S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    837
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law and the  labor  law,  in  relation  to
   creating  additional  remedies  for  unlawful  discharge,  penalty  or
   discrimination on account of the exercise of a  juror's  right  to  be
   absent from employment for jury duty
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 519 of the judiciary law, as added by  chapter  85
 of the laws of 1995, is amended to read as follows:
   § 519. Right of juror to be absent from employment.  Any person who is
 summoned  to  serve  as a juror under the provisions of this article and
 who notifies his or her employer to that effect prior to  the  commence-
 ment  of a term of service shall not, on account of absence from employ-
 ment by reason of such jury  service,  be  subject  to  discharge  [or],
 penalty, OR DISCRIMINATION IN ANY OTHER MANNER.  An employer may, howev-
 er,  withhold  wages  of any such employee serving as a juror during the
 period of such service; provided that an employer who employs more  than
 ten employees shall not withhold the first forty dollars of such juror's
 daily  wages during the first three days of jury service. Withholding of
 wages in accordance with this section shall not be deemed a  penalty  OR
 DISCRIMINATION  IN  ANY  OTHER MANNER.   Violation of this section shall
 constitute a criminal contempt of court punishable pursuant  to  section
 seven  hundred  fifty  of  this  chapter  AND  SHALL  ALSO  CONSTITUTE A
 VIOLATION OF SECTION TWO HUNDRED FIFTEEN OF THE LABOR LAW AND BE SUBJECT
 TO THE CIVIL PENALTIES AND CIVIL ACTION PROVIDED FOR THEREUNDER.
   § 2. Paragraph 7 of subdivision A of section 750 of the judiciary law,
 as amended by chapter 823 of the laws of 1982, is  amended  to  read  as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02753-01-1

 S. 837                              2
 
   7.  Wilful  failure  to  obey  any  mandate, process, or notice issued
 pursuant to [articles] ARTICLE sixteen[, seventeen, eighteen, eighteen-a
 or eighteen-b] of [the judiciary law] THIS CHAPTER, or to rules  adopted
 pursuant  thereto,  or to any other statute relating thereto, or refusal
 to  be  sworn  as  provided  therein,  or  subjection  of an employee to
 discharge [or], penalty,  OR  DISCRIMINATION  IN  ANY  OTHER  MANNER  on
 account  of  his  OR  HER  absence  from employment by reason of jury or
 subpoenaed witness service in  violation  of  this  chapter  or  section
 215.11  of  the  penal  law.    Applications to punish the accused for a
 contempt specified in this subdivision may be made by notice  of  motion
 or  by  order to show cause, and shall be made returnable at the term of
 the supreme court at which contested motions are heard, or of the county
 court if the supreme court is not in session.
   § 3. Section 215 of the labor law, as amended by chapter  564  of  the
 laws of 2010, the closing paragraph of paragraph (a) of subdivision 1 as
 added by chapter 126 of the laws of 2019, paragraph (b) of subdivision 1
 and paragraph (a) of subdivision 2 as amended by chapter 537 of the laws
 of 2014, is amended to read as follows:
   § 215. [Penalties] CIVIL PENALTIES and civil action; prohibited retal-
 iation.  1. (a) No employer or his or her agent, or the officer or agent
 of any corporation, partnership, or limited liability  company,  or  any
 other  person,  shall  discharge,  threaten,  penalize,  or in any other
 manner discriminate or retaliate against any employee (i)  because  such
 employee  has made a complaint to his or her employer, or to the commis-
 sioner or his or her  authorized  representative,  or  to  the  attorney
 general  or  any  other person, that the employer has engaged in conduct
 that the employee, reasonably and in good faith, believes  violates  any
 provision  of this chapter, or any order issued by the commissioner (ii)
 because such employer or person believes that such employee has  made  a
 complaint  to  his or her employer, or to the commissioner or his or her
 authorized representative, or to the attorney general, or to  any  other
 person  that the employer has violated any provision of this chapter, or
 any order issued by the commissioner (iii)  because  such  employee  has
 caused  to  be instituted or is about to institute a proceeding under or
 related to this chapter, or (iv)  because  such  employee  has  provided
 information  to the commissioner or his or her authorized representative
 or the attorney general, or (v) because such employee has  testified  or
 is  about  to testify in an investigation or proceeding under this chap-
 ter, or (vi)  because  such  employee  has  otherwise  exercised  rights
 protected under this chapter, or (vii) because the employer has received
 an  adverse  determination from the commissioner involving the employee,
 OR (VIII) BECAUSE SUCH EMPLOYEE HAS EXERCISED HIS OR  HER  RIGHT  TO  BE
 ABSENT  FROM EMPLOYMENT PURSUANT TO SECTION FIVE HUNDRED NINETEEN OF THE
 JUDICIARY LAW BY REASON OF JURY SERVICE.
   An employee complaint or other communication need  not  make  explicit
 reference  to  any  section  or provision of this chapter to trigger the
 protections of this section.
   As used in this section, to threaten, penalize, or in any other manner
 discriminate or retaliate against any employee includes  threatening  to
 contact or contacting United States immigration authorities or otherwise
 reporting  or  threatening to report an employee's suspected citizenship
 or immigration status or the suspected citizenship or immigration status
 of an employee's family or household member, as defined  in  subdivision
 two  of section four hundred fifty-nine-a of the social services law, to
 a federal, state or local agency.

