORKERS AND FORMER DNC  WORKERS  FOR
 UP  TO  THREE  YEARS  AFTER  THEIR  DEACTIVATION.  THE  COMMISSIONER MAY
 PRESCRIBE THE FORM AND CONTENT OF A DNCS DEACTIVATION  CHALLENGE  PROCE-
 DURES.
   5. A DNC SHALL REVIEW AND RESPOND TO A DNC WORKER'S CHALLENGE TO DEAC-
 TIVATION WITHIN FOURTEEN DAYS OF RECEIVING SUCH CHALLENGE. SUCH RESPONSE
 SHALL INCLUDE A WRITTEN STATEMENT THAT SHALL INCLUDE AT LEAST ONE OF THE
 FOLLOWING:
   (A)  EVIDENTIARY  SUBSTANTIATION  OF  SUCH  DEACTIVATION  PURSUANT  TO
 SECTION  SEVEN  HUNDRED  NINETY-D  OF  THIS  ARTICLE,  AND   SUBSTANTIVE
 RESPONSES  TO  QUESTIONS OR CLAIMS MADE BY SUCH DNC WORKER IN SUCH CHAL-
 LENGE;
   (B) ANY EXTRAORDINARY CIRCUMSTANCES NECESSITATING A  DELAYED  TIMELINE
 FOR RESPONSE, AND AN ANTICIPATED DATE FOR A RESPONSE EITHER SUBSTANTIAT-
 ING SUCH DEACTIVATION OR REINSTATING SUCH DNC WORKER; OR
   (C)  A  DETERMINATION  THAT  SUCH DNC WORKER DID NOT VIOLATE THE DNC'S
 DEACTIVATION POLICY AND THEREFORE SHALL BE REINSTATED.
   6. IN ADDITION TO PURSUING AN INTERNAL CHALLENGE TO DEACTIVATION UNDER
 THIS SECTION, A DNC WORKER SHALL HAVE A RIGHT TO FILE A  COMPLAINT  WITH
 THE DEPARTMENT OR BRING A CIVIL ACTION FOR VIOLATION OF THE REQUIREMENTS
 OF THIS ARTICLE UPON RECEIVING THE DNC'S INITIAL RESPONSE TO AN INTERNAL
 CHALLENGE,  OR  FOURTEEN DAYS AFTER INITIATING SUCH CHALLENGE, WHICHEVER
 COMES FIRST. A DNC WORKER MAY PURSUE ALL  AVENUES  OF  RELIEF  AVAILABLE
 WITHIN  THREE  YEARS  OF THE ALLEGED VIOLATION, OR AS TOLLED PURSUANT TO
 SECTION SEVEN HUNDRED NINETY-L OF THIS ARTICLE.
   § 790-C. NOTICE OF DEACTIVATION. 1. EXCEPT AS PROVIDED UNDER  SUBDIVI-
 SION  THREE  OF THIS SECTION, A DELIVERY NETWORK COMPANY SHALL PROVIDE A
 DNC WORKER WITH A NOTICE OF DEACTIVATION NO  LATER  THAN  FOURTEEN  DAYS
 PRIOR TO SUCH DEACTIVATION, AS WELL AS ON THE DATE OF SUCH DEACTIVATION.
 SUCH  NOTICE  OF  DEACTIVATION  SHALL INCLUDE A WRITTEN STATEMENT OF THE
 FOLLOWING:
   (A) THE REASONS FOR SUCH DEACTIVATION;
   (B) THE EFFECTIVE DATE OF SUCH DEACTIVATION;
   (C) ANY AND ALL RECORDS RELIED UPON TO SUBSTANTIATE SUCH  DEACTIVATION
 PURSUANT TO SECTION SEVEN HUNDRED NINETY-D OF THIS ARTICLE;
   (D) THE LENGTH OF SUCH DEACTIVATION;
   (E) A DESCRIPTION OF THE STEPS SUCH DNC WORKER CAN TAKE TO REMEDY SUCH
 DEACTIVATION;
   (F) A NOTICE OF SUCH DNC WORKER'S RIGHT TO CHALLENGE SUCH DEACTIVATION
 UNDER SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE COMMISSIONER.
