NY State Senate Bill 2015-S2414

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to labor
Jan 23, 2015	referred to labor

2015-S2414 (ACTIVE) - Details

See Assembly Version of this Bill:: A3055
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §171, Lab L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S500, S7019, A1214
2019-2020: S3665, A324
2021-2022: S1188, A2589
2023-2024: S388, A665

2015-S2414 (ACTIVE) - Summary

Relates to flexible working arrangements; provides that employees may submit a request for flexible working arrangements in good faith; requires the employer to notify the employee of the decision; prohibits employers from retaliating against employees for exercising rights under the section.

2015-S2414 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2414

TITLE OF BILL:

An act to amend the labor law, in relation to flexible working
arrangements

PURPOSE:

To give employees the right to request flexible working arrangements
that meet the needs of both the employer and employee.

SUMMARY OF PROVISIONS:

Section 1 amends the labor law by adding a new Section 171:

Provides definitions for "flexible working arrangement" and
"inconsistent with business operations."

States an employee may request a flexible working arrangement that
meets the needs of the employer and employee. The employer shall
discuss the request for a flexible working arrangement with the
employer. The employer must consider the request and whether it can be
granted in a manner not inconsistent with its business operations.

States the employer shall notify the employee of the decision and if

the request was submitted in writing, the employer shall state any
denial in writing.

States that provisions of this section shall not diminish any
employment rights pursuant to a collective bargaining agreement.

Restricts an employer from retaliating against an employee for
exercising his or her rights.

States that nothing in this section shall require an employer to
accept the flexible work arrangement of the employee.

Establishes the commissioner's power of investigation and states the
commissioner shall promulgate rules and regulations for the
implementation of this section.

Section 2 establishes the effective date.

JUSTIFICATION:

A flexible work arrangement provides employees with a variable work
schedule in contrast to the traditional work experience. Studies show
that businesses that provide flexible working arrangements experience
a reduction in absenteeism and lateness. Both employees and employers
benefit in that employees are more likely to become more productive
and willing to help employers succeed. Other advantages in allowing
employees to adopt flexible arrangements include conforming work
schedules to mass transit schedules, schedules their children have, or
less congested travel times.


This bill is modeled on similar legislation from Vermont, the first
state in the nation to pass legislation that gives employees the right
to request flexible working arrangements. Similar legislation has also
been instituted in San Francisco. As the need for workplace
flexibility grows, New York should also serve as a model for the ways
in which employees can work effectively and efficiently in today's
work world. Passage of this bill would not make flexible working
arrangements in the workplace a requirement, but instead would give
employees the right to request flexible working arrangements and
employers the right to reject such requests. It would establish the
procedure by which requests are to be reviewed, requiring that
employers consider a request, discuss it with the employee, and notify
the employee of the decision in a timely manner.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPACT ON THE STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2414 (ACTIVE) - Bill Text download pdf

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

                                  2414

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by Sen. SQUADRON -- 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 flexible working  arrange-
  ments

  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  section  171  to
read as follows:
  S  171.  FLEXIBLE  WORKING  ARRANGEMENT.  1.  DEFINITIONS.  A. FOR THE
PURPOSES OF THIS SECTION,  "FLEXIBLE  WORKING  ARRANGEMENT"  SHALL  MEAN
INTERMEDIATE  OR  LONG-TERM  CHANGES  IN  THE EMPLOYEE'S REGULAR WORKING
ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO, CHANGES  IN  THE  NUMBER  OF
DAYS  OR  HOURS  WORKED,  CHANGES IN THE TIME THE EMPLOYEE ARRIVES AT OR
DEPARTS FROM WORK, WORK FROM HOME,  OR  JOB-SHARING.  "FLEXIBLE  WORKING
ARRANGEMENT"  SHALL  NOT INCLUDE VACATION, ROUTINE SCHEDULING OF SHIFTS,
OR ANOTHER FORM OF EMPLOYEE LEAVE.
  B. FOR THE PURPOSES OF THIS SECTION, "INCONSISTENT WITH BUSINESS OPER-
ATIONS" SHALL MEAN A DETERMINATION BY THE EMPLOYER BASED ON THE  FOLLOW-
ING  CONSIDERATIONS:  (I)  THE BURDEN ON AN EMPLOYER OF UNDUE ADDITIONAL
COSTS; (II) A LEGITIMATE OR PRACTICAL DETRIMENTAL  EFFECT  ON  AGGREGATE
EMPLOYEE MORALE UNRELATED TO DISCRIMINATION OR OTHER UNLAWFUL EMPLOYMENT
PRACTICES;  (III)  A  LEGITIMATE  OR PRACTICAL DETRIMENTAL EFFECT ON THE
ABILITY OF AN EMPLOYER TO  MEET  CONSUMER  DEMAND;  (IV)  A  SIGNIFICANT
INABILITY  TO  REORGANIZE WORK AMONG EXISTING STAFF; (V) A LEGITIMATE OR
PRACTICAL INABILITY TO RECRUIT  ADDITIONAL  STAFF;  (VI)  A  SIGNIFICANT
DETRIMENTAL IMPACT ON BUSINESS QUALITY OR BUSINESS PERFORMANCE; (VII) AN
INSUFFICIENCY  OF WORK DURING THE PERIODS THE EMPLOYEE PROPOSES TO WORK;
(VIII) PLANNED STRUCTURAL CHANGES TO THE BUSINESS; AND  (IX)  ANY  OTHER
REASONS AS SPECIFIED BY THE COMMISSIONER.
  2.  AN  EMPLOYEE MAY REQUEST A FLEXIBLE WORKING ARRANGEMENT THAT MEETS
THE NEEDS OF THE EMPLOYER AND EMPLOYEE. THE EMPLOYER  SHALL  CONSIDER  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01726-02-5