 S. 837                              3
 
   (b) If after investigation the commissioner finds that an employer  or
 person has violated any provision of this section, the commissioner may,
 by  an  order  which  shall  describe  particularly  the  nature  of the
 violation, assess the employer or person a civil  penalty  of  not  less
 than  one thousand nor more than ten thousand dollars provided, however,
 that if the commissioner  finds  that  the  employer  has  violated  the
 provisions  of  this  section  in the preceding six years, he or she may
 assess a civil penalty of not less than one thousand nor more than twen-
 ty thousand dollars. EACH ACT TAKEN IN CONTRAVENTION  OF  A  PROHIBITION
 CONTAINED  IN  THIS  SECTION  SHALL  CONSTITUTE  A SEPARATE AND DISTINCT
 VIOLATION OF THIS SECTION, AND IN ASSESSING ANY SUCH CIVIL  PENALTY  THE
 COMMISSIONER SHALL CONSIDER, IN ADDITION TO THE NATURE OF THE VIOLATION,
 ALL  PRIOR  FINDINGS  OF VIOLATIONS OF THE PROVISIONS OF THIS SECTION BY
 THE EMPLOYER. The commissioner may also  order  all  appropriate  relief
 including  enjoining  the  conduct  of  any person or employer; ordering
 payment of liquidated damages to the employee by the person or entity in
 violation; and, where the person or entity in violation is  an  employer
 ordering  rehiring or reinstatement of the employee to his or her former
 position or an equivalent position, and an award of lost compensation or
 an award of front pay in lieu of reinstatement  and  an  award  of  lost
 compensation.  Liquidated  damages  shall be calculated as an amount not
 more than twenty thousand dollars. The commissioner  may  assess  liqui-
 dated  damages on behalf of every employee aggrieved under this section,
 in addition to any other remedies permitted by this section.
   (c) THE PROVISIONS OF SECTION TWO HUNDRED  THIRTEEN  OF  THIS  ARTICLE
 SHALL NOT APPLY TO THE VIOLATIONS SPECIFIED IN THIS SECTION.
   (D)  This  section  shall  not  apply to employees of the state or any
 municipal subdivisions or departments thereof.
   2. (a) [An] IN ADDITION TO THE  CIVIL  PENALTIES  PROVIDED  FOR  UNDER
 SUBDIVISION ONE OF THIS SECTION, AN employee may bring a civil action in
 a  court  of  competent  jurisdiction  against  any  employer or persons
 alleged to have violated the provisions of this section. The court shall
 have jurisdiction to restrain violations of  this  section,  within  two
 years after such violation, regardless of the dates of employment of the
 employee,  and  to order all appropriate relief, including enjoining the
 conduct of any  person  or  employer;  ordering  payment  of  liquidated
 damages,  costs  and  reasonable  attorneys' fees to the employee by the
 person or entity in violation;  and,  where  the  person  or  entity  in
 violation  is  an  employer,  ordering  rehiring or reinstatement of the
 employee to his or her former position with restoration of seniority  or
 an  award  of  front  pay in lieu of reinstatement, and an award of lost
 compensation and damages, costs and reasonable attorneys'  fees.  Liqui-
 dated  damages  shall  be  calculated  as an amount not more than twenty
 thousand dollars. The court shall  award  liquidated  damages  to  every
 employee aggrieved under this section, in addition to any other remedies
 permitted  by  this  section. The statute of limitations shall be tolled
 from the date an employee files a complaint with the commissioner or the
 commissioner commences an investigation, whichever is earlier, until  an
 order  to  comply issued by the commissioner becomes final, or where the
 commissioner does not issue an  order,  until  the  date  on  which  the
 commissioner   notifies  the  complainant  that  the  investigation  has
 concluded. Investigation by the commissioner shall not be a prerequisite
 to nor a bar against  a  person  bringing  a  civil  action  under  this
 section.

 S. 837                              4

   (b)  At  or  before the commencement of any action under this section,
 notice thereof shall be served upon the attorney general by the  employ-
 ee.
   3.  Any  employer  or his or her agent, or the officer or agent of any
 corporation, partnership, or limited liability  company,  or  any  other
 person who violates subdivision one of this section shall be guilty of a
 class B misdemeanor.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.