BILL NUMBER: S6816

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the executive law, in relation to
defining employees of the state

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 6 of section 292 of the executive law, as amended
by chapter 481 of the laws of 2010, is amended: the term "employee"

(a)statewide elected officials, including the Governor, Lieutenant
Governor, Comptroller and Attorney General.

(b) state officers and employees, including:

* Heads of state departments and their deputies and assistants who serve
at the discretion of a statewide elected official; and

* Officers and employees of statewide elected officials who serve at the
discretion of a statewide elected official; and

              

(c) legislative employees, including officers and employees of the
legislature; and

(d) legislative members, including Senators and members of the Assembly.

Section 2. Sets the effective date.

 
JUSTIFICATION:

Recently, New York State has argued in court that they should not be
held liable for statewide elected officials who have harassed their
employees because the state is not considered to be their employer.
While they argue that only the elected representative is responsible and
should be held liable, there is a history of the state paying for the
salary and benefits of these employees.

Last legislative session, New York passed historic legislation that
addressed discrimination and sexual harassment in the workplace.  The
legislation made it easier to hold employers accountable for abuse in
their workplace, even if the abuse came from indirect super visors or
other employees.

This bill will recognizes New York State as the employer of workers who
have been hired by elected officials, state officers and employes,
legislative employees and legislative members, including Senators and
Assembly Members. Therefore, the state will now be considered the
employer and can be held liable for any harassment of employees working
for such representatives.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.