S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8215
 
                             I N  S E N A T E
 
                             January 12, 2024
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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  protections  and  rights
   afforded to delivery network company workers
 
   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  21-B  to
 read as follows:
                                ARTICLE 21-B
                         DELIVERY NETWORK COMPANIES
 SECTION 790. DEFINITIONS.
         790-A. DEACTIVATION REQUIREMENTS.
         790-B. RIGHT TO CHALLENGE DEACTIVATION.
         790-C. NOTICE OF DEACTIVATION.
         790-D. ACCESS TO RECORDS SUBSTANTIATING DEACTIVATION.
         790-E. AFFIRMATIVE PRODUCTION OF RECORDS.
         790-F. NOTICE OF RIGHTS.
         790-G. NETWORK COMPANY RECORDS.
         790-H. RETALIATION PROHIBITED.
         790-I. RULEMAKING AUTHORITY.
         790-J. ENFORCEMENT POWER AND DUTIES.
         790-K. VIOLATION.
         790-L. INVESTIGATION.
   §  790.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ADVERSE ACTION" MEANS REDUCING COMPENSATION;  GARNISHING  TIPS  OR
 GRATUITIES;  TEMPORARILY  OR  PERMANENTLY  DENYING OR LIMITING ACCESS TO
 WORK, INCENTIVES, OR BONUSES; OFFERING LESS DESIRABLE WORK; TERMINATING;
 DEACTIVATING; THREATENING; PENALIZING; RETALIATING; ENGAGING  IN  UNFAIR
 IMMIGRATION-RELATED  PRACTICES;  FILING A FALSE REPORT WITH A GOVERNMENT
 AGENCY; OR DISCRIMINATING AGAINST ANY PERSON FOR ANY REASON.
   2. "DEACTIVATE" OR "DEACTIVATION" MEANS THE BLOCKING OF A DNC WORKER'S
 ACCESS TO A DNC'S DIGITAL NETWORK, PROHIBITING A DNC WORKER FROM ACCEPT-
 ING ANY FUTURE DNC ORDERS FOR SUCH DNC, OR OTHER MATERIAL RESTRICTION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13223-01-3
 S. 8215                             2
 
 A DNC WORKER'S ACCESS TO SUCH DNC'S DIGITAL NETWORK. THE  TERM  "DEACTI-
 VATION"  SHALL  NOT  INCLUDE  A  TEMPORARY  SUSPENSION LASTING LESS THAN
 FORTY-EIGHT HOURS.
   3. "DEACTIVATION POLICY" MEANS A DNC'S POLICY FOR MEASURES TO BE TAKEN
 PRIOR  TO IMPLEMENTING THE DEACTIVATION OF A DNC WORKER ADOPTED PURSUANT
 TO SUBDIVISION ONE OF SECTION SEVEN HUNDRED NINETY-A OF THIS ARTICLE.
   4. "DEACTIVATION CHALLENGE PROCEDURE" MEANS A PROCEDURE UNDER WHICH  A
 DNC  WORKER MAY CHALLENGE THEIR DEACTIVATION UNDER SECTION SEVEN HUNDRED
 NINETY-B OF THIS ARTICLE.
   5. (A) "DELIVERY NETWORK COMPANY" OR  "DNC"  MEANS  A  PERSON,  CORPO-
 RATION,  PARTNERSHIP, SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS OPER-
 ATING IN NEW YORK STATE EXCLUSIVELY USING A DIGITAL NETWORK  TO  CONNECT
 DNC  CUSTOMERS  WITH  DNC  WORKERS  WHO  PROVIDE  DELIVERY FOR ORDERS OF
 PRODUCTS MADE VIA A DIGITAL NETWORK.
   (B) "DELIVERY NETWORK COMPANY" SHALL NOT INCLUDE:
   (I) A TRANSPORTATION NETWORK COMPANY, AS DEFINED  BY  SECTION  SIXTEEN
 HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW; OR
   (II)  A  RESTAURANT,  OR  RESTAURANT  CHAIN, THAT ENABLES CUSTOMERS TO
 PLACE ORDERS FOR FOOD USING A DIGITAL NETWORK THAT WAS  CREATED  SPECIF-
 ICALLY FOR USE BY CUSTOMERS OF SUCH RESTAURANT OR RESTAURANT CHAIN.
