NY State Senate Bill 2023-S5459

Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to labor
Mar 06, 2023	referred to labor

co-Sponsors

2023-S5459 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 20-D §§745 - 753, Lab L
Versions Introduced in 2021-2022 Legislative Session:: S8458

2023-S5459 (ACTIVE) - Summary

Establishes certain rights and remedies for employees who are wrongfully discharged; establishes remedies for wrongful discharge; allows an employee or employer to make a written offer to arbitrate a dispute covered under this act; defines terms.

2023-S5459 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5459

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the labor law, in relation to enacting the safeguarding
employees and accountability for termination act

 
PURPOSE:

The purpose of this legislation is to require employers to have good
cause when terminating an employee.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Article 20-D to the Labor Law entitled the "Safe-
guarding Employees and Accountability for Termination Act" or "The SEAT
Act."

The SEAT Act provides definitions for constructive discharge, discharge,
fringe benefits, good cause, leave of absence, and lost wages. Discharge
of employment may only be on grounds for good cause based on (1) the

employee's failure to satisfactorily perform job duties; (2) the employ-
ee's disruption of the employer's operation except when engaging in
concerted activity; (3) the employee's material or repeated violated of
an express provision of the employer's written policies; or (4) other
legitimate business reasons determined by the employer while exercising
the employer's reasonable business judgment. The legal use of a consum-
able product by an employee off the employer's premises during non-work-
ing hours is not a legitimate business reason except in certain situ-
ations.

Discharge of employment is wrongful if: (1) the discharge was not for
good cause and the employee had completed the employer's probationary
period; or (2) the employer materially violated an express provision of
its own written personnel policy prior to the discharge, and the
violation deprived the employee of a fair and reasonable opportunity to
remain in a position of employment with the employer.

During the probationary period, employment may be terminated at will of
the employer on notice to the employee for any reason or no reason.
Further, the employer has broad discretion when making a decision to
discharge any managerial or supervisory employee.

If an employer has committed a wrongful discharge, the employee may be
awarded lost wages and fringe benefits for a period not to exceed 4
years from the date of the discharge, together with interest on the lost
wages and fringe benefits. The employee's interim earning, derived from
any new kind, nature, or type of work, hire, contractor status
oròemployment that did not exist at the time of discharge, including
amounts the employee could have earned with reasonable diligence from
the work, hire, contractor status or employment, shall be deducted from
the amount awarded for lost wages. Before interim earnings are deducted
from lost wages, any reasonable amounts spent by the employee in search-
ing for, obtaining, or relocating to new employment shall be deducted
from interim earnings.

If an employer does not establish a specific probationary period or
state that there is no probationary period prior to or at the time the
employee begins work, there is a probationary period of one month
commencing on the date the employee begins work. An employer may extend
a probationary period prior to the expiration of a probationary period,
but the original probationary period together with any extensions shall
not exceed 6 months. Further, the probationary period shall not be
extended or restarted by discharging an employee during the probationary
period and rehiring the employee within three months after such
discharge. If an employee has one or more leaves of absence during the
probationary period, the time of each leave of absence shall not be a
part of the probationary period unless the employer affirmatively elects
to include each leave of absence as part of the probationary period with
the affirmative written consent of the employee.

Any action under this article must be commenced within 6 years after the
date of discharge. If an employer maintains written internal procedures
under which an employee may appeal a discharge within the organizational
structure of the employer, the employee must first exhaust those proce-
dures before filing an action under this article.  The employee's fail-
ure to initiate or exhaust available internal procedures is a defense to
an action brought under this article. If the employer's internal proce-
dures are not completed within 90 days from the date the employee initi-
ates the internal procedures, the employee may file an action under this
article and the employer's internal procedures are considered exhausted.
The statute of limitations are tolled until the procedures are
exhausted; however, in no case may the provisions of the employer's
internal procedures extend the limitation period more than 120 days.

If the employer maintains written internal procedures for appeal, the
employer must notify the discharged employee within 14 days of the date
of discharge in writing or electronically the existence of internal
procedures. The timeframe for the employee to commence procedures starts
when the employer sends a copy of the internal procedures in writing or
electronically. A copy of the procedures is considered provided to the
employee if the employer sends a copy of the procedures to the employ-
ee's last known mailing address and electronic mail, if provided, or the
employee's attorney. If the employer fails to notify and send the inter-
nal procedures to the discharged employee, the employee does not need to
comply with commencing appeal under the employer's internal procedures.

