S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8405
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to establishing an  immigrant
   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  article  19-E  to
 read as follows:
                               ARTICLE 19-E
                     IMMIGRANT WORKERS' BILL OF RIGHTS
 SECTION 697. DEFINITIONS.
         698. IMMIGRANT WORKERS' BILL OF RIGHTS.
   § 697. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "MOBILE  APPLICATION"  SHALL  MEAN  A TYPE OF APPLICATION SOFTWARE
 DESIGNED TO RUN ON A MOBILE DEVICE, SUCH AS  A  SMARTPHONE  OR  COMPUTER
 TABLET.
   2.  "TEMPORARY  PROTECTED  STATUS"  SHALL HAVE THE SAME MEANING AS SET
 FORTH IN SECTION 1254A OF TITLE 8 OF THE UNITED STATES CODE.
   § 698. IMMIGRANT WORKERS' BILL OF  RIGHTS.  1.  NO  LATER  THAN  MARCH
 FIRST,  TWO THOUSAND TWENTY-FIVE, THE COMMISSIONER, IN COORDINATION WITH
 THE DEPARTMENT'S DIVISION OF IMMIGRANT POLICIES AND AFFAIRS,  THE  DIVI-
 SION  ON  HUMAN  RIGHTS,  AND  COMMUNITY  AND LABOR ORGANIZATIONS DEEMED
 APPROPRIATE BY THE  COMMISSIONER,  SHALL  PROVIDE  ON  THE  DEPARTMENT'S
 WEBSITE IN ENGLISH AND SUCH OTHER LANGUAGES AS DEEMED APPROPRIATE BY THE
 COMMISSIONER  INFORMATION  ABOUT RIGHTS UNDER RELEVANT FEDERAL AND STATE
 LAW THAT  APPLY  TO  EMPLOYEES,  PROSPECTIVE  EMPLOYEES  OR  INDEPENDENT
 CONTRACTORS  IN  THE STATE. SUCH INFORMATION SHALL INDICATE WHICH RIGHTS
 APPLY TO WORKERS REGARDLESS OF IMMIGRATION STATUS AND SHALL ALSO INCLUDE
 INFORMATION ABOUT THE RIGHT TO ORGANIZE A UNION.
   2. AN EMPLOYER SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13623-01-3
              

 A. 8405                             2
 
   (A) PROVIDE TO EACH EMPLOYEE EMPLOYED BY SUCH EMPLOYER, NO LATER  THAN
 AUGUST  FIRST,  TWO THOUSAND TWENTY-FIVE, AND THEREAFTER ON OR BEFORE AN
 EMPLOYEE'S FIRST DAY OF WORK, THE INFORMATION DESCRIBED  IN  SUBDIVISION
 ONE OF THIS SECTION; AND
   (B) CONSPICUOUSLY POST THE INFORMATION DESCRIBED IN SUBDIVISION ONE OF
 THIS  SECTION  AT  AN EMPLOYER'S PLACE OF BUSINESS IN AN AREA ACCESSIBLE
 AND VISIBLE TO EMPLOYEES EMPLOYED BY SUCH EMPLOYER.
   3. THE INFORMATION REQUIRED TO BE PROVIDED BY AN EMPLOYER PURSUANT  TO
 SUBDIVISION  TWO  OF  THIS  SECTION SHALL BE IN ENGLISH AND ANY LANGUAGE
 SPOKEN AS A PRIMARY LANGUAGE BY  AT  LEAST  FIVE  PERCENT  OF  EMPLOYEES
 EMPLOYED  BY SUCH EMPLOYER, IF THE COMMISSIONER HAS MADE THE INFORMATION
 AVAILABLE IN SUCH LANGUAGE.
   4. AN EMPLOYER SHALL MAKE AVAILABLE ONLINE OR ON ITS  MOBILE  APPLICA-
 TION  THE  INFORMATION  DESCRIBED IN SUBDIVISION ONE OF THIS SECTION FOR
 EMPLOYEES TO VIEW IF SUCH MEANS ARE REGULARLY USED TO  COMMUNICATE  WITH
 SUCH EMPLOYER'S EMPLOYEES.