   2.  A  DNC  SHALL PROVIDE NOTICES OF DEACTIVATION IN A FORM AND MANNER
 THAT SHALL BE DESIGNATED BY THE DEPARTMENT.
 A. 8070                             5
 
   3. FOR DEACTIVATIONS  INVOLVING  EGREGIOUS  MISCONDUCT,  A  DNC  SHALL
 PROVIDE  THE  DNC WORKER WITH A NOTICE OF DEACTIVATION NO LATER THAN THE
 EFFECTIVE DATE OF SUCH DEACTIVATION.
   § 790-D. ACCESS TO RECORDS SUBSTANTIATING DEACTIVATION. 1. PURSUANT TO
 SUBDIVISION  THREE  OF  THIS SECTION, UPON NOTICE OF DEACTIVATION, A DNC
 SHALL PROVIDE A DNC WORKER WITH THE RECORDS RELIED UPON BY SUCH  DNC  TO
 SUBSTANTIATE  SUCH  DEACTIVATION,  UNLESS  CONTRARY  TO LOCAL, STATE, OR
 FEDERAL LAW. SUCH RECORDS SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,  THE
 DATE,  TIME,  AND  LOCATION OF ALL INCIDENTS SUPPORTING THE DECISION FOR
 SUCH DEACTIVATION, RECORDS OF ALL EVIDENCE CONSIDERED IN SUCH  DECISION,
 AND  A CERTIFIED STATEMENT FROM AN INDIVIDUAL AT SUCH DNC WITH AUTHORITY
 TO REINSTATE SUCH DNC WORKER, ATTESTING THAT SUCH RECORDS ARE  TRUE  AND
 ACCURATE TO SUCH INDIVIDUAL'S KNOWLEDGE.
   2.  IF  A  DNC  OBTAINS  RECORDS  SUBSTANTIATING A DEACTIVATION, AFTER
 IMPLEMENTING SUCH DEACTIVATION, SUCH RECORDS SHALL BE  PROVIDED  TO  THE
 DEACTIVATED  DNC  WORKER AS SOON AS PRACTICABLE, BUT NO LATER THAN FOUR-
 TEEN DAYS FROM THE DATE SUCH RECORDS WERE OBTAINED.
   3. IF A DNC WORKER CHALLENGES A DEACTIVATION PURSUANT  TO  SUBDIVISION
 TWO  OF  SECTION  SEVEN HUNDRED NINETY-B OF THIS ARTICLE, ALL RECORDS OF
 SUCH CHALLENGE AND ANY RESPONSES SHALL BE PROVIDED TO  SUCH  DNC  WORKER
 WITHIN FOURTEEN DAYS OF SUCH CHALLENGE OR RESPONSE.
   4.  IF  THE  RECORDS SUBSTANTIATING A DEACTIVATION INVOLVE INFORMATION
 RELATED TO A DNC CUSTOMER OR A  THIRD  PARTY,  AND  THE  DNC  REASONABLY
 BELIEVES  SUCH  INFORMATION  COULD COMPROMISE SUCH DNC CUSTOMER OR THIRD
 PARTY'S SAFETY, SUCH DNC SHALL TAKE MEASURES TO ANONYMIZE SUCH  INFORMA-
 TION.  IF  A  COMPLAINT  FROM  A DNC CUSTOMER OR THIRD PARTY IS THE SOLE
 BASIS FOR A DEACTIVATION, THE DNC MAY PROVIDE A SUMMARY  DESCRIPTION  OF
 THE  RECORDS  SUBSTANTIATING  SUCH  DEACTIVATION.  THE  COMMISSIONER MAY
 PROMULGATE RULES OR REGULATIONS REGARDING THE  MEASURES  THAT  SHALL  BE
 TAKEN TO SUMMARIZE RECORDS PURSUANT TO THIS SUBDIVISION.