This article does not apply to: (1) a discharge that is subject to any
other state or federal law that provides a procedure or remedy for
contesting the dispute; or (2) an employee that is covered by a collec-
tive bargaining agreement or written contract of employment for a speci-
fied period.

A party may make a written offer to arbitrate a dispute so long as a
neutral arbitrator is selected, the arbitration is conducted pursuant to
Article 75 of the Civil Practice Law and Rules (CPLR), and the arbitra-
tor is bound by this article. If a complaint is filed under this arti-
cle, an offer to arbitrate must be made within 60 days after service of
the complaint and may be accepted in writing 30 days after the date the
offer is made. A discharged employee that makes a valid offer to arbi-
trate that is accepted by the employer and the employee prevails, the
discharged employee is entitled to have the arbitrator's fee and all
costs of the arbitration paid by the employer. If arbitration is offered
and accepted, it shall be the exclusive remedy for the wrongful
discharge dispute and there is no right to bring or continue a lawsuit
under this article. The arbitrator's award is final and binding, subject
to the review of their decision under Article 75 of the CPLR. However,
this shall not apply if the employer maintains written internal proce-
dures that require arbitration.

If a discharged employee makes a valid offer to arbitrate that is not
accepted by the employer and such discharged employee prevails in an
action under this article, the discharged employee is entitled to
reasonable attorney's fees incurred subsequent to the date of the offer.

Section 2 is the severability clause.

Section 3 is the effective date.

 
JUSTIFICATION:

The nail salon, restaurant, retail worker; these are a few "at will"
employees that can be terminated from their job without cause.
Private-sector employers can fire employees for any reason: to replace
them with a family member, for extending vacation due to a flight cance-
lation, or simply because the employer did not like the employee. The
uncertainty and instability of "at will" employment fosters inequality
in bargaining power between employers and employees.

Good cause termination may be a tool to balance the power dynamic of
private-sector labor. By requiring good cause to terminate employees,
New York can prevent senseless job loss and provide workers with more
secure employment. Too many New Yorkers work in circumstances where they
can be discharged without cause.

 
LEGISLATIVE HISTORY:

2021-2022: S.8458 - Referred to Labor

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made on or before
such date.

2023-S5459 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5459
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens. JACKSON, COMRIE, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to enacting the  safeguarding
   employees and accountability for termination act
 
   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  20-D  to
 read as follows:
                               ARTICLE 20-D
       SAFEGUARDING EMPLOYEES AND ACCOUNTABILITY FOR TERMINATION ACT
 SECTION 745. SHORT TITLE.
         746. DEFINITIONS.
         747. ELEMENTS OF WRONGFUL DISCHARGE.
         748. REMEDIES.
         749. PROBATIONARY PERIOD.
         750. LIMITATION OF ACTIONS.
         751. EXEMPTIONS.
         752. ARBITRATION.
         753. EFFECT OF REJECTION OF OFFER TO ARBITRATE.
   §  745.  SHORT  TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "SAFEGUARDING EMPLOYEES AND ACCOUNTABILITY FOR TERMINATION ACT" OR  "THE
 SEAT ACT".
   § 746. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE TERM:
   1. "CONSTRUCTIVE DISCHARGE" MEANS THE VOLUNTARY TERMINATION OF EMPLOY-
 MENT BY AN EMPLOYEE BECAUSE OF A SITUATION CREATED BY AN ACT OR OMISSION
 OF THE EMPLOYER WHICH A REASONABLE PERSON WOULD FIND SO INTOLERABLE THAT
 VOLUNTARY  TERMINATION  IS THE ONLY REASONABLE ALTERNATIVE. CONSTRUCTIVE
 DISCHARGE DOES NOT MEAN VOLUNTARY TERMINATION BECAUSE OF  AN  EMPLOYER'S
 REFUSAL  TO  PROMOTE  THE EMPLOYEE OR IMPROVE WAGES, RESPONSIBILITIES OR
 OTHER TERMS AND CONDITIONS OF EMPLOYMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09457-01-3
 S. 5459                             2

