Assembly Actions -
Senate Actions - UPPERCASE
|Mar 06, 2023||
referred to labor
Senate Bill S5459
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Labor Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S5459 (ACTIVE) - Details
2023-S5459 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5459 SPONSOR: JACKSON TITLE OF BILL: An act to amend the labor law, in relation to enacting the safeguarding employees and accountability for termination act PURPOSE: The purpose of this legislation is to require employers to have good cause when terminating an employee. SUMMARY OF PROVISIONS: Section 1 adds a new Article 20-D to the Labor Law entitled the "Safe- guarding Employees and Accountability for Termination Act" or "The SEAT Act." The SEAT Act provides definitions for constructive discharge, discharge, fringe benefits, good cause, leave of absence, and lost wages. Discharge of employment may only be on grounds for good cause based on (1) the
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
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