S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3997

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by M. of A. CAHILL, ENGLEBRIGHT, GABRYSZAK, ROSENTHAL, CRES-
  PO, RUSSELL, BROOK-KRASNY, ABINANTI, MARKEY, COLTON, MAGNARELLI, BENE-
  DETTO, MAISEL, GUNTHER -- Multi-Sponsored by -- M. of A. ABBATE, BREN-
  NAN, HOOPER, RAIA, SCHIMEL, STEVENSON -- read once and referred to the
  Committee on Energy

AN ACT to amend the public service law,  in  relation  to  certain  call
  centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 14 to read as follows:
  14. (A) REPORTING REQUIREMENT. EVERY PUBLIC UTILITY UNDER THIS  SUBDI-
VISION  SHALL  PROVIDE THE COMMISSIONER AN AFFIDAVIT, QUARTERLY, THAT NO
CALL CENTERS OR OTHER FACILITIES PROVIDING CUSTOMER ASSISTANCE SET FORTH
IN PARAGRAPH (A) OF SUBDIVISION  THIRTEEN  OF  THIS  SECTION  HAVE  BEEN
CLOSED  WITHOUT  NOTICE  AND  HEARING BEFORE THE COMMISSION AND THAT THE
UTILITY HAS NOT RELOCATED SUCH CUSTOMER ASSISTANCE TO  ANOTHER  AREA  OF
NEW  YORK  STATE OR OUTSIDE OF NEW YORK STATE WITHOUT NOTICE AND HEARING
BEFORE THE COMMISSION. THE AFFIDAVIT SHALL BE SUBMITTED IN SUCH FORM AND
AT SUCH TIMES AND SHALL CONTAIN INFORMATION AS THE COMMISSIONER, BY RULE
OR REGULATION, MAY PRESCRIBE.
  (B) RETALIATORY  ACTION  BY  EMPLOYERS  PROHIBITED.  AN  EMPLOYEE  WHO
PERFORMS  SERVICES  FOR  AND UNDER THE DIRECTION AND CONTROL OF A PUBLIC
UTILITY OR AN AGENT ACTING ON BEHALF OF  THE  EMPLOYER  SHALL  NOT  TAKE
RETALIATORY  PERSONAL  ACTION  SUCH  AS DISCHARGE, SUSPENSION, DEMOTION,
PENALIZATION  OR  DISCRIMINATION  AGAINST  AN  EMPLOYEE  FOR  REPORTING,
DISCLOSING, OR TESTIFYING BEFORE, ANY PUBLIC BODY CONDUCTING AN INVESTI-
GATION,  HEARING  OR INQUIRY INTO SUCH VIOLATION OF SUBDIVISION THIRTEEN
OF THIS SECTION.
  (C) APPLICATION. THE PROTECTION AGAINST RETALIATORY ACTION SHALL APPLY
TO ANY EMPLOYEE WHO IN GOOD FAITH REASONABLY  BELIEVES  THAT  A  UTILITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03966-01-3
              

A. 3997                             2

COMPANY  IS  IN VIOLATION OF SUBDIVISION THIRTEEN OF THIS SECTION, BASED
ON INFORMATION THAT THE EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES TO BE
TRUE.
  (D)  VIOLATION;  REMEDY. (I) AN EMPLOYEE WHO HAS BEEN THE SUBJECT OF A
RETALIATORY PERSONNEL ACTION IN VIOLATION OF THIS SECTION MAY  INSTITUTE
A  CIVIL  ACTION  IN A COURT OF COMPETENT JURISDICTION FOR RELIEF WITHIN
TWO YEARS AFTER THE ALLEGED RETALIATORY PERSONNEL ACTION WAS TAKEN. (II)
ANY ACTION AUTHORIZED BY THIS SECTION MAY BE BROUGHT IN  THE  COUNTY  IN
WHICH  THE  ALLEGED RETALIATORY PERSONNEL ACTION OCCURRED, IN THE COUNTY
IN WHICH THE COMPLAINANT RESIDES, OR IN THE COUNTY IN WHICH THE EMPLOYER
HAS ITS PRINCIPAL PLACE OF BUSINESS.
  IN ADDITION TO THE RELIEF SET FORTH IN THIS SECTION, THE COURT, IN ITS
DISCRETION, BASED UPON A FINDING THAT THE EMPLOYER ACTED IN BAD FAITH IN
THE RETALIATORY ACTION, MAY ASSESS THE EMPLOYER A CIVIL  PENALTY  OF  AN
AMOUNT  NOT  TO EXCEED TEN THOUSAND DOLLARS, TO BE PAID TO THE ORGANIZED
LABOR BARGAINING UNIT'S HEALTH AND WELFARE FUND.
  (E) RELIEF.  IN ANY ACTION BROUGHT PURSUANT TO THIS  SUBDIVISION,  THE
COURT MAY ORDER RELIEF AS FOLLOWS: (I) THE REINSTATEMENT OF THE EMPLOYEE
TO THE SAME POSITION HELD BEFORE THE RETALIATORY PERSONNEL ACTION, OR TO
AN  EQUIVALENT  POSITION; (II) THE REINSTATEMENT OF FULL FRINGE BENEFITS
AND SENIORITY RIGHTS; (III) THE COMPENSATION FOR  LOST  WAGES,  BENEFITS
AND OTHER REMUNERATION; AND COMPENSATORY DAMAGES FOR ECONOMIC LOSS; (IV)
THE  PAYMENT  BY  THE  EMPLOYER  OF REASONABLE COSTS, DISBURSEMENTS, AND
ATTORNEY'S FEES; (V) AN INJUNCTION TO RESTRAIN THE EMPLOYER'S  CONTINUED
VIOLATION  OF  THIS  SECTION  WITH RESPECT TO THE EMPLOYEE; (VI) A CIVIL
PENALTY OF AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, IF  THE  COURT,
IN  ITS  DISCRETION,  FINDS  THAT THE EMPLOYER ACTED IN BAD FAITH IN THE
RETALIATORY ACTION.
  (F) EMPLOYER RELIEF. A COURT, IN ITS DISCRETION, MAY ALSO  ORDER  THAT
REASONABLE  ATTORNEYS' FEES AND COURT COSTS AND DISBURSEMENTS BE AWARDED
TO AN EMPLOYER IF THE COURT DETERMINES THAT  AN  ACTION  BROUGHT  BY  AN
EMPLOYEE  UNDER  THIS  SECTION WAS WITHOUT REASONABLE BASIS IN LAW OR IN
FACT. THE EMPLOYER SHALL RESERVE THE RIGHT TO DISMISS  AN  EMPLOYEE  WHO
HAS  ACTED  IN  BAD  FAITH  WITHOUT  REASONABLE BASIS IN LAW OR IN FACT,
REGARDLESS OF ANY GRIEVANCE PROCESS THAT MAY BE IN PLACE AS A RESULT  OF
A COLLECTIVE BARGAINING AGREEMENT.
  (G)  PUBLICATION.  EVERY  EMPLOYER  SHALL  INFORM  EMPLOYEES  OF THEIR
PROTECTIONS, RIGHTS AND OBLIGATIONS UNDER THIS  SECTION,  BY  POSTING  A
NOTICE  THEREOF.  SUCH  NOTICES  SHALL BE POSTED CONSPICUOUSLY IN EASILY
ACCESSIBLE AND WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED  BY  EMPLOYEES
AND APPLICANTS FOR EMPLOYMENT.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.