Senate Bill S5459

2023-2024 Legislative Session

Enacts the safeguarding employees and accountability for termination act

download bill text pdf

Sponsored By

Current 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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2023-S5459 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Add Art 20-D §§745 - 753, Lab L
Versions Introduced in 2021-2022 Legislative Session:
S8458

2023-S5459 (ACTIVE) - Summary

Establishes certain rights and remedies for employees who are wrongfully discharged; establishes remedies for wrongful discharge; allows an employee or employer to make a written offer to arbitrate a dispute covered under this act; defines terms.

2023-S5459 (ACTIVE) - Sponsor Memo

2023-S5459 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5459
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens. JACKSON, COMRIE, SALAZAR -- 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 enacting the  safeguarding
   employees and accountability for termination act
 
   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  20-D  to
 read as follows:
                               ARTICLE 20-D
       SAFEGUARDING EMPLOYEES AND ACCOUNTABILITY FOR TERMINATION ACT
 SECTION 745. SHORT TITLE.
         746. DEFINITIONS.
         747. ELEMENTS OF WRONGFUL DISCHARGE.
         748. REMEDIES.
         749. PROBATIONARY PERIOD.
         750. LIMITATION OF ACTIONS.
         751. EXEMPTIONS.
         752. ARBITRATION.
         753. EFFECT OF REJECTION OF OFFER TO ARBITRATE.
   §  745.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "SAFEGUARDING EMPLOYEES AND ACCOUNTABILITY FOR TERMINATION ACT" OR  "THE
 SEAT ACT".
   § 746. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE TERM:
   1. "CONSTRUCTIVE DISCHARGE" MEANS THE VOLUNTARY TERMINATION OF EMPLOY-
 MENT BY AN EMPLOYEE BECAUSE OF A SITUATION CREATED BY AN ACT OR OMISSION
 OF THE EMPLOYER WHICH A REASONABLE PERSON WOULD FIND SO INTOLERABLE THAT
 VOLUNTARY  TERMINATION  IS THE ONLY REASONABLE ALTERNATIVE. CONSTRUCTIVE
 DISCHARGE DOES NOT MEAN VOLUNTARY TERMINATION BECAUSE OF  AN  EMPLOYER'S
 REFUSAL  TO  PROMOTE  THE EMPLOYEE OR IMPROVE WAGES, RESPONSIBILITIES OR
 OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09457-01-3
 S. 5459                             2
              

Comments

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Anonymous
11 months ago

I feel this Bill is Crucial, as the Counties North of Rockland, go unmonitored. Employers are not held accountable for Violating Labor & Safety Laws. Unfortunately, Local Governments Leaders of the multiple small towns have no knowledge either. Also, Resources are Few, unlike NYC & the Boroughs. Lastly the Majority are Employees at Will.. Unions are not easily acquired.

Anonymous
7 months ago

I don’t think it’s a good idea for employers or employees to lose freedom to leave their job or get rid of bad workers. It just makes the whole process more expensive and complicated — many fear this will be used to trap people in their jobs. It would be better just to require employment agreements so low income workers can agree to terms and severance if they are let go. All this does is create more work for lawyers.

Anonymous
7 months ago

Not a good bill. Current law allows for free choice by employer and employee. This just traps both sides in unfavorable situations. Just fix the employment contract and require severance payments. This is just more make work for lawyers.

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