S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    450
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ROZIC,  EPSTEIN,  D. ROSENTHAL,  DE LA ROSA,
   L. ROSENTHAL, DARLING, CRUZ, FERNANDEZ, QUART,  STECK  --  Multi-Spon-
   sored by -- M. of A.  SIMON -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to employee work schedules

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 5 of the labor law is amended by adding a new title
 2 to read as follows:
                                  TITLE 2
                           SPECIAL REQUIREMENTS
 SECTION 171. DEFINITIONS.
         172. ADVANCED NOTICE REQUIREMENTS.
         173. EXCHANGE OF SHIFTS.
         174. PROHIBITED ACTS.
         175. EXCEPTIONS.
         176. ENFORCEMENT.
   § 171. DEFINITIONS. AS USED IN THIS TITLE:
   1. "EMPLOYER" SHALL MEAN ANY PERSON,  CORPORATION,  LIMITED  LIABILITY
 COMPANY,  LIMITED  LIABILITY  PARTNERSHIP  OR ASSOCIATION EMPLOYING FIVE
 HUNDRED OR MORE FULL-TIME EMPLOYEES NATIONWIDE OR A PROPORTIONAL  NUMBER
 OF  PART-TIME  EMPLOYEES,  WHO  EMPLOYS  A RETAIL EMPLOYEE, FOOD SERVICE
 EMPLOYEE OR CLEANING EMPLOYEE.
   2. "EMPLOYEE" SHALL MEAN AN INDIVIDUAL EMPLOYED AS A RETAIL  EMPLOYEE,
 FOOD SERVICE EMPLOYEE OR CLEANING EMPLOYEE BY AN EMPLOYER.
   3.  "RETAIL EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN THE
 SALE OF ITEMS AT A RETAIL STORE ENGAGED IN THE SALE OF ITEMS TO  CONSUM-
 ERS.
   4.  "FOOD  SERVICE EMPLOYEE" SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED
 IN THE SERVICE OF FOOD OR BEVERAGE TO GUESTS, PATRONS  OR  CUSTOMERS  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02748-01-1

 A. 450                              2
 
 THE  HOTEL  OR  RESTAURANT  INDUSTRY, INCLUDING BUT NOT LIMITED TO, WAIT
 STAFF, BARTENDERS, CAPTAINS AND  BUSING  PERSONNEL;  AND  WHO  REGULARLY
 RECEIVES TIPS FROM SUCH GUESTS, PATRONS OR CUSTOMERS.
   5.  "CLEANING  EMPLOYEE"  SHALL MEAN ANY EMPLOYEE PRIMARILY ENGAGED IN
 ACTIVITIES INVOLVING CLEANING IN A COMMERCIAL CONTEXT AT A COMMERCIAL OR
 RESIDENTIAL SETTING INCLUDING, BUT  NOT  LIMITED  TO,  JANITORS,  MAIDS,
 HOUSEKEEPING CLEANERS AND BUILDING CLEANERS.
   §  172. ADVANCED NOTICE REQUIREMENTS. 1. ON OR BEFORE THE FIRST DAY OF
 EMPLOYMENT OF A RETAIL  EMPLOYEE,  FOOD  SERVICE  EMPLOYEE  OR  CLEANING
 EMPLOYEE,  THE  EMPLOYER  OR  ITS  DESIGNEE SHALL PROVIDE NOTICE TO SUCH
 EMPLOYEE IN WRITING OF THE EMPLOYEE'S  WORK  SCHEDULE  AND  THE  MINIMUM
 NUMBER  OF  HOURS THE EMPLOYEE WILL BE ASSIGNED ON A MONTHLY BASIS. UPON
 THE PROVISIONS OF SUCH NOTICE TO SUCH AN EMPLOYEE, THE EMPLOYER  OR  ITS
 DESIGNEE  SHALL  OBTAIN  FROM  THE  EMPLOYEE  A SIGNED AND DATED WRITTEN
 ACKNOWLEDGEMENT, IN ENGLISH AND IN THE PRIMARY LANGUAGE OF THE EMPLOYEE,
 OF RECEIPT OF THE NOTICE, WHICH THE EMPLOYER SHALL PRESERVE AND MAINTAIN
 FOR A PERIOD OF SIX YEARS.
   2. ON OR BEFORE THE SEVENTH DAY  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION  AND  EVERY SEVEN DAYS THEREAFTER, EACH EMPLOYER OR ITS DESIGNEE
 SHALL PROVIDE EACH EMPLOYEE WITH THE DAYS THAT  THE  EMPLOYEE  HAS  BEEN
 ASSIGNED TO WORK AND THE HOURS OF WORK ON THOSE DAYS IN WRITING.  SCHED-
 ULING  NOTICES  SHALL  ADDITIONALLY  BE POSTED IN A CONSPICUOUS PLACE IN
 EVERY WORKPLACE OF THE EMPLOYER  AND  MAY  BE  REQUESTED  BY  ELECTRONIC
 MEANS.
   3.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY DURING ANY PERIOD
 WHERE REGULAR OPERATIONS OF THE EMPLOYER ARE SUSPENDED AS  A  RESULT  OF
 EVENTS BEYOND THE EMPLOYER'S CONTROL.
   § 173. EXCHANGE OF SHIFTS. ANY EMPLOYEES WHO WORK FOR THE SAME EMPLOY-
 ER  IN THE SAME OR SUBSTANTIALLY SIMILAR LINE OF WORK MAY MUTUALLY AGREE
 TO EXCHANGE WORK SCHEDULES BETWEEN THE TWO EMPLOYEES. FOR ANY CHANGE  OF
 SCHEDULE AS A RESULT OF THIS SECTION, THE EMPLOYER SHALL NOT BE REQUIRED
 TO  PROVIDE  ANY  NOTICE  TO ANY OTHER EMPLOYEES PURSUANT TO SECTION ONE
 HUNDRED SEVENTY-TWO OF THIS TITLE.
   § 174. PROHIBITED ACTS. IT SHALL BE UNLAWFUL FOR ANY EMPLOYER TO:
   1. INTERFERE WITH, RESTRAIN OR DENY THE EXERCISE  OF,  OR  ATTEMPT  TO
 EXERCISE  ANY  RIGHTS  PROVIDED TO AN EMPLOYEE BY THE PROVISIONS OF THIS
 TITLE;
   2. DISCHARGE, THREATEN TO  DISCHARGE,  DEMOTE,  SUSPEND,  REDUCE  WORK
 HOURS OF OR TAKE ANY OTHER ADVERSE EMPLOYMENT ACTION AGAINST ANY EMPLOY-
 EE  WHO  EXERCISES  OR  ATTEMPTS TO EXERCISE ANY RIGHTS PROVIDED BY THIS
 TITLE; OR
   3. DISCHARGE OR DISCRIMINATE IN ANY OTHER MANNER AGAINST AN INDIVIDUAL
 BECAUSE SUCH INDIVIDUAL HAS FILED ANY CHARGE, INSTITUTED ANY PROCEEDING,
 PROVIDED ANY INFORMATION IN CONNECTION WITH AN INVESTIGATION, OR  TESTI-
 FIED  OR  IS  ABOUT  TO  TESTIFY  IN  ANY  PROCEEDING AS A RESULT OF THE
 PROVISIONS OF THIS TITLE.
   § 175. EXCEPTIONS. NOTHING IN THIS TITLE SHALL BE CONSTRUED AS PROHIB-
 ITING OR CONFLICTING WITH ANY PROVISION OF LAW, OBLIGATION OR COLLECTIVE
 BARGAINING AGREEMENT THAT IMPOSES INCREASED LEVELS  OF  PROTECTIONS  FOR
 EMPLOYEES.
   §  176. ENFORCEMENT. 1. FOR EACH VIOLATION OF THIS TITLE BY AN EMPLOY-
 ER, THE DEPARTMENT MAY ASSESS  A  CIVIL  PENALTY  NOT  TO  EXCEED  FIFTY
 DOLLARS.
   2.  IN  ADDITION TO ANY PENALTY ASSESSED BY THE DEPARTMENT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, ANY EMPLOYEE, WHO IS NOT PROVIDED  WITH
 THE  NOTICE  REQUIRED BY SUBDIVISION ONE OF SECTION ONE HUNDRED SEVENTY-