   6.  "DELIVERY  NETWORK  COMPANY  CUSTOMER"  OR "DNC CUSTOMER" MEANS AN
 INDIVIDUAL OR OTHER ENTITY WHO USES A DELIVERY NETWORK COMPANY'S DIGITAL
 NETWORK TO REQUEST A DNC ORDER.
   7. "DELIVERY NETWORK COMPANY ORDER" OR "DNC ORDER"  MEANS  THE  PICKUP
 AND  DELIVERY  OF PRODUCTS BY A DNC WORKER TO A DNC CUSTOMER THROUGH THE
 USE OF A DNC'S DIGITAL NETWORK:
   (A) BEGINNING WHEN A DNC WORKER ACCEPTS A DNC CUSTOMER'S  REQUEST  FOR
 SUCH PICKUP AND DELIVERY OF SUCH PRODUCTS THROUGH SUCH DIGITAL NETWORK;
   (B) CONTINUING WHILE THE DNC WORKER TRANSPORTS SUCH PRODUCTS; AND
   (C)  ENDING  WHEN  THE  DNC  WORKER DELIVERS SUCH PRODUCTS TO SUCH DNC
 CUSTOMER, OR TO SUCH DNC CUSTOMER'S REQUESTED DELIVERY LOCATION.
   8. "DELIVERY NETWORK COMPANY WORKER" OR "DNC WORKER" MEANS AN INDIVID-
 UAL WHO HAS ENTERED INTO AN AGREEMENT WITH A DNC TO PICKUP  AND  DELIVER
 DNC ORDERS FOR COMPENSATION.
   9.  "DIGITAL  NETWORK" MEANS ANY SYSTEM OR SERVICE OFFERED OR UTILIZED
 BY A DELIVERY NETWORK COMPANY THAT ENABLES DNC ORDERS TO BE DELIVERED BY
 DNC WORKERS, INCLUDING BUT NOT LIMITED TO A  SMARTPHONE  APPLICATION  OR
 ONLINE WEBSITE.
   10.  "DISCRIMINATION"  MEANS  ANY OF THE UNLAWFUL DISCRIMINATORY PRAC-
 TICES DESCRIBED IN SECTION TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW.
   11. "EGREGIOUS MISCONDUCT" MEANS AN ACTION OR BEHAVIOR BY A DNC WORKER
 THAT: (A) ENDANGERS THE PHYSICAL SAFETY  OF  A  DNC  CUSTOMER,  A  THIRD
 PARTY,  A DNC, OR AN ANIMAL; (B) INTENTIONALLY CAUSES ECONOMIC HARM TO A
 DNC CUSTOMER, A THIRD PARTY, OR A DNC; (C) IS THREATENING, HARASSING, OR
 ABUSIVE TO A DNC CUSTOMER, A THIRD PARTY, OR A DNC; OR (E) CONSTITUTES A
 MISDEMEANOR OR FELONY UNDER THE LAWS OF THIS STATE.
   12. "PRODUCTS" SHALL INCLUDE, BUT NOT BE LIMITED TO,  PREPARED  FOODS,
 PACKAGED FOODS, ALCOHOLIC AND NON-ALCOHOLIC BEVERAGES, AND OTHER GOODS.
   13.  "UNWARRANTED DEACTIVATION" SHALL MEAN A DEACTIVATION IN VIOLATION
 OF SECTION SEVEN HUNDRED NINETY-A OF THIS ARTICLE.