   5.  ANY  EMPLOYER  WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE
 LIABLE FOR A CIVIL PENALTY OF FIVE HUNDRED  DOLLARS,  EXCEPT  THAT  WITH
 RESPECT TO A FIRST VIOLATION, THE COMMISSIONER SHALL NOTIFY SUCH EMPLOY-
 ER  OF  SUCH  VIOLATION AND REQUEST THAT ACTION BE TAKEN TO CORRECT SUCH
 VIOLATION WITHIN THIRTY DAYS AND SHALL AFFORD SUCH EMPLOYER AN  OPPORTU-
 NITY  TO CONTEST THE COMMISSIONER'S FINDING. A PROCEEDING TO RECOVER ANY
 CIVIL PENALTY AUTHORIZED PURSUANT TO THIS SUBDIVISION MAY BE BROUGHT  BY
 THE  COMMISSIONER  IN  ANY COURT OF COMPETENT JURISDICTION OR WITHIN ANY
 AGENCY OF THE STATE DESIGNATED TO CONDUCT SUCH PROCEEDINGS.
   6. NO LATER THAN APRIL FIRST, TWO THOUSAND  TWENTY-FIVE,  THE  DEPART-
 MENT'S  DIVISION OF IMMIGRANT POLICIES AND AFFAIRS, IN COORDINATION WITH
 THE DEPARTMENT AND COMMUNITY AND LABOR ORGANIZATIONS DEEMED  APPROPRIATE
 BY  THE  DEPARTMENT,  SHALL  CONDUCT  OUTREACH REGARDING THE INFORMATION
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION TO  EMPLOYEES,  PROSPECTIVE
 EMPLOYEES, AND INDEPENDENT CONTRACTORS IN THE STATE. SUCH OUTREACH SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (A)  CONTACT  INFORMATION FOR THE NEW YORK STATE OFFICE FOR NEW AMERI-
 CANS HOTLINE;
   (B) RESOURCES AND CONTACT INFORMATION FOR IMMIGRATION  LEGAL  SERVICES
 AND THE DEPARTMENT'S DIVISION OF IMMIGRANT POLICIES AND AFFAIRS;
   (C)  INFORMATION ON WHAT TO EXPECT IF IMMIGRATION ENFORCEMENT AUTHORI-
 TIES COME TO AN INDIVIDUAL'S WORKPLACE; AND
   (D) INFORMATION REGARDING FEDERAL ELIGIBILITY REQUIREMENTS  OF  TEMPO-
 RARY  PROTECTED  STATUS FOLLOWING DESIGNATIONS, EXTENSIONS, AND REDESIG-
 NATIONS OF SUCH STATUS PURSUANT TO SECTION  1254A  OF  TITLE  8  OF  THE
 UNITED STATES CODE.
   7. COMMUNITY OUTREACH AND EDUCATION EFFORTS PERTAINING TO THE INFORMA-
 TION  DESCRIBED  IN  SUBDIVISIONS  ONE  AND SIX OF THIS SECTION SHALL BE
 CONDUCTED VIA THE  INTERNET,  PRINT  MEDIA,  AND  PUBLIC  TRANSPORTATION
 ADVERTISEMENTS.  COMMUNITY OUTREACH DESCRIBED IN SUBDIVISION SIX OF THIS
 SECTION  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, DISTRIBUTING OUTREACH
 MATERIALS AT HUMANITARIAN EMERGENCY RESPONSE AND RELIEF  CENTERS,  EMER-
 GENCY  SHELTERS,  RESPITE CENTERS, AND ASYLUM SEEKER RESOURCE NAVIGATION
 CENTERS. THE DEPARTMENT'S DIVISION OF  IMMIGRANT  POLICIES  AND  AFFAIRS
 SHALL CREATE SUCH OUTREACH MATERIALS IN ENGLISH AND SUCH OTHER LANGUAGES
 AS DEEMED APPROPRIATE BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.