S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2562
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. ROZIC, SEAWRIGHT -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02962-01-3
              

 A. 2562                             2
 
 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
 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
 A. 2562                             3
 
 AMOUNT, AS PRESCRIBED BY THE COMMISSIONER, PROVIDED, HOWEVER, NO  HAZARD
 PAYMENT  SHALL  EXCEED  TWENTY-FIVE THOUSAND DOLLARS IN ANY YEAR FOR ANY
 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.