   § 790-A. DEACTIVATION REQUIREMENTS.  1.  A  DELIVERY  NETWORK  COMPANY
 SHALL  ADOPT A POLICY FOR MEASURES TO BE TAKEN PRIOR TO IMPLEMENTING THE
 DEACTIVATION OF A DNC WORKER. SUCH POLICY SHALL BE REASONABLY RELATED TO
 SUCH DNC'S SAFE AND EFFICIENT OPERATIONS. POLICIES INCLUDING ANY OF  THE
 FOLLOWING SHALL NOT BE IN COMPLIANCE WITH THIS SUBDIVISION:
 S. 8215                             3
 
   (A)  ANY RULE OR POLICY THAT WOULD RESULT IN A DEACTIVATION BASED ON A
 DNC WORKER'S AVAILABILITY TO WORK OR NUMBER OF HOURS WORKED;
   (B)  ANY  POLICY  THAT  WOULD  RESULT IN A DEACTIVATION BASED ON A DNC
 WORKER'S ACCEPTANCE OR REJECTION OF ANY INDIVIDUAL  DNC  ORDER,  OR  ANY
 NUMBER OR PROPORTION OF DNC ORDERS;
   (C)  ANY  POLICY  THAT  WOULD  RESULT IN A DEACTIVATION BASED ON A DNC
 WORKER'S CANCELLATION OF A DNC ORDER WITH REASONABLE CAUSE, AS SHALL  BE
 DEFINED BY SUCH DNC;
   (D)  ANY  POLICY  THAT  WOULD  RESULT IN A DEACTIVATION BASED ON A DNC
 WORKER CONTACTING SUCH DNC;
   (E) ANY POLICY THAT WOULD RESULT IN A DEACTIVATION BASED SOLELY  ON  A
 QUANTITATIVE  METRIC  DERIVED  FROM  AGGREGATE CUSTOMER RATINGS OF A DNC
 WORKER'S PERFORMANCE;
   (F) ANY POLICY THAT WOULD RESULT IN A DEACTIVATION BASED ON STATEMENTS
 BY A DNC WORKER REGARDING COMPENSATION AND/OR WORKING CONDITIONS MADE TO
 CUSTOMERS, OTHER DNC WORKERS, OTHER DNCS, THE MEDIA,  PUBLIC  OFFICIALS,
 AND/OR THE PUBLIC; OR
   (G)  ANY  POLICY  THAT  WOULD  RESULT IN A DEACTIVATION BASED ON A DNC
 WORKER ASSERTING THEIR LEGAL RIGHTS.
   2. A DELIVERY NETWORK COMPANY SHALL PROVIDE EACH DNC WORKER A COPY  OF
 ITS  DEACTIVATION  POLICY  BEFORE ALLOWING SUCH DNC WORKER TO ACCEPT ANY
 DNC ORDERS FOR SUCH DNC. SUCH DEACTIVATION POLICY SHALL  BE  WRITTEN  IN
 PLAIN  LANGUAGE  IN  THE LANGUAGE SELECTED BY THE DNC WORKER AS SUCH DNC
 WORKER'S PRIMARY LANGUAGE. SUCH DEACTIVATION POLICY SHALL BE MADE AVAIL-
 ABLE TO ANY FORMER DNC WORKER OF A DNC FOR  NO  LESS  THAN  THREE  YEARS
 AFTER DEACTIVATION OF SUCH DNC WORKER.
   3.  A  DELIVERY  NETWORK  COMPANY  SHALL  CONDUCT A FAIR AND OBJECTIVE
 INVESTIGATION, AS DETERMINED BY THE COMMISSIONER, PRIOR TO  THE  DEACTI-
 VATION OF ANY DNC WORKER. SUCH INVESTIGATION SHALL BE SUFFICIENTLY THOR-
 OUGH  TO  JUSTIFY  SUCH  DEACTIVATION  AND  DEMONSTRATE  AN UNBIASED AND
 NEUTRAL VIEW OF FACTS COLLECTED. IF SUCH DNC WORKER REFUSES  TO  PARTIC-
 IPATE  IN  SUCH  INVESTIGATION OR PROVIDE RELEVANT INFORMATION, SUCH DNC
 MAY COMPLETE SUCH INVESTIGATION BASED ON AVAILABLE SOURCES  OF  INFORMA-
 TION. SUCH DNC SHALL DEMONSTRATE BY A PREPONDERANCE OF THE EVIDENCE THAT
 SUCH DNC WORKER VIOLATED SUCH DNC'S DEACTIVATION POLICY PRIOR TO DEACTI-
 VATION  OF SUCH DNC WORKER. A DNC SHALL APPLY ITS DEACTIVATION POLICY IN
 A CONSISTENT MANNER.
