S T A T E   O F   N E W   Y O R K
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                                 116--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. DINOWITZ, KAVANAGH, LAVINE, MILLER, ABINANTI,
  WEPRIN -- Multi-Sponsored by -- M. of A.  GOTTFRIED,  LIFTON  --  read
  once   and  referred  to  the  Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 added by  chapter  85
of the laws of 1995, is amended to read as follows:
  S 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 his or her employer to that effect prior to  the  commence-
ment  of a term of service shall not, on account of absence from employ-
ment by reason of such jury  service,  be  subject  to  discharge  [or],
penalty, OR DISCRIMINATION IN ANY OTHER MANNER.  An employer may, howev-
er,  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 forty 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  IN  ANY  OTHER MANNER.   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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01547-02-5
              

A. 116--A                           2

  S 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
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 OR HER 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.
  S  3.  Section  215 of the labor law, as amended by chapter 564 of the
laws of 2010, paragraph (b) of subdivision 1 and paragraph (a) of subdi-
vision 2 as amended by chapter 537 of the laws of 2014,  is  amended  to
read as follows:
  S 215. [Penalties] CIVIL PENALTIES and civil action; prohibited retal-
iation.  1. (a) No employer or his or her 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 employer, or to the commis-
sioner or his or her  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 (ii)
because such employer or person believes that such employee has  made  a
complaint  to  his or her employer, or to the commissioner or his or her
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 (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 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 chap-
ter, 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 EXERCISED HIS OR  HER  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.
  (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 may

A. 116--A                           3

assess a civil penalty of not less than one thousand nor more than twen-
ty thousand dollars. EACH ACT TAKEN IN CONTRAVENTION  OF  A  PROHIBITION
CONTAINED  IN  THIS  SECTION  SHALL  CONSTITUTE  A SEPARATE AND DISTINCT
VIOLATION  OF  THIS SECTION, AND IN ASSESSING ANY SUCH CIVIL PENALTY THE
COMMISSIONER SHALL CONSIDER, IN ADDITION TO THE NATURE OF THE VIOLATION,
ALL PRIOR FINDINGS OF VIOLATIONS OF THE PROVISIONS OF  THIS  SECTION  BY
THE  EMPLOYER.  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  former
position or an equivalent position, 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 liqui-
dated 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 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. Liqui-
dated 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.
  3. Any employer or his or her 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 guilty of a
class B misdemeanor.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.