   5. DNCS SHALL ESTABLISH AN ACCESSIBLE SYSTEM FOR DNC WORKERS TO ACCESS
 THEIR  RECEIPTS FOR EACH DNC ORDER ACCEPTED, PERFORMED, AND/OR CANCELLED
 BY SUCH DNC WORKER. SUCH RECEIPTS SHALL  BE  ACCESSIBLE  ON  SUCH  DNC'S
 DIGITAL NETWORK. SUCH RECEIPTS SHALL BE AVAILABLE TO A DNC WORKER FOR NO
 LESS THAN THREE YEARS AFTER DEACTIVATION.
   6.  DNCS SHALL RETAIN THE RECORDS REQUIRED BY THIS SECTION FOR NO LESS
 THAN THREE YEARS.
   7. IF A DNC FAILS TO DISCLOSE ADEQUATE RECORDS  TO  A  DNC  WORKER  AS
 REQUIRED UNDER THIS SECTION, THERE SHALL BE A PRESUMPTION, REBUTTABLE BY
 CLEAR  AND  CONVINCING EVIDENCE, THAT SUCH DNC VIOLATED THIS ARTICLE FOR
 THE RELEVANT PERIODS AND FOR EACH DNC WORKER FOR WHOM RECORDS  WERE  NOT
 DISCLOSED IN A TIMELY MANNER.
   §  790-E.  AFFIRMATIVE PRODUCTION OF RECORDS. 1. EACH DELIVERY NETWORK
 COMPANY SHALL AFFIRMATIVELY TRANSMIT TO THE DEPARTMENT SUCH  RECORDS  AS
 SHALL  BE  REQUIRED  BY  THE COMMISSIONER, ON AT LEAST A QUARTERLY BASIS
 BEGINNING AT THE END OF THE FIRST QUARTER NEXT SUCCEEDING THE  EFFECTIVE
 DATE  OF  THIS SECTION, UNTIL JULY FIRST, TWO THOUSAND TWENTY-SEVEN, AND
 AT LEAST ONCE EVERY SIX MONTHS THEREAFTER. THE COMMISSIONER  SHALL  HAVE
 THE AUTHORITY TO REQUIRE SUCH AGGREGATED OR DISAGGREGATED RECORDS DEEMED
 NECESSARY,  APPROPRIATE,  OR  CONVENIENT  TO  ADMINISTER,  EVALUATE, AND
 ENFORCE THE PROVISIONS OF THIS ARTICLE.  THE  COMMISSIONER  MAY  REQUIRE
 THAT  SUCH  RECORDS  BE  AGGREGATED  AND  PRODUCED  AS A DISTRIBUTION AT
 DEFINED  PERCENTILES.  THE  COMMISSIONER  MAY  CREATE  DATA   PRODUCTION
 REQUIREMENTS  OF  GENERAL  APPLICABILITY  FOR  ALL  DNCS, IN ADDITION TO
 REQUIREMENTS FOR SPECIFIC CATEGORIES OF DNCS.
