S T A T E O F N E W Y O R K
________________________________________________________________________
3266--A
Cal. No. 410
2023-2024 Regular Sessions
I N S E N A T E
January 30, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04982-02-3
S. 3266--A 2
§ 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:
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, paragraph (a) of subdivision 1 as amended by chapter 604
of the laws of 2022, 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 used any legally protected absence
pursuant to federal, local, or state law, INCLUDING BECAUSE SUCH EMPLOY-
EE 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
S. 3266--A 3
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; or assessing any demerit, occurrence,
any other point, or deductions from an allotted bank of time, which
subjects or could subject an employee to disciplinary action, which may
include but not be limited to failure to receive a promotion or loss of
pay.
(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. The commissioner may also order all appropriate
relief including enjoining the conduct of any person or employer; order-
ing payment of liquidated damages to the employee by the person or enti-
ty 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 liquidated 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
S. 3266--A 4
to nor a bar against a person bringing a civil action under this
section.
(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.