   4. DEACTIVATION OF A DNC WORKER BY A DNC SHALL BE IN VIOLATION OF THIS
 ARTICLE IF SUCH DEACTIVATION IS INTENDED  TO  OR  RESULTS  IN  DISCRIMI-
 NATION.
   5.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, A DELIVERY NETWORK
 COMPANY SHALL BE AUTHORIZED TO IMMEDIATELY DEACTIVATE A  DNC  WORKER  IF
 SUCH  DEACTIVATION IS REQUIRED TO COMPLY WITH ANY APPLICABLE COURT ORDER
 OR LOCAL, STATE, OR FEDERAL LAW OR REGULATION, OR WHERE SUCH DNC  WORKER
 HAS ENGAGED IN EGREGIOUS MISCONDUCT. IN THE CASE OF EGREGIOUS MISCONDUCT
 BY  A DNC WORKER, A DNC MAY DEACTIVATE SUCH DNC WORKER BEFORE CONDUCTING
 THE  INVESTIGATION  REQUIRED  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
 SECTION.   IN SUCH A CASE, SUCH INVESTIGATION SHALL NOT TAKE LONGER THAN
 FOURTEEN DAYS. IF SUCH INVESTIGATION IS  DELAYED  DUE  TO  EXTRAORDINARY
 CIRCUMSTANCES,  SUCH  DNC  SHALL  PROVIDE  SUCH  DNC WORKER WITH WRITTEN
 NOTICE THAT SUCH INVESTIGATION IS DELAYED, THE REASON  FOR  SUCH  DELAY,
 AND  THE  DATE  ON  WHICH THE COMPLETION OF SUCH INVESTIGATION IS ANTIC-
 IPATED.
   § 790-B. RIGHT TO CHALLENGE DEACTIVATION. 1. A DELIVERY NETWORK COMPA-
 NY SHALL NOT SUBJECT A DNC WORKER TO AN UNWARRANTED DEACTIVATION.
 S. 8215                             4
 
   2. A DNC WORKER SHALL HAVE THE RIGHT TO CHALLENGE  THEIR  DEACTIVATION
 THROUGH AN INTERNAL DEACTIVATION CHALLENGE PROCEDURE.
   3.  A  DNC  SHALL  CREATE AN INTERNAL DEACTIVATION CHALLENGE PROCEDURE
 THAT SHALL BE AVAILABLE TO DNC WORKERS IMMEDIATELY  UPON  THEIR  DEACTI-
 VATION, AND UP TO NINETY DAYS AFTER SUCH DEACTIVATION.
   4.  A DNC'S DEACTIVATION CHALLENGE PROCEDURE SHALL BE AVAILABLE TO ITS
 DNC WORKERS IN WRITING, IN A FORMAT THAT IS READILY ACCESSIBLE,  AND  IN
 ENGLISH  AND  ANY  LANGUAGE THAT SUCH DNC KNOWS OR HAS REASON TO KNOW IS
 THE PRIMARY LANGUAGE OF SUCH DNC  WORKER.  SUCH  DEACTIVATION  CHALLENGE
 PROCEDURE  SHALL  BE AVAILABLE TO DNC WORKERS AND FORMER DNC WORKERS FOR
 UP TO  THREE  YEARS  AFTER  THEIR  DEACTIVATION.  THE  COMMISSIONER  MAY
 PRESCRIBE  THE  FORM AND CONTENT OF A DNCS DEACTIVATION CHALLENGE PROCE-
 DURES.