 
   2. "DISCHARGE" INCLUDES A CONSTRUCTIVE DISCHARGE AS DEFINED IN  SUBDI-
 VISION  ONE  OF  THIS  SECTION  AND ANY OTHER TERMINATION OF EMPLOYMENT,
 INCLUDING RESIGNATION, ELIMINATION OF THE  JOB,  FAILURE  TO  RECALL  OR
 REHIRE AND ANY OTHER CUTBACK IN THE NUMBER OF EMPLOYEES FOR A LEGITIMATE
 BUSINESS REASON.
   3.  "FRINGE  BENEFITS"  MEANS  THE VALUE OF ANY EMPLOYER-PAID VACATION
 LEAVE, SICK LEAVE, MEDICAL INSURANCE PLAN,  DISABILITY  INSURANCE  PLAN,
 AND LIFE INSURANCE PLAN IN FORCE ON THE DATE OF THE TERMINATION.
   4.  "GOOD  CAUSE"  MEANS  ANY  REASONABLE  JOB-RELATED  GROUNDS FOR AN
 EMPLOYEE'S DISMISSAL BASED ON:
   (A) THE EMPLOYEE'S FAILURE TO SATISFACTORILY PERFORM JOB DUTIES;
   (B) THE EMPLOYEE'S DISRUPTION OF THE EMPLOYER'S OPERATION EXCEPT  WHEN
 ENGAGING IN CONCERTED ACTIVITY;
   (C)  THE  EMPLOYEE'S  MATERIAL  OR  REPEATED  VIOLATION  OF AN EXPRESS
 PROVISION OF THE EMPLOYER'S WRITTEN POLICIES; OR
   (D) OTHER LEGITIMATE BUSINESS REASONS DETERMINED BY THE EMPLOYER WHILE
 EXERCISING THE EMPLOYER'S REASONABLE BUSINESS JUDGMENT. THE LEGAL USE OF
 A CONSUMABLE PRODUCT BY AN EMPLOYEE OFF THE EMPLOYER'S  PREMISES  DURING
 NONWORKING HOURS IS NOT A LEGITIMATE BUSINESS REASON; PROVIDED, HOWEVER,
 THAT THIS PARAGRAPH SHALL NOT APPLY TO:
   (I)  THE  USE  OF  A  CONSUMABLE PRODUCT THAT AFFECTS IN ANY MANNER AN
 EMPLOYEE'S ABILITY TO PERFORM JOB-RELATED EMPLOYMENT RESPONSIBILITIES OR
 THE SAFETY OF OTHER EMPLOYEES;
   (II) AN EMPLOYEE WHO, ON A PERSONAL BASIS, HAS A PROFESSIONAL  SERVICE
 CONTRACT WITH AN EMPLOYER AND THE UNIQUE NATURE OF THE SERVICES PROVIDED
 AUTHORIZES  THE  EMPLOYER, AS PART OF THE SERVICE CONTRACT, TO LIMIT THE
 USE OF CERTAIN PRODUCTS;
   (III) AN EMPLOYER THAT IS A NONPROFIT ORGANIZATION THAT, AS ONE OF ITS
 PRIMARY PURPOSES OR OBJECTIVES, DISCOURAGES  THE  USE  OF  ONE  OR  MORE
 LAWFUL PRODUCTS BY THE GENERAL PUBLIC; OR
   (IV)  AN  EMPLOYER  THAT  TAKES  ACTION  BASED  ON THE BELIEF THAT THE
 EMPLOYER'S ACTIONS ARE PERMISSIBLE UNDER AN ESTABLISHED SUBSTANCE  ABUSE
 OR  ALCOHOL  PROGRAM  OR  POLICY,  PROFESSIONAL  CONTRACT  OR COLLECTIVE
 BARGAINING AGREEMENT.
   6. "LEAVE OF ABSENCE" MEANS AN EMPLOYEE'S  ABSENCE  FROM  WORK  FOR  A
 PERIOD  OF  MORE THAN FIVE CONSECUTIVE WORKING DAYS FOR ANY REASON OTHER
 THAN HOLIDAYS AND VACATIONS.
   7. "LOST WAGES" MEANS THE GROSS AMOUNT OF WAGES THAT WOULD  HAVE  BEEN
 REPORTED TO THE INTERNAL REVENUE SERVICE AS GROSS INCOME ON FORM W-2 AND
 INCLUDES  OVERTIME  PAYMENTS,  ANY  BONUSES, AND ADDITIONAL COMPENSATION
 DEFERRED AT THE OPTION OF THE EMPLOYEE.
   § 747. ELEMENTS OF WRONGFUL DISCHARGE. 1. A DISCHARGE IS WRONGFUL ONLY
 IF:
   (A) THE DISCHARGE  WAS  NOT  FOR  GOOD  CAUSE  AND  THE  EMPLOYEE  HAD
 COMPLETED THE EMPLOYER'S PROBATIONARY PERIOD OF EMPLOYMENT; OR
   (B)  THE  EMPLOYER MATERIALLY VIOLATED AN EXPRESS PROVISION OF ITS OWN
 WRITTEN PERSONNEL POLICY PRIOR  TO  THE  DISCHARGE,  AND  THE  VIOLATION
 DEPRIVED  THE EMPLOYEE OF A FAIR AND REASONABLE OPPORTUNITY TO REMAIN IN
 A POSITION OF EMPLOYMENT WITH THE EMPLOYER.
   2. DURING A PROBATIONARY PERIOD OF EMPLOYMENT, THE EMPLOYMENT  MAY  BE
 TERMINATED AT THE WILL OF THE EMPLOYER ON NOTICE TO THE EMPLOYEE FOR ANY
 REASON OR FOR NO REASON.
   3.  THE  EMPLOYER  HAS  BROAD  DISCRETION  WHEN  MAKING  A DECISION TO
 DISCHARGE ANY MANAGERIAL OR SUPERVISORY EMPLOYEE.
   § 748. REMEDIES. 1. IF AN EMPLOYER HAS COMMITTED A WRONGFUL DISCHARGE,
 THE EMPLOYEE MAY BE AWARDED LOST WAGES AND FRINGE BENEFITS FOR A  PERIOD
 S. 5459                             3
 