 A. 8070                             6
 
   2. RECORDS FOR PRODUCTION PURSUANT TO SUBDIVISION ONE OF THIS  SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) RECORDS REGARDING THE NUMBER OF DEACTIVATIONS INITIATED BY A DNC;
   (B) RECORDS REGARDING THE MOST COMMON REASONS FOR DEACTIVATION;
   (C)  THE  NUMBER OF DNC WORKERS THAT CHALLENGE THEIR DEACTIVATION, AND
 THE FORUM IN WHICH SUCH DNC WORKERS PURSUE SUCH CHALLENGES;
   (D) THE NUMBER OF  DNC  WORKERS  REINSTATED  AFTER  DEACTIVATION,  THE
 LENGTH OF SUCH DNC WORKER'S DEACTIVATION PRIOR TO REINSTATEMENT, AND THE
 LENGTH OF SERVICE OF SUCH DNC WORKERS PRIOR TO DEACTIVATION;
   (E) THE DNC'S DEACTIVATION POLICY;
   (F) THE DNC'S INTERNAL DEACTIVATION CHALLENGE PROCEDURE, INCLUDING THE
 AVAILABLE  METHODS  OF CONTACT FOR DEACTIVATED DNC WORKERS TO INITIATE A
 CHALLENGE; AND
   (G) ANY OTHER RECORDS THE COMMISSIONER  DETERMINES  ARE  MATERIAL  AND
 NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
   3.  THE COMMISSIONER SHALL ISSUE REQUIREMENTS GOVERNING THE SUBMISSION
 FORMAT, SECURITY, AND PRIVACY PROTOCOLS RELATING TO  THE  SUBMISSION  OF
 DNC RECORDS.
   §  790-F.  NOTICE  OF  RIGHTS. 1. A DNC SHALL AFFIRMATIVELY PROVIDE TO
 EACH DNC WORKER A WRITTEN NOTICE OF THEIR RIGHTS ESTABLISHED UNDER  THIS
 ARTICLE. THE DEPARTMENT MAY CREATE AND DISTRIBUTE A MODEL OF SUCH NOTICE
 OF RIGHTS IN ENGLISH AND OTHER LANGUAGES. SUCH NOTICE OF RIGHTS SHALL BE
 PROVIDED  IN A FORM AND MANNER SUFFICIENT TO INFORM DNC WORKERS OF THEIR
 RIGHTS UNDER THIS ARTICLE.
   2. DNCS SHALL AFFIRMATIVELY PROVIDE EACH DNC WORKER WITH  THE  WRITTEN
 NOTICE  OF  RIGHTS REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION WITHIN
 ONE MONTH OF THE EFFECTIVE DATE OF THIS ARTICLE,  AND  FOR  DNC  WORKERS
 HIRED AFTER THE EFFECTIVE DATE OF THIS ARTICLE, WITHIN TWENTY-FOUR HOURS
 AFTER  THE COMPLETION OF SUCH DNC WORKER'S FIRST DNC ORDER THAT INVOLVED
 PERFORMING SERVICES IN THE STATE.
   3. DNCS SHALL PROVIDE THE NOTICE OF RIGHTS REQUIRED UNDER  SUBDIVISION
 ONE OF THIS SECTION TO EACH DNC WORKER NO LESS THAN ANNUALLY.
   4.  THE  NOTICE OF RIGHTS REQUIRED TO BE PROVIDED BY A DNC PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,
 INFORMATION ON:
   (A)  THE  RIGHT  TO CHALLENGE AN UNWARRANTED DEACTIVATION THROUGH SUCH
 DNC'S INTERNAL DEACTIVATION CHALLENGE  PROCEDURE  AND/OR  THROUGH  OTHER
 AVENUES PURSUANT TO SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE;
   (B)  THE POLICY DESCRIBING THE DEACTIVATION CHALLENGE PROCEDURE PURSU-
 ANT TO SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE;
   (C) THE RIGHT TO FOURTEEN DAYS' NOTICE OF AN  IMPENDING  DEACTIVATION,
 EXCEPT IN THE CASE OF EGREGIOUS MISCONDUCT;
   (D)  THE RIGHT TO ACCESS ANY AND ALL RECORDS RELIED UPON BY THE DNC TO
 SUBSTANTIATE DEACTIVATION PURSUANT TO SECTION SEVEN HUNDRED NINETY-D  OF
 THIS ARTICLE;
   (E)  THE RIGHT TO BE PROTECTED FROM RETALIATION FOR EXERCISING IN GOOD
 FAITH THE RIGHTS PROTECTED BY THIS ARTICLE; AND
   (F) THE RIGHT TO FILE A COMPLAINT  WITH  THE  DEPARTMENT  PURSUANT  TO
 SECTION  SEVEN  HUNDRED NINETY-L OF THIS ARTICLE OR BRING A CIVIL ACTION
 FOR VIOLATION OF THE REQUIREMENTS OF THIS ARTICLE.