 A. 450                              3
 
 TWO OF THIS TITLE ON HIS OR HER FIRST DAY OF EMPLOYMENT,  SHALL  HAVE  A
 PRIVATE RIGHT OF ACTION AGAINST HIS OR HER EMPLOYER FOR DAMAGES EQUAL TO
 FIFTY  DOLLARS  FOR  EACH  WORK  DAY, AFTER THE FIRST DAY OF EMPLOYMENT,
 DURING  WHICH  THE EMPLOYEE IS NOT PROVIDED WITH THE REQUIRED NOTICE, IN
 AN AMOUNT IN THE AGGREGATE NOT TO EXCEED  FIVE  THOUSAND  DOLLARS,  PLUS
 COURT COSTS AND ATTORNEY'S FEES.
   3.  IN  ADDITION TO ANY PENALTY ASSESSED BY THE DEPARTMENT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, ANY EMPLOYEE, WHO DURING ANY  MONTH  IS
 NOT  SCHEDULED TO WORK THE MINIMUM HOURS OF WORK FOR THE MONTH AS STATED
 IN THE NOTICE PROVIDED TO SUCH EMPLOYEE PURSUANT TO SUBDIVISION  ONE  OF
 SECTION  ONE  HUNDRED  SEVENTY-TWO  OF  THIS TITLE, SHALL HAVE A PRIVATE
 RIGHT OF ACTION AGAINST HIS OR HER EMPLOYER FOR  DAMAGES  EQUAL  TO  THE
 EMPLOYEE'S  HOURLY  PAY  RATE MULTIPLIED BY THE NUMBER OF HOURS WHICH IS
 THE RESULT OF SUBTRACTING THE HOURS THE EMPLOYEE ACTUALLY WORKED  DURING
 THE MONTH FROM SUCH EMPLOYEE'S STATED MINIMUM HOURS OF WORK FOR A MONTH,
 PLUS COURT COSTS AND ATTORNEY'S FEES.
   §  2.  Severability.  If  any clause, sentence, paragraph, section, or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to  be invalid, this judgment shall not affect, impair, or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the  clause,  sentence, paragraph, section, or part of this act directly
 involved in the controversy  in  which  the  judgment  shall  have  been
 rendered.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.