S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3125
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law,  in  relation  to  certain  call
   centers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 65 of the public service law is amended by adding a
 new subdivision 17 to read as follows:
   17. (A) EVERY PUBLIC UTILITY UNDER THIS SUBDIVISION SHALL PROVIDE  THE
 COMMISSIONER  AN  AFFIDAVIT,  QUARTERLY,  THAT  NO CALL CENTERS OR OTHER
 FACILITIES PROVIDING CUSTOMER ASSISTANCE SET FORTH IN PARAGRAPH  (A)  OF
 SUBDIVISION THIRTEEN OF THIS SECTION HAVE BEEN CLOSED WITHOUT NOTICE AND
 HEARING  BEFORE  THE  COMMISSION  AND THAT THE UTILITY HAS NOT RELOCATED
 SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF NEW YORK STATE OR OUTSIDE OF
 NEW YORK STATE WITHOUT NOTICE AND HEARING  BEFORE  THE  COMMISSION.  THE
 AFFIDAVIT  SHALL  BE  SUBMITTED IN SUCH FORM AND AT SUCH TIMES AND SHALL
 CONTAIN INFORMATION AS THE COMMISSIONER,  BY  RULE  OR  REGULATION,  MAY
 PRESCRIBE.
   (B)  AN EMPLOYEE WHO PERFORMS SERVICES FOR AND UNDER THE DIRECTION AND
 CONTROL OF A PUBLIC UTILITY OR AN AGENT ACTING ON BEHALF OF THE EMPLOYER
 SHALL NOT TAKE RETALIATORY PERSONNEL ACTION SUCH AS  DISCHARGE,  SUSPEN-
 SION,  DEMOTION,  PENALIZATION OR DISCRIMINATION AGAINST AN EMPLOYEE FOR
 REPORTING, DISCLOSING, OR TESTIFYING BEFORE, ANY PUBLIC BODY  CONDUCTING
 AN  INVESTIGATION, HEARING OR INQUIRY INTO SUCH VIOLATION OF SUBDIVISION
 THIRTEEN OF THIS SECTION.
   (C) THE PROTECTION AGAINST  RETALIATORY  ACTION  SHALL  APPLY  TO  ANY
 EMPLOYEE WHO IN GOOD FAITH REASONABLY BELIEVES THAT A UTILITY COMPANY IS
 IN  VIOLATION OF SUBDIVISION THIRTEEN OF THIS SECTION, BASED ON INFORMA-
 TION THAT THE EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES TO BE TRUE.
   (D) (I) AN EMPLOYEE WHO HAS BEEN THE SUBJECT OF A RETALIATORY  PERSON-
 NEL  ACTION IN VIOLATION OF THIS SECTION MAY INSTITUTE A CIVIL ACTION IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07662-01-3
              

 A. 3125                             2
 
 A COURT OF COMPETENT JURISDICTION FOR RELIEF WITHIN TWO YEARS AFTER  THE
 ALLEGED  RETALIATORY PERSONNEL ACTION WAS TAKEN. (II) ANY ACTION AUTHOR-
 IZED BY THIS SECTION MAY BE BROUGHT IN THE COUNTY IN WHICH  THE  ALLEGED
 RETALIATORY  PERSONNEL  ACTION  OCCURRED,  IN  THE  COUNTY  IN WHICH THE
 COMPLAINANT RESIDES, OR IN THE COUNTY IN  WHICH  THE  EMPLOYER  HAS  ITS
 PRINCIPAL PLACE OF BUSINESS.
   IN ADDITION TO THE RELIEF SET FORTH IN THIS SECTION, THE COURT, IN ITS
 DISCRETION, BASED UPON A FINDING THAT THE EMPLOYER ACTED IN BAD FAITH IN
 THE  RETALIATORY  ACTION,  MAY ASSESS THE EMPLOYER A CIVIL PENALTY OF AN
 AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, TO BE PAID TO  THE  ORGANIZED
 LABOR BARGAINING UNIT'S HEALTH AND WELFARE FUND.
   (E)  IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION, THE COURT MAY
 ORDER RELIEF AS FOLLOWS: (I) THE REINSTATEMENT OF THE  EMPLOYEE  TO  THE
 SAME  POSITION  HELD  BEFORE  THE RETALIATORY PERSONNEL ACTION, OR TO AN
 EQUIVALENT POSITION; (II) THE REINSTATEMENT OF FULL FRINGE BENEFITS  AND
 SENIORITY  RIGHTS;  (III)  THE COMPENSATION FOR LOST WAGES, BENEFITS AND
 OTHER REMUNERATION; AND COMPENSATORY DAMAGES FOR ECONOMIC LOSS; (IV) THE
 PAYMENT BY THE EMPLOYER OF REASONABLE COSTS, DISBURSEMENTS,  AND  ATTOR-
 NEY'S  FEES;  (V)  AN  INJUNCTION  TO  RESTRAIN THE EMPLOYER'S CONTINUED
 VIOLATION OF THIS SECTION WITH RESPECT TO THE  EMPLOYEE;  (VI)  A  CIVIL
 PENALTY  OF  AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, IF THE COURT,
 IN ITS DISCRETION, FINDS THAT THE EMPLOYER ACTED IN  BAD  FAITH  IN  THE
 RETALIATORY ACTION.
   (F)  A COURT, IN ITS DISCRETION, MAY ALSO ORDER THAT REASONABLE ATTOR-
 NEYS' FEES AND COURT COSTS AND DISBURSEMENTS BE AWARDED TO  AN  EMPLOYER
 IF THE COURT DETERMINES THAT AN ACTION BROUGHT BY AN EMPLOYEE UNDER THIS
 SECTION  WAS  WITHOUT  REASONABLE  BASIS IN LAW OR IN FACT. THE EMPLOYER
 SHALL RESERVE THE RIGHT TO DISMISS AN EMPLOYEE  WHO  HAS  ACTED  IN  BAD
 FAITH  WITHOUT  REASONABLE  BASIS  IN  LAW OR IN FACT, REGARDLESS OF ANY
 GRIEVANCE PROCESS THAT MAY BE IN PLACE  AS  A  RESULT  OF  A  COLLECTIVE
 BARGAINING AGREEMENT.
   (G) EVERY EMPLOYER SHALL INFORM EMPLOYEES OF THEIR PROTECTIONS, RIGHTS
 AND  OBLIGATIONS  UNDER  THIS SECTION, BY POSTING A NOTICE THEREOF. SUCH
 NOTICES SHALL BE POSTED CONSPICUOUSLY IN  EASILY  ACCESSIBLE  AND  WELL-
 LIGHTED  PLACES  CUSTOMARILY  FREQUENTED BY EMPLOYEES AND APPLICANTS FOR
 EMPLOYMENT.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.