S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8308
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 establishing an  essential
   workers' bill of rights
 
   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  202-n  to
 read as follows:
   §  202-N.  ESSENTIAL  WORKERS'  BILL OF RIGHTS. 1. FOR THE PURPOSES OF
 THIS SECTION, "ESSENTIAL WORKER" MEANS ANY EMPLOYEE  OF  A  BUSINESS  OR
 ENTITY PROVIDING ESSENTIAL SERVICES OR FUNCTIONS DURING ANY STATE DISAS-
 TER  EMERGENCY  DECLARED  PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW
 AND DESIGNATED AS AN ESSENTIAL WORKER PURSUANT TO ANY LAW,  RULE,  REGU-
 LATION  OR EXECUTIVE ORDER INCLUDING BUT NOT LIMITED TO ESSENTIAL HEALTH
 CARE OPERATIONS INCLUDING RESEARCH AND  LABORATORY  SERVICES;  ESSENTIAL
 INFRASTRUCTURE  INCLUDING  UTILITIES,  TELECOMMUNICATION,  AIRPORTS  AND
 TRANSPORTATION INFRASTRUCTURE; ESSENTIAL MANUFACTURING,  INCLUDING  FOOD
 PROCESSING  AND  PHARMACEUTICALS;  ESSENTIAL  RETAIL  INCLUDING  GROCERY
 STORES AND PHARMACIES; ESSENTIAL SERVICES  INCLUDING  TRASH  COLLECTION,
 MAIL,  AND  SHIPPING  SERVICES;  NEWS MEDIA; BANKS AND RELATED FINANCIAL
 INSTITUTIONS; PROVIDERS OF BASIC NECESSITIES TO  ECONOMICALLY  DISADVAN-
 TAGED POPULATIONS; CONSTRUCTION; VENDORS OF ESSENTIAL SERVICES NECESSARY
 TO  MAINTAIN  THE  SAFETY,  SANITATION AND ESSENTIAL OPERATIONS OF RESI-
 DENCES OR OTHER ESSENTIAL BUSINESSES;  VENDORS  THAT  PROVIDE  ESSENTIAL
 SERVICES  OR PRODUCTS, INCLUDING LOGISTICS AND TECHNOLOGY SUPPORT, CHILD
 CARE AND SERVICES NEEDED TO ENSURE THE CONTINUING OPERATION  OF  GOVERN-
 MENT  AGENCIES  AND  PROVIDE  FOR  THE HEALTH, SAFETY AND WELFARE OF THE
 PUBLIC.
   2. DURING A STATE DISASTER EMERGENCY, ALL EMPLOYERS OF ESSENTIAL WORK-
 ERS SHALL ADOPT AND IMPLEMENT THE FOLLOWING ESSENTIAL WORKERS'  BILL  OF
 RIGHTS  WHICH  SHALL BE DISTRIBUTED TO ESSENTIAL WORKERS, MADE AVAILABLE
 ON EACH EMPLOYER'S WEBSITE, AND SHALL INCLUDE LINKS  OR  INFORMATION  TO
 FILE  A  REPORT  AND  SEEK  A  RESPONSE  FROM SUCH EMPLOYER OR THE STATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16175-03-0