 NOT  TO  EXCEED  FOUR  YEARS  FROM  THE DATE OF DISCHARGE, TOGETHER WITH
 INTEREST ON THE LOST WAGES AND FRINGE BENEFITS. THE  EMPLOYEE'S  INTERIM
 EARNINGS,  DERIVED  FROM  ANY  NEW  KIND, NATURE, OR TYPE OF WORK, HIRE,
 CONTRACTOR  STATUS  OR  EMPLOYMENT  THAT  DID  NOT  EXIST AT THE TIME OF
 DISCHARGE, INCLUDING AMOUNTS THE EMPLOYEE COULD HAVE EARNED WITH REASON-
 ABLE DILIGENCE FROM THE WORK, HIRE,  CONTRACTOR  STATUS  OR  EMPLOYMENT,
 SHALL BE DEDUCTED FROM THE AMOUNT AWARDED FOR LOST WAGES.  BEFORE INTER-
 IM  EARNINGS  ARE DEDUCTED FROM LOST WAGES, THERE SHALL BE DEDUCTED FROM
 THE INTERIM EARNINGS ANY REASONABLE AMOUNTS EXPENDED BY THE EMPLOYEE  IN
 SEARCHING FOR, OBTAINING, OR RELOCATING TO NEW EMPLOYMENT.
   2. FOLLOWING ANY VERDICT OR AWARD IN FAVOR OF THE DISCHARGED EMPLOYEE,
 A  COURT OF COMPETENT JURISDICTION SHALL CONSIDER ANY MONETARY PAYMENTS,
 COMPENSATION OR BENEFITS THE EMPLOYEE RECEIVED ARISING FROM  OR  RELATED
 TO  THE  DISCHARGE, INCLUDING UNEMPLOYMENT COMPENSATION OR BENEFITS, AND
 SHALL DEDUCT THOSE PAYMENTS, COMPENSATION AND BENEFITS FROM  THE  AMOUNT
 AWARDED FOR LOST WAGES BEFORE ENTERING JUDGMENT.
   §  749.  PROBATIONARY  PERIOD.  1. IF AN EMPLOYER DOES NOT ESTABLISH A
 SPECIFIC PROBATIONARY PERIOD OR PROVIDE THAT THERE  IS  NO  PROBATIONARY
 PERIOD  PRIOR  TO  OR  AT  THE TIME THE EMPLOYEE BEGINS WORK, THERE IS A
 PROBATIONARY PERIOD OF ONE MONTH COMMENCING ON  THE  DATE  THE  EMPLOYEE
 BEGINS WORK.
   2.  AN  EMPLOYER MAY EXTEND A PROBATIONARY PERIOD PRIOR TO THE EXPIRA-
 TION OF A PROBATIONARY PERIOD,  BUT  THE  ORIGINAL  PROBATIONARY  PERIOD
 TOGETHER WITH ANY PERIODS OF EXTENSION SHALL NOT EXCEED SIX MONTHS.  THE
 PROBATIONARY PERIOD SHALL NOT BE EXTENDED OR RESTARTED BY DISCHARGING AN
 EMPLOYEE DURING THE PROBATIONARY PERIOD AND REHIRING THE EMPLOYEE WITHIN
 THREE MONTHS AFTER SUCH DISCHARGE.
   3.  IF  AN  EMPLOYEE  HAS  ONE  OR  MORE  LEAVES OF ABSENCE DURING THE
 ORIGINAL PROBATIONARY PERIOD OR ANY EXTENSION OF THE PROBATIONARY  PERI-
 OD,  THE TIME OF EACH LEAVE OF ABSENCE SHALL NOT BE A PART OF THE PROBA-
 TIONARY PERIOD UNLESS THE EMPLOYER AFFIRMATIVELY ELECTS TO INCLUDE  EACH
 LEAVE OF ABSENCE AS PART OF THE PROBATIONARY PERIOD WITH THE AFFIRMATIVE
 WRITTEN CONSENT OF THE EMPLOYEE.
   § 750. LIMITATION OF ACTIONS. 1. AN ACTION UNDER THIS ARTICLE SHALL BE
 FILED WITHIN SIX YEARS AFTER THE DATE OF DISCHARGE.
   2.  IF  AN  EMPLOYER MAINTAINS WRITTEN INTERNAL PROCEDURES, OTHER THAN
 THOSE SPECIFIED IN SECTION SEVEN  HUNDRED  FIFTY-ONE  OF  THIS  ARTICLE,
 UNDER WHICH AN EMPLOYEE MAY APPEAL A DISCHARGE WITHIN THE ORGANIZATIONAL
 STRUCTURE OF THE EMPLOYER, THE EMPLOYEE SHALL FIRST EXHAUST THOSE PROCE-
 DURES PRIOR TO FILING AN ACTION UNDER THIS ARTICLE. THE EMPLOYEE'S FAIL-
 URE TO INITIATE OR EXHAUST AVAILABLE INTERNAL PROCEDURES IS A DEFENSE TO
 AN  ACTION BROUGHT UNDER THIS ARTICLE. IF THE EMPLOYER'S INTERNAL PROCE-
 DURES ARE NOT COMPLETED WITHIN NINETY DAYS FROM THE  DATE  THE  EMPLOYEE
 INITIATES THE INTERNAL PROCEDURES, THE EMPLOYEE MAY FILE AN ACTION UNDER
 THIS  ARTICLE AND FOR PURPOSES OF THIS SUBDIVISION THE EMPLOYER'S INTER-
 NAL PROCEDURES ARE CONSIDERED EXHAUSTED. THE STATUTE OF  LIMITATIONS  IN
 SUBDIVISION  ONE  OF  THIS  SECTION  IS  TOLLED UNTIL THE PROCEDURES ARE
 EXHAUSTED. IN NO CASE MAY THE  PROVISIONS  OF  THE  EMPLOYER'S  INTERNAL
 PROCEDURES  EXTEND  THE  LIMITATION  PERIOD  IN  SUBDIVISION ONE OF THIS
 SECTION MORE THAN ONE HUNDRED TWENTY DAYS.
   3. IF THE EMPLOYER MAINTAINS WRITTEN INTERNAL PROCEDURES  UNDER  WHICH
 AN  EMPLOYEE  MAY APPEAL A DISCHARGE WITHIN THE ORGANIZATIONAL STRUCTURE
 OF THE EMPLOYER, THE EMPLOYER SHALL WITHIN FOURTEEN DAYS OF THE DATE  OF
 THE  DISCHARGE  NOTIFY  THE  DISCHARGED EMPLOYEE IN WRITING OR ELECTRON-
 ICALLY OF THE EXISTENCE OF THE INTERNAL PROCEDURES.  THE  TIMEFRAME  FOR
 THE  EMPLOYEE TO INITIATE THE PROCEDURES, IF ANY, BEGINS TO RUN FROM THE
 S. 5459                             4
 
