S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    665
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. ROZIC, BARRETT, L. ROSENTHAL, SEAWRIGHT, SIMON,
   REYES -- Multi-Sponsored by -- M. of A. COOK, GLICK,  RIVERA  --  read
   once and referred 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.
                                                            LBD02526-01-3
 A. 665                              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.