   5. A DNC SHALL REVIEW AND RESPOND TO A DNC WORKER'S CHALLENGE TO DEAC-
 TIVATION WITHIN FOURTEEN DAYS OF RECEIVING SUCH CHALLENGE. SUCH RESPONSE
 SHALL INCLUDE A WRITTEN STATEMENT THAT SHALL INCLUDE AT LEAST ONE OF THE
 FOLLOWING:
   (A)  EVIDENTIARY  SUBSTANTIATION  OF  SUCH  DEACTIVATION  PURSUANT  TO
 SECTION   SEVEN  HUNDRED  NINETY-D  OF  THIS  ARTICLE,  AND  SUBSTANTIVE
 RESPONSES TO QUESTIONS OR CLAIMS MADE BY SUCH DNC WORKER IN  SUCH  CHAL-
 LENGE;
   (B)  ANY  EXTRAORDINARY CIRCUMSTANCES NECESSITATING A DELAYED TIMELINE
 FOR RESPONSE, AND AN ANTICIPATED DATE FOR A RESPONSE EITHER SUBSTANTIAT-
 ING SUCH DEACTIVATION OR REINSTATING SUCH DNC WORKER; OR
   (C) A DETERMINATION THAT SUCH DNC WORKER DID  NOT  VIOLATE  THE  DNC'S
 DEACTIVATION POLICY AND THEREFORE SHALL BE REINSTATED.
   6. IN ADDITION TO PURSUING AN INTERNAL CHALLENGE TO DEACTIVATION UNDER
 THIS  SECTION,  A DNC WORKER SHALL HAVE A RIGHT TO FILE A COMPLAINT WITH
 THE DEPARTMENT OR BRING A CIVIL ACTION FOR VIOLATION OF THE REQUIREMENTS
 OF THIS ARTICLE UPON RECEIVING THE DNC'S INITIAL RESPONSE TO AN INTERNAL
 CHALLENGE, OR FOURTEEN DAYS AFTER INITIATING SUCH  CHALLENGE,  WHICHEVER
 COMES  FIRST.  A  DNC  WORKER MAY PURSUE ALL AVENUES OF RELIEF AVAILABLE
 WITHIN THREE YEARS OF THE ALLEGED VIOLATION, OR AS  TOLLED  PURSUANT  TO
 SECTION SEVEN HUNDRED NINETY-L OF THIS ARTICLE.
   §  790-C. NOTICE OF DEACTIVATION. 1. EXCEPT AS PROVIDED UNDER SUBDIVI-
 SION THREE OF THIS SECTION, A DELIVERY NETWORK COMPANY SHALL  PROVIDE  A
 DNC  WORKER  WITH  A  NOTICE OF DEACTIVATION NO LATER THAN FOURTEEN DAYS
 PRIOR TO SUCH DEACTIVATION, AS WELL AS ON THE DATE OF SUCH DEACTIVATION.
 SUCH NOTICE OF DEACTIVATION SHALL INCLUDE A  WRITTEN  STATEMENT  OF  THE
 FOLLOWING:
   (A) THE REASONS FOR SUCH DEACTIVATION;
   (B) THE EFFECTIVE DATE OF SUCH DEACTIVATION;
   (C)  ANY AND ALL RECORDS RELIED UPON TO SUBSTANTIATE SUCH DEACTIVATION
 PURSUANT TO SECTION SEVEN HUNDRED NINETY-D OF THIS ARTICLE;
   (D) THE LENGTH OF SUCH DEACTIVATION;
   (E) A DESCRIPTION OF THE STEPS SUCH DNC WORKER CAN TAKE TO REMEDY SUCH
 DEACTIVATION;
   (F) A NOTICE OF SUCH DNC WORKER'S RIGHT TO CHALLENGE SUCH DEACTIVATION
 UNDER SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE; AND
   (G) ANY OTHER INFORMATION REQUIRED BY THE COMMISSIONER.
   2. A DNC SHALL PROVIDE NOTICES OF DEACTIVATION IN A  FORM  AND  MANNER
 THAT SHALL BE DESIGNATED BY THE DEPARTMENT.
   3.  FOR  DEACTIVATIONS  INVOLVING  EGREGIOUS  MISCONDUCT,  A DNC SHALL
 PROVIDE THE DNC WORKER WITH A NOTICE OF DEACTIVATION NO LATER  THAN  THE
 EFFECTIVE DATE OF SUCH DEACTIVATION.