   5. DNCS SHALL PROVIDE THE NOTICE OF RIGHTS REQUIRED BY SUBDIVISION ONE
 OF THIS SECTION IN AN ELECTRONIC FORMAT THAT IS  READILY  ACCESSIBLE  TO
 DNC  WORKERS. SUCH NOTICE OF RIGHTS SHALL BE MADE AVAILABLE TO DNC WORK-
 ERS VIA SUCH DNC'S DIGITAL NETWORK OR VIA  EMAIL,  IN  ENGLISH  AND  ANY
 LANGUAGE SUCH DNC KNOWS OR HAS REASON TO KNOW IS THE PRIMARY LANGUAGE OF
 SUCH  DNC  WORKERS.  THE  COMMISSIONER MAY PROMULGATE RULES AND/OR REGU-
 A. 8070                             7
 
 LATIONS REGARDING THE FORM AND CONTENT OF SUCH  NOTICE  OF  RIGHTS,  THE
 MANNER OF ITS DISTRIBUTION, AND REQUIRED LANGUAGES.
   6. DNCS SHALL ESTABLISH AN ACCESSIBLE SYSTEM FOR DNC WORKERS TO UNDER-
 STAND  THEIR ELIGIBILITY TO CHALLENGE A DEACTIVATION BASED ON THE POLICY
 DEVELOPED PURSUANT TO SECTION SEVEN HUNDRED NINETY-A  OF  THIS  ARTICLE.
 SUCH  SYSTEM  SHALL  BE  AVAILABLE TO DNC WORKERS VIA SUCH DNC'S DIGITAL
 NETWORK. SUCH SYSTEM SHALL BE AVAILABLE TO DNC WORKERS FOR NO LESS  THAN
 THREE  YEARS AFTER DEACTIVATION. THE COMMISSIONER MAY ISSUE RULES DEFIN-
 ING REASONABLE CRITERIA OR REQUIREMENTS FOR SUCH SYSTEM TO  ENSURE  THAT
 DNC  WORKERS  HAVE  SUFFICIENT  INFORMATION  TO UNDERSTAND WHEN THEY ARE
 COVERED BY THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, NOTICE OF COVER-
 AGE BY THIS ARTICLE, THE NUMBER OF DNC ORDERS COMPLETED OR CANCELLED  BY
 SUCH DNC WORKER IN THE PRIOR ONE HUNDRED EIGHTY DAYS, AND SUCH DNC WORK-
 ER'S RECEIPTS AND/OR PAYMENT DISCLOSURES FOR EACH DNC ORDER PERFORMED OR
 CANCELLED IN THE PRIOR ONE HUNDRED EIGHTY DAYS.