 S. 8308                             2
 
 REGARDING ANY UNSAFE WORK ENVIRONMENT OR FAILURE TO  MEET  THE  REQUIRE-
 MENTS OF THIS SECTION:
   (A)  ALL  EMPLOYERS  SHALL  PROVIDE  ESSENTIAL  WORKERS  WITH ADEQUATE
 PERSONAL PROTECTIVE EQUIPMENT AND PRODUCTS AT NO COST TO  SUCH  WORKERS,
 INCLUDING  BUT NOT LIMITED TO HAND SANITIZER, MEDICAL OR SURGICAL MASKS,
 MEDICAL OR SURGICAL GLOVES, DISPOSABLE GOWNS AND ANY OTHER EQUIPMENT  OR
 PRODUCT  IDENTIFIED  IN EMERGENCY REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   (B) ALL EMPLOYERS SHALL INFORM ESSENTIAL WORKERS WHEN AN EMPLOYEE  HAS
 CONTRACTED  A  DISEASE RELATED TO SUCH STATE DISASTER EMERGENCY AND OF A
 WORKER'S POTENTIAL EXPOSURE TO DISEASE; AND
   (C) NO EMPLOYER SHALL RETALIATE OR DISCRIMINATE AGAINST  AN  ESSENTIAL
 WORKER FOR REPORTING ANY UNSAFE WORK ENVIRONMENT.
   3. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "EMPLOYER" MEANS A FORMULA RETAIL STORE, LARGE EMPLOYER, TRANSPOR-
 TATION  BUSINESS, OR FRANCHISEE OR SUBCONTRACTOR, AND INCLUDES ANY INDI-
 VIDUAL, PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY  COMPA-
 NY,  BUSINESS  TRUST,  LEGAL  REPRESENTATIVE,  OR ANY ORGANIZED GROUP OF
 PERSONS ACTING AS SUCH AN EMPLOYER;
   (II) "FORMULA RETAIL STORE" MEANS ANY EMPLOYER THAT OPERATES A  RETAIL
 SALES OR RESTAURANT ESTABLISHMENT EITHER DIRECTLY OR THROUGH FRANCHISEES
 AND  THAT,  ALONG  WITH  ELEVEN OR MORE OTHER RETAIL SALES OR RESTAURANT
 ESTABLISHMENTS LOCATED IN THE UNITED STATES, MAINTAINS TWO  OR  MORE  OF
 THE  FOLLOWING  FEATURES:  (A)  A  STANDARDIZED  ARRAY OF MERCHANDISE, A
 STANDARDIZED FACADE, A STANDARDIZED DECOR AND COLOR  SCHEME,  A  UNIFORM
 APPAREL, STANDARDIZED SIGNAGE, A TRADEMARK; OR (B) A SERVICEMARK;
   (III) "LARGE EMPLOYER" MEANS ANY EMPLOYER THAT HAS ANNUAL GROSS REVEN-
 UE  OF  FIFTY  MILLION  DOLLARS  OR  MORE,  BUT SHALL NOT INCLUDE (A) AN
 EMPLOYER WHOSE PRINCIPAL INDUSTRY IS MANUFACTURING; OR  (B)  A  NOT-FOR-
 PROFIT  ORGANIZATION.  AN  EMPLOYER SHALL BE DEEMED TO HAVE ANNUAL GROSS
 REVENUE OF FIFTY MILLION DOLLARS OR MORE IF IT HAD REVENUE AT OR EXCEED-
 ING THAT LEVEL IN ANY OF THE PAST THREE FISCAL OR CALENDAR YEARS;
   (IV) "MANUFACTURING" MEANS THE PROCESS OF WORKING RAW  MATERIALS  INTO
 PRODUCTS  SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR NEW
 COMBINATIONS TO MATTER WHICH HAS ALREADY GONE  THROUGH  SOME  ARTIFICIAL
 PROCESS  BY  THE  USE  OF MACHINERY, TOOLS, APPLIANCES, OR OTHER SIMILAR
 EQUIPMENT;
   (V) "NOT-FOR-PROFIT ORGANIZATION" MEANS AN ENTITY EXEMPT FROM TAXATION
 UNDER SECTION 501(C)(3) OF THE FEDERAL INTERNAL REVENUE CODE;
   (VI) "TRANSPORTATION BUSINESS" MEANS ANY INDUSTRY, BUSINESS, OR ESTAB-
 LISHMENT OPERATED FOR THE PURPOSE OF CONVEYING PERSONS OR PROPERTY  FROM
 ONE  PLACE  TO  ANOTHER WHETHER BY RAIL, HIGHWAY, AIR, OR WATER, AND ALL
 OPERATIONS AND SERVICES IN CONNECTION THEREWITH; AND
   (VII) "FRANCHISEE OR SUBCONTRACTOR" MEANS ANY EMPLOYER  THAT  OPERATES
 UNDER A FRANCHISE AGREEMENT WITH A FORMULA RETAIL STORE OR LARGE EMPLOY-
 ER,  OR THAT PROVIDES SERVICES, INCLUDING BUT NOT LIMITED TO JANITORIAL,
 MAINTENANCE, SECURITY, STAFFING, PASSENGER SERVICES, FOOD  SERVICES,  OR
 TEMPORARY  SERVICES TO A FORMULA RETAIL STORE, LARGE EMPLOYER, OR TRANS-
 PORTATION BUSINESS.
   (B) AN EMPLOYER MEETING THE REQUIREMENTS  OF  THIS  SUBDIVISION  SHALL
 ALSO INCLUDE IN ITS ESSENTIAL WORKERS' BILL OF RIGHTS:
   (I)  HAZARD  PAYMENTS FOR ITS ESSENTIAL WORKERS. AN EMPLOYER OF ESSEN-
 TIAL WORKERS SHALL MAKE SUCH HAZARD PAYMENTS AT  THE  DIRECTION  OF  THE
 COMMISSIONER.  SUCH  PAYMENT  SHALL  BE  A  PERCENTAGE OR A FIXED DOLLAR
 AMOUNT, AS PRESCRIBED BY THE COMMISSIONER, PROVIDED, HOWEVER, NO  HAZARD
 PAYMENT  SHALL  EXCEED  TWENTY-FIVE THOUSAND DOLLARS IN ANY YEAR FOR ANY

 S. 8308                             3
 
 ESSENTIAL WORKER EARNING LESS THAN TWO HUNDRED THOUSAND DOLLARS PER YEAR
 OR FIVE THOUSAND DOLLARS FOR ANY ESSENTIAL WORKER EARNING MORE THAN  TWO
 HUNDRED  THOUSAND  DOLLARS.  SUCH  PAYMENTS  SHALL BE IN ADDITION TO AND
 SHALL  NOT  BE  PART  OF  AN ESSENTIAL WORKER'S BASIC ANNUAL SALARY, AND
 SHALL  NOT  AFFECT  OR  IMPAIR  ANY  PERFORMANCE  ADVANCEMENT  PAYMENTS,
 PERFORMANCE  AWARDS,  LONGEVITY  PAYMENTS OR OTHER RIGHTS OR BENEFITS TO
 WHICH AN ESSENTIAL WORKER MAY BE ENTITLED. A  HAZARD  PAYMENT  SHALL  BE
 TERMINATED UPON THE CESSATION OF THE STATE DISASTER EMERGENCY; AND
   (II)  PAYMENT  OF THE COSTS OF ANY CHILD CARE OR HEALTH CARE NEEDED BY
 SUCH ESSENTIAL WORKERS FOR THE DURATION OF THE STATE DISASTER EMERGENCY.
   § 2. This act shall take effect immediately.