 S. 8215                             5
 
   § 790-D. ACCESS TO RECORDS SUBSTANTIATING DEACTIVATION. 1. PURSUANT TO
 SUBDIVISION  THREE  OF  THIS SECTION, UPON NOTICE OF DEACTIVATION, A DNC
 SHALL PROVIDE A DNC WORKER WITH THE RECORDS RELIED UPON BY SUCH  DNC  TO
 SUBSTANTIATE  SUCH  DEACTIVATION,  UNLESS  CONTRARY  TO LOCAL, STATE, OR
 FEDERAL  LAW.  SUCH  RECORDS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE
 DATE, TIME, AND LOCATION OF ALL INCIDENTS SUPPORTING  THE  DECISION  FOR
 SUCH  DEACTIVATION, RECORDS OF ALL EVIDENCE CONSIDERED IN SUCH DECISION,
 AND A CERTIFIED STATEMENT FROM AN INDIVIDUAL AT SUCH DNC WITH  AUTHORITY
 TO  REINSTATE  SUCH DNC WORKER, ATTESTING THAT SUCH RECORDS ARE TRUE AND
 ACCURATE TO SUCH INDIVIDUAL'S KNOWLEDGE.
   2. IF A DNC  OBTAINS  RECORDS  SUBSTANTIATING  A  DEACTIVATION,  AFTER
 IMPLEMENTING  SUCH  DEACTIVATION,  SUCH RECORDS SHALL BE PROVIDED TO THE
 DEACTIVATED DNC WORKER AS SOON AS PRACTICABLE, BUT NO LATER  THAN  FOUR-
 TEEN DAYS FROM THE DATE SUCH RECORDS WERE OBTAINED.
   3.  IF  A DNC WORKER CHALLENGES A DEACTIVATION PURSUANT TO SUBDIVISION
 TWO OF SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE,  ALL  RECORDS  OF
 SUCH  CHALLENGE  AND  ANY RESPONSES SHALL BE PROVIDED TO SUCH DNC WORKER
 WITHIN FOURTEEN DAYS OF SUCH CHALLENGE OR RESPONSE.
   4. IF THE RECORDS SUBSTANTIATING A  DEACTIVATION  INVOLVE  INFORMATION
 RELATED  TO  A  DNC  CUSTOMER  OR  A THIRD PARTY, AND THE DNC REASONABLY
 BELIEVES SUCH INFORMATION COULD COMPROMISE SUCH DNC  CUSTOMER  OR  THIRD
 PARTY'S  SAFETY, SUCH DNC SHALL TAKE MEASURES TO ANONYMIZE SUCH INFORMA-
 TION. IF A COMPLAINT FROM A DNC CUSTOMER OR  THIRD  PARTY  IS  THE  SOLE
 BASIS  FOR  A DEACTIVATION, THE DNC MAY PROVIDE A SUMMARY DESCRIPTION OF
 THE RECORDS  SUBSTANTIATING  SUCH  DEACTIVATION.  THE  COMMISSIONER  MAY
 PROMULGATE  RULES  OR  REGULATIONS  REGARDING THE MEASURES THAT SHALL BE
 TAKEN TO SUMMARIZE RECORDS PURSUANT TO THIS SUBDIVISION.
   5. DNCS SHALL ESTABLISH AN ACCESSIBLE SYSTEM FOR DNC WORKERS TO ACCESS
 THEIR RECEIPTS FOR EACH DNC ORDER ACCEPTED, PERFORMED, AND/OR  CANCELLED
 BY  SUCH  DNC  WORKER.  SUCH  RECEIPTS SHALL BE ACCESSIBLE ON SUCH DNC'S
 DIGITAL NETWORK. SUCH RECEIPTS SHALL BE AVAILABLE TO A DNC WORKER FOR NO
 LESS THAN THREE YEARS AFTER DEACTIVATION.
   6. DNCS SHALL RETAIN THE RECORDS REQUIRED BY THIS SECTION FOR NO  LESS
 THAN THREE YEARS.
   7.  IF  A  DNC  FAILS  TO DISCLOSE ADEQUATE RECORDS TO A DNC WORKER AS
 REQUIRED UNDER THIS SECTION, THERE SHALL BE A PRESUMPTION, REBUTTABLE BY
 CLEAR AND CONVINCING EVIDENCE, THAT SUCH DNC VIOLATED THIS  ARTICLE  FOR
 THE  RELEVANT  PERIODS AND FOR EACH DNC WORKER FOR WHOM RECORDS WERE NOT
 DISCLOSED IN A TIMELY MANNER.
