S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    82
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. ABBATE,
   ABINANTI, BENEDETTO, COLTON,  CRESPO,  ENGLEBRIGHT,  GUNTHER,  HOOPER,
   MAGNARELLI, RAIA, ROSENTHAL -- read once and referred to the Committee
   on Corporations, Authorities and Commissions

 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 16 to read as follows:
   16.  (A) EVERY PUBLIC UTILITY UNDER THIS SUBDIVISION 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) 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 PERSONNEL ACTION SUCH AS DISCHARGE, SUSPEN-
 SION, DEMOTION, PENALIZATION OR DISCRIMINATION AGAINST AN  EMPLOYEE  FOR
 REPORTING,  DISCLOSING, OR TESTIFYING BEFORE, ANY PUBLIC BODY CONDUCTING
 AN INVESTIGATION, HEARING OR INQUIRY INTO SUCH VIOLATION OF  SUBDIVISION
 THIRTEEN OF THIS SECTION.
   (C)  THE  PROTECTION  AGAINST  RETALIATORY  ACTION  SHALL APPLY TO ANY
 EMPLOYEE WHO IN GOOD FAITH REASONABLY BELIEVES THAT A UTILITY COMPANY IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01401-01-7

 A. 82                               2
 
 IN VIOLATION OF SUBDIVISION THIRTEEN OF THIS SECTION, BASED ON  INFORMA-
 TION THAT THE EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES TO BE TRUE.
   (D)  (I) AN EMPLOYEE WHO HAS BEEN THE SUBJECT OF A RETALIATORY PERSON-
 NEL 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  AUTHOR-
 IZED  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) 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 ATTOR-
 NEY'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) A COURT, IN ITS DISCRETION, MAY ALSO ORDER THAT REASONABLE  ATTOR-
 NEYS'  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) 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.