Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2017 |
referred to labor |
Senate Bill S500
2017-2018 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
2017-S500 (ACTIVE) - Details
2017-S500 (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.
2017-S500 (ACTIVE) - Sponsor Memo
BILL NUMBER: S500 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.
2017-S500 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 500 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ 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: § 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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