Senate Bill S9773

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9773
 
                             I N  S E N A T E
 
                               April 6, 2026
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, WEBB -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law and the  labor  law,  in  relation  to
   creating  additional  remedies  for  unlawful  discharge,  penalty  or
   discrimination on account of the exercise of a  juror's  right  to  be
   absent from employment for jury duty

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 519 of the judiciary law, as amended by  section  2
 of  part  LL  of  chapter  55 of the laws of 2025, is amended to read as
 follows:
   § 519. Right of juror to be absent from employment. Any person who  is
 summoned  to  serve  as a juror under the provisions of this article and
 who notifies their employer to that effect prior to the commencement  of
 a  term  of  service shall not, on account of absence from employment by
 reason of such jury service, be subject to discharge [or],  penalty,  OR
 DISCRIMINATION  IN  ANY OTHER MANNER. An employer may, however, withhold
 wages of any such employee serving as a juror during the period of  such
 service;  provided  that an employer who employs more than ten employees
 shall not withhold the first seventy-two dollars of such  juror's  daily
 wages  during the first three days of jury service. Withholding of wages
 in accordance with this  section  shall  not  be  deemed  a  penalty  OR
 DISCRIMINATION.    Violation of this section shall constitute a criminal
 contempt of court punishable pursuant to section seven hundred fifty  of
 this  chapter  AND  SHALL  ALSO  CONSTITUTE  A  VIOLATION OF SECTION TWO
 HUNDRED FIFTEEN OF THE LABOR LAW AND BE SUBJECT TO THE  CIVIL  PENALTIES
 AND CIVIL ACTION PROVIDED FOR THEREUNDER.
   § 2. Paragraph 7 of subdivision A of section 750 of the judiciary law,
 as  amended  by  chapter  823 of the laws of 1982, is amended to read as
 follows:
   7. Wilful failure to obey  any  mandate,  process,  or  notice  issued
 pursuant to [articles] ARTICLE sixteen[, seventeen, eighteen, eighteen-a
 or  eighteen-b] of [the judiciary law] THIS CHAPTER, or to rules adopted
 pursuant thereto, or to any other statute relating thereto,  or  refusal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04442-03-6
 S. 9773                             2
 
 to  be  sworn  as  provided  therein,  or  subjection  of an employee to
 discharge [or], penalty,  OR  DISCRIMINATION  IN  ANY  OTHER  MANNER  on
 account  of  [his]  THEIR  absence  from employment by reason of jury or
 subpoenaed  witness  service  in  violation  of  this chapter or section
 215.11 of the penal law.   Applications to  punish  the  accused  for  a
 contempt  specified  in this subdivision may be made by notice of motion
 or by order to show cause, and shall be made returnable at the  term  of
 the supreme court at which contested motions are heard, or of the county
 court if the supreme court is not in session.
   §  3.  Section  215 of the labor law, as amended by chapter 564 of the
 laws of 2010, paragraph (a) of subdivision 1 as amended by  chapter  604
 of the laws of 2022, paragraph (b) of subdivision 1 and paragraph (a) of
 subdivision  2 as amended by chapter 537 of the laws of 2014, is amended
 to read as follows:
   § 215. [Penalties] CIVIL PENALTIES and civil action; prohibited retal-
 iation. 1.  (a) No employer or [his or her] THEIR agent, or the  officer
 or  agent of any corporation, partnership, or limited liability company,
 or any other person, shall discharge,  threaten,  penalize,  or  in  any
 other  manner discriminate or retaliate against any employee (i) because
 such employee has made a complaint to [his or her] THEIR employer, or to
 the commissioner or [his or her] THEIR authorized representative, or  to
 the  attorney general or any other person, that the employer has engaged
 in conduct that the employee, reasonably and  in  good  faith,  believes
 violates  any  provision  of  this  chapter,  or any order issued by the
 commissioner, OR (ii) because such employer or person believes that such
 employee has made a complaint to [his or her] THEIR employer, or to  the
 commissioner  or [his or her] THEIR authorized representative, or to the
 attorney general, or to any other person that the employer has  violated
 any  provision of this chapter, or any order issued by the commissioner,
 OR (iii) because such employee has caused to be instituted or  is  about
 to  institute  a  proceeding  under  or related to this chapter, or (iv)
 because such employee has provided information to  the  commissioner  or
 [his or her] THEIR authorized representative or the attorney general, or
 (v)  because  such  employee  has testified or is about to testify in an
 investigation or proceeding under this chapter,  or  (vi)  because  such
 employee has otherwise exercised rights protected under this chapter, or
 (vii)  because  the  employer has received an adverse determination from
 the commissioner involving the employee, or (viii) because such employee
 has used any legally protected absence pursuant to  federal,  local,  or
 state law, INCLUDING BECAUSE SUCH EMPLOYEE HAS EXERCISED THEIR RIGHT  TO
 BE  ABSENT  FROM EMPLOYMENT PURSUANT TO SECTION FIVE HUNDRED NINETEEN OF
 THE JUDICIARY LAW BY REASON OF JURY SERVICE.
   An employee complaint or other communication need  not  make  explicit
 reference  to  any  section  or provision of this chapter to trigger the
 protections of this section.
   As used in this section, to threaten, penalize, or in any other manner
 discriminate or retaliate against any employee includes; threatening  to
 contact or contacting United States immigration authorities or otherwise
 reporting  or  threatening to report an employee's suspected citizenship
 or immigration status or the suspected citizenship or immigration status
 of an employee's family or household member, as defined  in  subdivision
 two  of section four hundred fifty-nine-a of the social services law, to
 a federal, state or local agency; or assessing any demerit,  occurrence,
 any  other  point,  or  deductions  from an allotted bank of time, which
 subjects or could subject an employee to disciplinary action, which  may
 S. 9773                             3
 