 DATE THE EMPLOYER SENDS OR PROVIDES A COPY OF THE INTERNAL PROCEDURES IN
 WRITING OR ELECTRONICALLY. A COPY OF THE PROCEDURES SHALL BE  CONSIDERED
 PROVIDED TO THE EMPLOYEE, IF THE EMPLOYER SENDS A COPY OF THE PROCEDURES
 TO THE EMPLOYEE'S LAST-KNOWN POSTAL MAILING ADDRESS AND ELECTRONIC MAIL-
 ING  ADDRESS,  IF  PROVIDED, OR THE EMPLOYEE'S ATTORNEY. IF THE EMPLOYER
 FAILS TO COMPLY WITH THIS SUBDIVISION, THE DISCHARGED EMPLOYEE NEED  NOT
 COMPLY WITH SUBDIVISION TWO OF THIS SECTION.
   4.  IF  A  PLAINTIFF  COMMENCES  A CIVIL ACTION FOR WRONGFUL DISCHARGE
 UNDER THIS ARTICLE, THE PLAINTIFF SHALL MAKE SERVICE OF PROCESS PURSUANT
 TO SECTION THREE HUNDRED SIX-B OF THE CIVIL PRACTICE LAW AND RULES AFTER
 FILING THE COMPLAINT. IF THE PLAINTIFF FAILS TO MAKE SERVICE OF PROCESS,
 THE COURT, ON MOTION OR ON ITS OWN INITIATIVE, SHALL DISMISS THE  ACTION
 WITHOUT  PREJUDICE  AS  TO A DEFENDANT UNLESS THAT DEFENDANT HAS MADE AN
 APPEARANCE IN THE CIVIL ACTION. IF THE PLAINTIFF FAILS TO  MAKE  SERVICE
 OF  PROCESS,  THE  REMAINING SIX-YEAR STATUTE OF LIMITATIONS FOR A CIVIL
 ACTION UNDER THIS ARTICLE RESUMES REGARDLESS OF WHETHER THE CIVIL ACTION
 IS DISMISSED.
   § 751. EXEMPTIONS. 1. THIS ARTICLE DOES NOT APPLY TO A DISCHARGE:
   (A) THAT IS SUBJECT  TO  ANY  OTHER  STATE  OR  FEDERAL  STATUTE  THAT
 PROVIDES  A PROCEDURE OR REMEDY FOR CONTESTING THE DISPUTE. THE STATUTES
 INCLUDE THOSE THAT PROHIBIT DISCHARGE FOR FILING COMPLAINTS, CHARGES, OR
 CLAIMS WITH ADMINISTRATIVE BODIES OR THAT  PROHIBIT  UNLAWFUL  DISCRIMI-
 NATION  BASED ON AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
 PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL STATUS,  MARITAL  STATUS,
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE AND OTHER SIMILAR GROUNDS; OR
   (B)  OF  AN EMPLOYEE COVERED BY A WRITTEN COLLECTIVE BARGAINING AGREE-
 MENT OR A WRITTEN CONTRACT OF EMPLOYMENT FOR A SPECIFIC TERM.
   2. FOR THE PURPOSES OF THIS SECTION, A "CONTRACT OF EMPLOYMENT  FOR  A
 SPECIFIC  TERM"  MAY  CONTAIN  A PROBATIONARY PERIOD PURSUANT TO SECTION
 SEVEN HUNDRED FORTY-NINE OF THIS ARTICLE AND MAY  CONTAIN  AN  AUTOMATIC
 RENEWAL  CLAUSE THAT AUTOMATICALLY RENEWS THE CONTRACT OF EMPLOYMENT FOR
 ONE OR MORE SUCCESSIVE TERMS.
   § 752. ARBITRATION. 1. A PARTY MAY MAKE A WRITTEN OFFER TO ARBITRATE A
 DISPUTE THAT OTHERWISE COULD BE ADJUDICATED UNDER THIS ARTICLE.
   2. AN OFFER TO ARBITRATE SHALL BE IN WRITING AND CONTAIN THE FOLLOWING
 PROVISIONS:
   (A) A NEUTRAL ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OR,  IN
 THE  ABSENCE OF AGREEMENT, PURSUANT TO ARTICLE SEVENTY-FIVE OF THE CIVIL
 PRACTICE LAW AND RULES.
   (B) THE ARBITRATION SHALL BE CONDUCTED PURSUANT  TO  ARTICLE  SEVENTY-
 FIVE OF THE CIVIL PRACTICE LAW AND RULES. IF THERE IS A CONFLICT BETWEEN
 THE  PROVISIONS  OF  ARTICLE  SEVENTY-FIVE OF THE CIVIL PRACTICE LAW AND
 RULES AND THE PROVISIONS OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE
 SHALL APPLY.
   (C) THE ARBITRATOR IS BOUND BY THIS ARTICLE.
   3. IF A COMPLAINT IS FILED UNDER THIS ARTICLE, THE OFFER TO  ARBITRATE
 SHALL  BE  MADE WITHIN SIXTY DAYS AFTER SERVICE OF THE COMPLAINT AND MAY
 BE ACCEPTED IN WRITING WITHIN THIRTY DAYS AFTER THE DATE  THE  OFFER  IS
 MADE.
   4.  A DISCHARGED EMPLOYEE WHO MAKES A VALID OFFER TO ARBITRATE THAT IS
 ACCEPTED BY THE EMPLOYER AND WHO PREVAILS IN SUCH ARBITRATION  SHALL  BE
 ENTITLED  TO HAVE THE ARBITRATOR'S FEE AND ALL COSTS OF ARBITRATION PAID
 BY THE EMPLOYER.
   5. IF A VALID OFFER TO ARBITRATE IS MADE AND ACCEPTED, ARBITRATION  IS
 THE  EXCLUSIVE REMEDY FOR THE WRONGFUL DISCHARGE DISPUTE AND THERE IS NO
 S. 5459                             5
 
