NY State Senate Bill 2021-S1188

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 08, 2021	referred to labor

co-Sponsors

2021-S1188 (ACTIVE) - Details

See Assembly Version of this Bill:: A2589
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §171, Lab L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2414, A3055
2017-2018: S500, S7019, A1214
2019-2020: S3665, A324
2023-2024: S388, A665

2021-S1188 (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.

2021-S1188 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1188

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the labor law, in relation to flexible working arrange-
ments

 
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 "inconsist-
ent 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 writ-
ing.

States that provisions of this section shall not diminish any employment
rights pursuant to a collective bargaining agreement.  Restricts an
employer from retaliating against an employee for exercising his or her
rights.

States that nothing in this section shall require an employer to accept
the flexible work arrangement of the employee.

Establishes the commissioner's power of investigation and states the
commissioner shall promulgate rules and regulations for the implementa-
tion of this section.

Section 2 establishes the effective date.

 
EXISTING LAW:

 
JUSTIFICATION:

A flexible work arrangement provides employees with a variable work
schedule in contrast to the traditional work experience. Studies show
that businesses that provide flexible working arrangements experience a
reduction in absenteeism and lateness. Both employees and employers
benefit in that employees are more likely to become more productive and
willing to help employers succeed. Other advantages in allowing employ-
ees to adopt flexible arrangements include conforming work schedules to
mass transit schedules, schedules their children have, or less congested
travel times.

This bill is modeled on similar legislation from Vermont, the first
state in the nation to pass legislation that gives employees the right
to request flexible working arrangements. Similar legislation has also
been instituted in San Francisco. As the need for workplace flexibility
grows, New York should also serve as a model for the ways in which
employees can work effectively and efficiently in today's work world.
Passage of this bill would not make flexible working arrangements in the
workplace a requirement, but instead would give employees the right to
request flexible working arrangements and employers the right to reject
such requests. It would establish the procedure by which requests are to
be reviewed, requiring that employers consider a request, discuss it
with the employee, and notify the employee of the decision in a timely
manner.

 
LEGISLATIVE HISTORY:

2020: Advanced to third reading
2019: Passed Senate/Died in Assembly
2018: Died in Labor
2017: Died in Labor
2016: Died in Labor
2015: Died in Labor

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
Immediately.

2021-S1188 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1188
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens. GIANARIS, BIAGGI, JACKSON, SEPULVEDA -- 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.
                                                            LBD03178-01-1

 S. 1188                             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.

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Senate Bill S1188

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2021-S1188 (ACTIVE) - Details

2021-S1188 (ACTIVE) - Summary

2021-S1188 (ACTIVE) - Sponsor Memo

2021-S1188 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1188

Share this bill

Sponsored By

Michael Gianaris

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Alessandra Biaggi

Robert Jackson

Luis R. Sepúlveda

2021-S1188 (ACTIVE) - Details

2021-S1188 (ACTIVE) - Summary

2021-S1188 (ACTIVE) - Sponsor Memo

2021-S1188 (ACTIVE) - Bill Text download pdf

Comments