   § 790-E. AFFIRMATIVE PRODUCTION OF RECORDS. 1. EACH  DELIVERY  NETWORK
 COMPANY  SHALL  AFFIRMATIVELY TRANSMIT TO THE DEPARTMENT SUCH RECORDS AS
 SHALL BE REQUIRED BY THE COMMISSIONER, ON AT  LEAST  A  QUARTERLY  BASIS
 BEGINNING  AT THE END OF THE FIRST QUARTER NEXT SUCCEEDING THE EFFECTIVE
 DATE OF THIS SECTION, UNTIL JULY FIRST, TWO THOUSAND  TWENTY-SEVEN,  AND
 AT  LEAST  ONCE EVERY SIX MONTHS THEREAFTER. THE COMMISSIONER SHALL HAVE
 THE AUTHORITY TO REQUIRE SUCH AGGREGATED OR DISAGGREGATED RECORDS DEEMED
 NECESSARY, APPROPRIATE,  OR  CONVENIENT  TO  ADMINISTER,  EVALUATE,  AND
 ENFORCE  THE  PROVISIONS  OF  THIS ARTICLE. THE COMMISSIONER MAY REQUIRE
 THAT SUCH RECORDS BE  AGGREGATED  AND  PRODUCED  AS  A  DISTRIBUTION  AT
 DEFINED   PERCENTILES.  THE  COMMISSIONER  MAY  CREATE  DATA  PRODUCTION
 REQUIREMENTS OF GENERAL APPLICABILITY  FOR  ALL  DNCS,  IN  ADDITION  TO
 REQUIREMENTS FOR SPECIFIC CATEGORIES OF DNCS.
   2.  RECORDS FOR PRODUCTION PURSUANT TO SUBDIVISION ONE OF THIS SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) RECORDS REGARDING THE NUMBER OF DEACTIVATIONS INITIATED BY A DNC;
   (B) RECORDS REGARDING THE MOST COMMON REASONS FOR DEACTIVATION;
 S. 8215                             6
 
   (C) THE NUMBER OF DNC WORKERS THAT CHALLENGE THEIR  DEACTIVATION,  AND
 THE FORUM IN WHICH SUCH DNC WORKERS PURSUE SUCH CHALLENGES;
   (D)  THE  NUMBER  OF  DNC  WORKERS  REINSTATED AFTER DEACTIVATION, THE
 LENGTH OF SUCH DNC WORKER'S DEACTIVATION PRIOR TO REINSTATEMENT, AND THE
 LENGTH OF SERVICE OF SUCH DNC WORKERS PRIOR TO DEACTIVATION;
   (E) THE DNC'S DEACTIVATION POLICY;
   (F) THE DNC'S INTERNAL DEACTIVATION CHALLENGE PROCEDURE, INCLUDING THE
 AVAILABLE METHODS OF CONTACT FOR DEACTIVATED DNC WORKERS TO  INITIATE  A
 CHALLENGE; AND
   (G)  ANY  OTHER  RECORDS  THE COMMISSIONER DETERMINES ARE MATERIAL AND
 NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
   3. THE COMMISSIONER SHALL ISSUE REQUIREMENTS GOVERNING THE  SUBMISSION
 FORMAT,  SECURITY,  AND  PRIVACY PROTOCOLS RELATING TO THE SUBMISSION OF
 DNC RECORDS.
   § 790-F. NOTICE OF RIGHTS. 1. A DNC  SHALL  AFFIRMATIVELY  PROVIDE  TO
 EACH  DNC WORKER A WRITTEN NOTICE OF THEIR RIGHTS ESTABLISHED UNDER THIS
 ARTICLE. THE DEPARTMENT MAY CREATE AND DISTRIBUTE A MODEL OF SUCH NOTICE
 OF RIGHTS IN ENGLISH AND OTHER LANGUAGES. SUCH NOTICE OF RIGHTS SHALL BE
 PROVIDED IN A FORM AND MANNER SUFFICIENT TO INFORM DNC WORKERS OF  THEIR
 RIGHTS UNDER THIS ARTICLE.
