S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2589
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. ROZIC, BARRETT, GOTTFRIED, RODRIGUEZ, L. ROSEN-
   THAL, SEAWRIGHT, SIMON, REYES -- Multi-Sponsored by -- M. of A.  COOK,
   GLICK,  PERRY, J. 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;
 (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.
              

                                                            LBD03178-01-1

 A. 2589                             2
 
   2.  A.  AN  EMPLOYEE  MAY  REQUEST A FLEXIBLE WORKING ARRANGEMENT THAT
 MEETS THE NEEDS OF BOTH THE EMPLOYER AND EMPLOYEE.  THE  EMPLOYER  SHALL
 CONSIDER  AND RESPOND TO SUCH REQUEST PURSUANT TO THE PROVISIONS OF THIS
 SECTION.
   B.  THE  EMPLOYER  SHALL RESPOND TO THE REQUEST FOR A FLEXIBLE WORKING
 ARRANGEMENT FROM THE EMPLOYEE, AND SHALL CONSIDER THE EMPLOYEE'S REQUEST
 FOR A FLEXIBLE WORKING ARRANGEMENT AND WHETHER THE REQUEST OR A  SIMILAR
 ARRANGEMENT  COULD  BE GRANTED IN A MANNER THAT IS NOT INCONSISTENT WITH
 ITS BUSINESS OPERATIONS OR ITS LEGAL OR  CONTRACTUAL  OBLIGATIONS.    AN
 EMPLOYER  MAY  ESTABLISH  REASONABLE  STANDARDS  TO  DETERMINE THE TIME,
 PLACE, AND MANNER IN WHICH THE EMPLOYER SHALL DISCUSS THE REQUEST PURSU-
 ANT TO THIS SUBDIVISION.
   C. THE EMPLOYER SHALL NOTIFY THE EMPLOYEE OF  THE  DECISION  REGARDING
 THE  REQUEST  IN  A REASONABLY TIMELY MANNER, BUT IN NO CASES SHALL SUCH
 DECISION BE PROVIDED LATER THAN FORTY-FIVE DAYS FROM RECEIPT OF  SUCH  A
 REQUEST.  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.
   3. 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.
   4. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE EXERCISING  HIS
 OR HER RIGHTS UNDER THIS SECTION.
   5.  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.
   6. NOTHING IN THIS SECTION SHALL REQUIRE AN  EMPLOYER  TO  ACCEPT  THE
 FLEXIBLE WORK ARRANGEMENT OF THE EMPLOYEE.
   7.  A.  THE  COMMISSIONER  MAY BRING AN ACTION AGAINST AN EMPLOYER FOR
 FAILURE TO ADHERE TO THE PROVISIONS OF THIS SECTION,  INCLUDING  INJUNC-
 TIVE RELIEF TO ENJOIN FUTURE CONDUCT.
   B.  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.
   8. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  THE
 IMPLEMENTATION OF THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.