   §  790-G. NETWORK COMPANY RECORDS. 1. A DELIVERY NETWORK COMPANY SHALL
 RETAIN RECORDS THAT DOCUMENT COMPLIANCE WITH THIS ARTICLE FOR  EACH  DNC
 WORKER, INCLUDING, AT A MINIMUM, A COMPLIANCE FILE FOR EACH DEACTIVATION
 OF  A  DNC  WORKER. THE COMMISSIONER MAY MAKE REQUIREMENTS REGARDING THE
 FORM, FORMAT, AND CONTENT OF SUCH RECORDS. THE COMPLIANCE FILE FOR  EACH
 DEACTIVATION OF A DNC WORKER REQUIRED PURSUANT TO THIS SUBDIVISION SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE  DEACTIVATION  NOTICE PROVIDED TO SUCH DNC WORKER PURSUANT TO
 SECTION SEVEN HUNDRED NINETY-C OF THIS ARTICLE;
   (B) THE DATE OF COMPLETION OF INVESTIGATION;
   (C) WHETHER SUCH DEACTIVATION INVOLVED EGREGIOUS MISCONDUCT,  AND,  IF
 SO, THE EGREGIOUS MISCONDUCT AT ISSUE;
   (D) WHETHER SUCH DEACTIVATION WAS THE RESULT OF DISCRIMINATION;
   (E)  THE  NUMBER OF DNC ORDERS COMPLETED BY SUCH DNC WORKER IN THE ONE
 HUNDRED EIGHTY DAYS PRIOR TO SUCH DEACTIVATION;
   (F) THE DATE OF ANY DEACTIVATION CHALLENGE MADE BY SUCH DNC WORKER, IF
 SUCH A CHALLENGE WAS MADE;
   (G) ALL RESPONSES MADE BY SUCH DNC TO A DEACTIVATION CHALLENGE MADE BY
 SUCH DNC WORKER, IF SUCH A CHALLENGE WAS MADE; AND
   (H) ANY OTHER RECORDS THE COMMISSIONER SHALL REQUIRE.
   2. A DNC SHALL RETAIN THE RECORDS REQUIRED UNDER  SUBDIVISION  ONE  OF
 THIS SECTION FOR NO LESS THAN THREE YEARS.
   3.  IF  A  DNC  FAILS  TO  RETAIN ADEQUATE RECORDS REQUIRED UNDER THIS
 SECTION, THERE SHALL BE A PRESUMPTION, REBUTTABLE BY CLEAR AND  CONVINC-
 ING  EVIDENCE, THAT SUCH DNC VIOLATED THE PROVISIONS OF THIS ARTICLE FOR
 THE RELEVANT PERIODS AND FOR EACH DNC WORKER FOR WHOM RECORDS  WERE  NOT
 RETAINED.
   § 790-H. RETALIATION PROHIBITED. 1. NO DNC, OR ANY OTHER PERSON ACTING
 ON  BEHALF OF SUCH DNC, SHALL INTERFERE WITH, RESTRAIN, DENY, OR ATTEMPT
 TO DENY THE EXERCISE OF ANY RIGHT PROTECTED UNDER THIS ARTICLE.
   2. NO DNC SHALL TAKE ANY ADVERSE ACTION  AGAINST  ANY  PERSON  BECAUSE
 SUCH  PERSON HAS EXERCISED IN GOOD FAITH THE RIGHTS PROTECTED UNDER THIS
 ARTICLE, OR BECAUSE SUCH PERSON HAS:
   (A) MADE INQUIRIES ABOUT THE RIGHTS PROTECTED UNDER THIS ARTICLE;
   (B) INFORMED OTHERS ABOUT THEIR RIGHTS UNDER THIS ARTICLE;
   (C) INFORMED SUCH DNC, LEGAL COUNSEL, A UNION OR OTHER SIMILAR  ORGAN-
 IZATION, OR ANY OTHER PERSON ABOUT AN ALLEGED VIOLATION OF THIS ARTICLE;
   (D)  FILED AN ORAL OR WRITTEN COMPLAINT WITH THE DEPARTMENT OR BROUGHT
 A CIVIL ACTION FOR AN ALLEGED VIOLATION OF THIS ARTICLE;
   (E) COOPERATED WITH THE DEPARTMENT IN AN INVESTIGATION OF  AN  ALLEGED
 VIOLATION OF THIS ARTICLE;
 A. 8070                             8
 
   (F) TESTIFIED IN A PROCEEDING UNDER OR RELATED TO THIS ARTICLE; OR
   (G)  REFUSED  TO  PARTICIPATE  IN  AN  ACTIVITY THAT WOULD RESULT IN A
 VIOLATION OF THIS ARTICLE OR OF ANY LOCAL STATE, OR FEDERAL LAW.