S. 2414                             2

REQUEST  USING THE PROCEDURES IN THIS SECTION WHEN THE EMPLOYEE ASKS THE
EMPLOYER ON AN AS-NEEDED BASIS.
  3.  THE  EMPLOYER  SHALL  DISCUSS  THE  REQUEST FOR A FLEXIBLE WORKING
ARRANGEMENT WITH THE EMPLOYEE. THE EMPLOYER  AND  EMPLOYEE  MAY  PROPOSE
ALTERNATIVE  ARRANGEMENTS  DURING  THE  DISCUSSION.  THE  EMPLOYER SHALL
CONSIDER THE EMPLOYEE'S REQUEST FOR A FLEXIBLE WORKING  ARRANGEMENT  AND
WHETHER  THE REQUEST COULD BE GRANTED IN A MANNER THAT IS NOT INCONSIST-
ENT WITH ITS BUSINESS OPERATIONS  OR  ITS  LEGAL  OR  CONTRACTUAL  OBLI-
GATIONS.
  4.  THE  EMPLOYER  SHALL NOTIFY THE EMPLOYEE OF THE DECISION REGARDING
THE REQUEST IN A TIMELY MANNER. IF THE REQUEST WAS SUBMITTED IN WRITING,
THE EMPLOYER SHALL STATE ANY COMPLETE OR PARTIAL DENIAL OF  THE  REQUEST
IN WRITING, CITING THE REASON AS TO DENYING THE REQUEST.
  5. THIS SECTION SHALL NOT DIMINISH ANY EMPLOYMENT RIGHTS OR AGREEMENTS
PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT. AN EMPLOYER MAY INSTITUTE
A  FLEXIBLE  WORKING  ARRANGEMENT  POLICY  THAT IS MORE GENEROUS THAN IS
PROVIDED BY THIS SECTION.
  6. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE EXERCISING  HIS
OR HER RIGHTS UNDER THIS SECTION.
  7.  NOTHING  IN THIS SECTION SHALL AFFECT ANY LEGAL RIGHTS AN EMPLOYER
OR EMPLOYEE MAY HAVE UNDER APPLICABLE LAW TO CREATE, TERMINATE, OR MODI-
FY A FLEXIBLE WORKING ARRANGEMENT.
  8. NOTHING IN THIS SECTION SHALL REQUIRE AN  EMPLOYER  TO  ACCEPT  THE
FLEXIBLE WORK ARRANGEMENT OF THE EMPLOYEE.
  9.  A.  THE COMMISSIONER OR A REPRESENTATIVE AUTHORIZED BY THE COMMIS-
SIONER SHALL HAVE THE POWER TO (I) INVESTIGATE ANY COMPLAINT REGARDING A
VIOLATION OF THIS SECTION FILED BY ANY EMPLOYEE; PERSON OR  ORGANIZATION
ACTING ON THE EMPLOYEE'S BEHALF; OR THE RECOGNIZED AND CERTIFIED COLLEC-
TIVE  BARGAINING AGENT ACTING ON THE EMPLOYEE'S BEHALF; AND (II) EXAMINE
AND INSPECT THE RECORDS OF ANY EMPLOYER  IN  CONJUNCTION  WITH  SUCH  AN
INVESTIGATION.
  B.  THE COMMISSIONER MAY BRING AN ACTION AGAINST AN EMPLOYER FOR FAIL-
URE TO ADHERE TO THE PROVISIONS OF THIS  SECTION,  INCLUDING  INJUNCTIVE
RELIEF TO ENJOIN FUTURE CONDUCT.
  C.  ANY  EMPLOYER  WHO  VIOLATES  THE PROVISIONS OF THIS SECTION SHALL
FORFEIT TO THE PEOPLE OF THE STATE A SUM OF  FIVE  HUNDRED  DOLLARS  FOR
EACH  VIOLATION, TO BE RECOVERED BY THE COMMISSIONER IN ANY LEGAL ACTION
TAKEN PURSUANT TO THIS SUBDIVISION.
  10. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WITHIN ONE
HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION FOR THE IMPLE-
MENTATION OF THIS SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S2414

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2015-S2414 (ACTIVE) - Details

2015-S2414 (ACTIVE) - Summary

2015-S2414 (ACTIVE) - Sponsor Memo

2015-S2414 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2414

Share this bill

Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Labor Committee

2015-S2414 (ACTIVE) - Details

2015-S2414 (ACTIVE) - Summary

2015-S2414 (ACTIVE) - Sponsor Memo

2015-S2414 (ACTIVE) - Bill Text download pdf

Comments