 RIGHT  TO  BRING  OR  CONTINUE  A  LAWSUIT  UNDER  THIS   ARTICLE.   THE
 ARBITRATOR'S  AWARD  IS  FINAL  AND  BINDING,  SUBJECT  TO REVIEW OF THE
 ARBITRATOR'S DECISION UNDER THE PROVISIONS OF  ARTICLE  SEVENTY-FIVE  OF
 THE  CIVIL  PRACTICE LAW AND RULES.  HOWEVER, THIS SUBDIVISION SHALL NOT
 APPLY IF THE EMPLOYER MAINTAINS WRITTEN INTERNAL PROCEDURES THAT REQUIRE
 ARBITRATION UNDER SUBDIVISION TWO OF SECTION SEVEN HUNDRED FIFTY OF THIS
 ARTICLE.
   § 753. EFFECT OF REJECTION OF OFFER  TO  ARBITRATE.  IF  A  DISCHARGED
 EMPLOYEE  MAKES  A  VALID OFFER TO ARBITRATE THAT IS NOT ACCEPTED BY THE
 EMPLOYER AND SUCH DISCHARGED EMPLOYEE PREVAILS IN AN ACTION  UNDER  THIS
 ARTICLE  SUCH DISCHARGED EMPLOYEE SHALL BE ENTITLED TO REASONABLE ATTOR-
 NEYS' FEES INCURRED SUBSEQUENT TO THE DATE OF THE OFFER.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by   any court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair,  or  invalidate the remainder thereof, but shall  be confined in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted even  if   such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.