   3. NO DNC SHALL COMMUNICATE TO A PERSON EXERCISING THEIR RIGHTS  UNDER
 THIS  ARTICLE,  DIRECTLY  OR  INDIRECTLY,  THE  WILLINGNESS  TO INFORM A
 GOVERNMENT WORKER THAT SUCH PERSON IS NOT LAWFULLY IN THE UNITED STATES,
 OR TO REPORT, OR TO MAKE AN IMPLIED OR EXPRESS ASSERTION OF  A  WILLING-
 NESS  TO  REPORT,  SUSPECTED  CITIZENSHIP OR IMMIGRATION STATUS OF A DNC
 WORKER OR FAMILY MEMBER OF A DNC WORKER TO A FEDERAL,  STATE,  OR  LOCAL
 AGENCY.
   4. IT SHALL BE A REBUTTABLE PRESUMPTION OF RETALIATION IN VIOLATION OF
 THIS  SECTION  IF  A DNC TAKES AN ADVERSE ACTION AGAINST A PERSON WITHIN
 NINETY DAYS OF SUCH PERSON'S EXERCISE OF  RIGHTS  PROTECTED  UNDER  THIS
 ARTICLE.  SUCH  DNC MAY REBUT SUCH PRESUMPTION WITH CLEAR AND CONVINCING
 EVIDENCE THAT SUCH ADVERSE ACTION WAS TAKEN FOR A PERMISSIBLE PURPOSE.
   5. PROOF OF RETALIATION IN VIOLATION OF THIS SECTION SHALL  BE  SUFFI-
 CIENT  UPON  A  SHOWING THAT A DNC HAS TAKEN AN ADVERSE ACTION AGAINST A
 PERSON AND SUCH PERSON'S EXERCISE OF RIGHTS UNDER  THIS  ARTICLE  WAS  A
 MOTIVATING FACTOR IN SUCH ADVERSE ACTION, UNLESS SUCH DNC CAN PROVE THAT
 SUCH  ADVERSE  ACTION WOULD HAVE BEEN TAKEN IN THE ABSENCE OF SUCH EXER-
 CISE OF RIGHTS.
   6. THE PROTECTIONS UNDER THIS SECTION SHALL APPLY TO  ANY  PERSON  WHO
 MISTAKENLY BUT IN GOOD FAITH ALLEGES A VIOLATION OF THIS ARTICLE.
   § 790-I. RULEMAKING AUTHORITY. THE COMMISSIONER SHALL BE AUTHORIZED TO
 PROMULGATE,  REPEAL, OR AMEND ANY RULE OR REGULATION NECESSARY TO EFFEC-
 TUATE THE PROVISIONS OF THIS ARTICLE.
   § 790-J. ENFORCEMENT POWER AND DUTIES. THE DEPARTMENT SHALL  HAVE  THE
 POWER TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE AND SHALL
 HAVE SUCH POWERS AND DUTIES CONFERRED UPON IT UNDER THIS ARTICLE, AND AS
 OTHERWISE  NECESSARY  AND  PROPER  IN THE PERFORMANCE OF SUCH POWERS AND
 DUTIES.
   § 790-K. VIOLATION. THE FAILURE  OF  A  DELIVERY  NETWORK  COMPANY  TO
 COMPLY  WITH  ANY REQUIREMENT UNDER THIS ARTICLE SHALL BE A VIOLATION OF
 THIS ARTICLE.
