BILL NUMBER: S2511

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the executive law, in relation to defining employees of
the state

 
PURPOSE:

This bill revises that law to define all workers of an elected state
official as state employees, and, therefore, holds the state liable for
ignoring complaints of workplace abuse.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 6 of section 292 of the executive law, as amended
by chapter 481 of the laws of 2010, is amended: the term "employee"

(a)statewide elected officials, including the Governor, Lieutenant
Governor, Comptroller and Attorney General.

              

(b) state officers and employees, including: *Heads of state departments
and their deputies and assistants who serve at the discretion of a
statewide elected official; and *Officers and employees of statewide
elected officials who serve at the discretion of a statewide elected
official; and

(c) legislative employees, including officers and employees of the
legislature; and

(d) legislative members, including Senators and members of the Assembly.

Section 2. Sets the effective date.

 
JUSTIFICATION:

Recently, New York State has argued in court that they should not be
held liable for statewide elected officials who have harassed their
employees because the state is not considered to be their employer.

While they argue that only the elected representative is responsible and
should be held liable, there is a history of the state paying for the
salary and benefits of these employees. In the 2019 legislative session,
New York passed historic legislation that addressed discrimination and
sexual harassment in the workplace. The legislation made it easier to
hold employers accountable for abuse in their workplace, even if the
abuse came from indirect supervisors or other employees.

This bill will recognize New York State as the employer of workers who
have been hired by elected officials, state officers and employees,
legislative employees and legislative members, including Senators and
Assembly Members. Therefore, the state will now be considered the
employer and can be held liable for any harassment of employees working
for such representatives.

 
LEGISLATIVE HISTORY:

2021-22: S.2879 (Ramos) 2019-20: S6816 (Ramos)
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.