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Anonymous

1 year ago

I feel this Bill is Crucial, as the Counties North of Rockland, go unmonitored. Employers are not held accountable for Violating Labor & Safety Laws. Unfortunately, Local Governments Leaders of the multiple small towns have no knowledge either. Also, Resources are Few, unlike NYC & the Boroughs. Lastly the Majority are Employees at Will.. Unions are not easily acquired.

Anonymous

1 year ago

I don’t think it’s a good idea for employers or employees to lose freedom to leave their job or get rid of bad workers. It just makes the whole process more expensive and complicated — many fear this will be used to trap people in their jobs. It would be better just to require employment agreements so low income workers can agree to terms and severance if they are let go. All this does is create more work for lawyers.

Anonymous

1 year ago

Not a good bill. Current law allows for free choice by employer and employee. This just traps both sides in unfavorable situations. Just fix the employment contract and require severance payments. This is just more make work for lawyers.

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Senate Bill S5459

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

2023-S5459 (ACTIVE) - Details

2023-S5459 (ACTIVE) - Summary

2023-S5459 (ACTIVE) - Sponsor Memo

2023-S5459 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5459

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Labor Committee

co-Sponsors

Leroy Comrie

Julia Salazar

2023-S5459 (ACTIVE) - Details

2023-S5459 (ACTIVE) - Summary

2023-S5459 (ACTIVE) - Sponsor Memo

2023-S5459 (ACTIVE) - Bill Text download pdf

Comments