   § 790-L. INVESTIGATION. 1. THE DEPARTMENT  SHALL  HAVE  THE  POWER  TO
 INVESTIGATE  ANY  SUSPECTED  OR  ALLEGED  VIOLATION OF THIS ARTICLE. THE
 DEPARTMENT MAY PRIORITIZE INVESTIGATIONS OF  WORKFORCES  DEEMED  BY  THE
 DEPARTMENT  AS  VULNERABLE TO VIOLATIONS OF THIS ARTICLE. THE DEPARTMENT
 MAY INITIATE AN INVESTIGATION UNDER THIS ARTICLE IN  SITUATIONS  INCLUD-
 ING,  BUT NOT LIMITED TO, IF THE COMMISSIONER HAS REASON TO BELIEVE THAT
 A VIOLATION IS LIKELY TO BE MADE BY A  DNC  OR  CLASS  OF  DNCS  BECAUSE
 EITHER THE WORKFORCE CONTAINS SIGNIFICANT NUMBERS OF DNC WORKERS WHO ARE
 VULNERABLE  TO  VIOLATIONS OF THIS ARTICLE, AS DETERMINED BY THE COMMIS-
 SIONER, OR THE WORKFORCE IS UNLIKELY  TO  REPORT  INFORMATION  REGARDING
 SUCH  VIOLATIONS. ADDITIONALLY, AN INVESTIGATION MAY BE INITIATED BY THE
 DEPARTMENT PURSUANT TO A REPORT OR COMPLAINT SUBMITTED BY A  DNC  WORKER
 OR ANY OTHER PERSON.
   2.  ANY  DNC WORKER MAY REPORT AN ALLEGED VIOLATION OF THIS ARTICLE TO
 THE DEPARTMENT. THE DEPARTMENT SHALL  ENCOURAGE  REPORTING  PURSUANT  TO
 THIS SUBDIVISION BY TAKING THE FOLLOWING MEASURES:
   (A)  THE  DEPARTMENT  SHALL  KEEP  CONFIDENTIAL, TO THE MAXIMUM EXTENT
 PERMITTED BY APPLICABLE LAWS, THE NAME AND OTHER IDENTIFYING INFORMATION
 OF A DNC WORKER OR OTHER PERSON REPORTING A VIOLATION OF  THIS  ARTICLE,
 EXCEPT AS NECESSARY TO ENFORCE THE PROVISIONS OF THIS ARTICLE;
   (B) THE DEPARTMENT MAY REQUIRE A DNC TO POST OR OTHERWISE NOTIFY OTHER
 DNC  WORKERS  THAT  THE  DEPARTMENT IS CONDUCTING AN INVESTIGATION UNDER
 A. 8070                             9

 THIS ARTICLE, IN A FORM AND MANNER, AND IN LANGUAGES  AS  PRESCRIBED  BY
 THE DEPARTMENT;
   (C)  THE DEPARTMENT MAY CERTIFY THE ELIGIBILITY OF PERSONS FOR U VISAS
 UNDER  THE  PROVISIONS  OF  8  U.S.C.  §  1184(P)   AND   8   U.S.C.   §
 1101(A)(15)(U).
   3.  AN  INVESTIGATION  OF  AN  ALLEGED  VIOLATION  UNDER  THIS ARTICLE
 CONDUCTED BY THE DEPARTMENT SHALL COMMENCE WITHIN THREE  YEARS  OF  SUCH
 ALLEGED  VIOLATION. TO THE EXTENT PERMITTED BY LAW, THE APPLICABLE STAT-
 UTE OF LIMITATIONS FOR CIVIL ACTIONS SHALL BE TOLLED DURING ANY INVESTI-
 GATION OF A VIOLATION UNDER THIS ARTICLE AND ANY ADMINISTRATIVE ENFORCE-
 MENT PROCEEDING UNDER THIS ARTICLE BASED UPON THE SAME  FACTS.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, AN INVESTIGATION BY THE DEPARTMENT SHALL
 BE DEEMED TO BEGIN UPON THE DATE THE DEPARTMENT RECEIVES A REPORT OF  AN
 ALLEGED  VIOLATION OF THIS ARTICLE, OR UPON THE DATE WHEN THE DEPARTMENT
 PROVIDES NOTICE TO A DNC THAT AN INVESTIGATION OF AN  ALLEGED  VIOLATION
 OF THIS ARTICLE HAS BEGUN, WHICHEVER IS SOONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.