 include  but not be limited to failure to receive a promotion or loss of
 pay.
   (b)  If after investigation the commissioner finds that an employer or
 person has violated any provision of this section, the commissioner may,
 by an  order  which  shall  describe  particularly  the  nature  of  the
 violation,  assess  the  employer  or person a civil penalty of not less
 than one thousand nor more than ten thousand dollars provided,  however,
 that  if  the  commissioner  finds  that  the  employer has violated the
 provisions of this section in the preceding six years, [he or  she]  THE
 COMMISSIONER  may  assess  a civil penalty of not less than one thousand
 nor more than twenty thousand dollars. The commissioner may  also  order
 all  appropriate relief including enjoining the conduct of any person or
 employer; ordering payment of liquidated damages to the employee by  the
 person  or  entity  in  violation;  and,  where  the person or entity in
 violation is an employer  ordering  rehiring  or  reinstatement  of  the
 employee  to  [his  or her] THEIR former position or an equivalent posi-
 tion, and an award of lost compensation or an award of front pay in lieu
 of reinstatement and an award of lost compensation.  Liquidated  damages
 shall  be calculated as an amount not more than twenty thousand dollars.
 The commissioner may  assess  liquidated  damages  on  behalf  of  every
 employee aggrieved under this section, in addition to any other remedies
 permitted by this section.
   (c)  THE  PROVISIONS  OF  SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE
 SHALL NOT APPLY TO THE VIOLATIONS SPECIFIED IN THIS SECTION.
   (D) This section shall not apply to employees  of  the  state  or  any
 municipal subdivisions or departments thereof.
   2.  (a)  [An]  IN  ADDITION  TO THE CIVIL PENALTIES PROVIDED FOR UNDER
 SUBDIVISION ONE OF THIS SECTION, AN employee may bring a civil action in
 a court of  competent  jurisdiction  against  any  employer  or  persons
 alleged to have violated the provisions of this section. The court shall
 have  jurisdiction  to  restrain  violations of this section, within two
 years after such violation, regardless of the dates of employment of the
 employee, and to order all appropriate relief, including  enjoining  the
 conduct  of  any  person  or  employer;  ordering  payment of liquidated
 damages, costs and reasonable attorneys' fees to  the  employee  by  the
 person  or  entity  in  violation;  and,  where  the person or entity in
 violation is an employer, ordering  rehiring  or  reinstatement  of  the
 employee  to  [his  or  her]  THEIR  former position with restoration of
 seniority or an award of front pay in  lieu  of  reinstatement,  and  an
 award  of lost compensation and damages, costs and reasonable attorneys'
 fees. Liquidated damages shall be calculated as an amount not more  than
 twenty  thousand  dollars.  The  court shall award liquidated damages to
 every employee aggrieved under this section, in addition  to  any  other
 remedies  permitted by this section. The statute of limitations shall be
 tolled from the date an employee files a complaint with the commissioner
 or the commissioner commences an investigation,  whichever  is  earlier,
 until  an  order  to comply issued by the commissioner becomes final, or
 where the commissioner does not issue an order, until the date on  which
 the  commissioner  notifies  the  complainant that the investigation has
 concluded. Investigation by the commissioner shall not be a prerequisite
 to nor a bar against  a  person  bringing  a  civil  action  under  this
 section.
   (b)  At  or  before the commencement of any action under this section,
 notice thereof shall be served upon the attorney general by the  employ-
 ee.
 S. 9773                             4
 
   3.  Any  employer or [his or her] THEIR agent, or the officer or agent
 of any corporation, partnership, or limited liability  company,  or  any
 other person who violates subdivision one of this section shall be guil-
 ty of a class B misdemeanor.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.