S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1214
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of A. ROZIC, BARRETT, BLAKE, BUCHWALD, CRESPO, GOTT-
   FRIED,  HIKIND,  HOOPER,  MAYER,  RODRIGUEZ,   ROSENTHAL,   SEAWRIGHT,
   SEPULVEDA,  SIMON  --  Multi-Sponsored  by  --  M. of A. ARROYO, COOK,
   GLICK, PERRY, RIVERA -- read once and referred  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:
   § 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01171-01-7
              

 A. 1214                             2
 
 (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
 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.
   § 2. This act shall take effect immediately.