   2.  DNCS  SHALL AFFIRMATIVELY PROVIDE EACH DNC WORKER WITH THE WRITTEN
 NOTICE OF RIGHTS REQUIRED UNDER SUBDIVISION ONE OF THIS  SECTION  WITHIN
 ONE  MONTH  OF  THE  EFFECTIVE DATE OF THIS ARTICLE, AND FOR DNC WORKERS
 HIRED AFTER THE EFFECTIVE DATE OF THIS ARTICLE, WITHIN TWENTY-FOUR HOURS
 AFTER THE COMPLETION OF SUCH DNC WORKER'S FIRST DNC ORDER THAT  INVOLVED
 PERFORMING SERVICES IN THE STATE.
   3.  DNCS SHALL PROVIDE THE NOTICE OF RIGHTS REQUIRED UNDER SUBDIVISION
 ONE OF THIS SECTION TO EACH DNC WORKER NO LESS THAN ANNUALLY.
   4. THE NOTICE OF RIGHTS REQUIRED TO BE PROVIDED BY A DNC  PURSUANT  TO
 SUBDIVISION  ONE  OF  THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO,
 INFORMATION ON:
   (A) THE RIGHT TO CHALLENGE AN UNWARRANTED  DEACTIVATION  THROUGH  SUCH
 DNC'S  INTERNAL  DEACTIVATION  CHALLENGE  PROCEDURE AND/OR THROUGH OTHER
 AVENUES PURSUANT TO SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE;
   (B) THE POLICY DESCRIBING THE DEACTIVATION CHALLENGE PROCEDURE  PURSU-
 ANT TO SECTION SEVEN HUNDRED NINETY-B OF THIS ARTICLE;
   (C)  THE  RIGHT TO FOURTEEN DAYS' NOTICE OF AN IMPENDING DEACTIVATION,
 EXCEPT IN THE CASE OF EGREGIOUS MISCONDUCT;
   (D) THE RIGHT TO ACCESS ANY AND ALL RECORDS RELIED UPON BY THE DNC  TO
 SUBSTANTIATE  DEACTIVATION PURSUANT TO SECTION SEVEN HUNDRED NINETY-D OF
 THIS ARTICLE;
   (E) THE RIGHT TO BE PROTECTED FROM RETALIATION FOR EXERCISING IN  GOOD
 FAITH THE RIGHTS PROTECTED BY THIS ARTICLE; AND
   (F)  THE  RIGHT  TO  FILE  A COMPLAINT WITH THE DEPARTMENT PURSUANT TO
 SECTION SEVEN HUNDRED NINETY-L OF THIS ARTICLE OR BRING A  CIVIL  ACTION
 FOR VIOLATION OF THE REQUIREMENTS OF THIS ARTICLE.
   5. DNCS SHALL PROVIDE THE NOTICE OF RIGHTS REQUIRED BY SUBDIVISION ONE
 OF  THIS  SECTION  IN AN ELECTRONIC FORMAT THAT IS READILY ACCESSIBLE TO
 DNC WORKERS. SUCH NOTICE OF RIGHTS SHALL BE MADE AVAILABLE TO DNC  WORK-
 ERS  VIA  SUCH  DNC'S  DIGITAL  NETWORK OR VIA EMAIL, IN ENGLISH AND ANY
 LANGUAGE SUCH DNC KNOWS OR HAS REASON TO KNOW IS THE PRIMARY LANGUAGE OF
 SUCH DNC WORKERS. THE COMMISSIONER MAY  PROMULGATE  RULES  AND/OR  REGU-
 LATIONS  REGARDING  THE  FORM  AND CONTENT OF SUCH NOTICE OF RIGHTS, THE
 MANNER OF ITS DISTRIBUTION, AND REQUIRED LANGUAGES.
   6. DNCS SHALL ESTABLISH AN ACCESSIBLE SYSTEM FOR DNC WORKERS TO UNDER-
 STAND THEIR ELIGIBILITY TO CHALLENGE A DEACTIVATION BASED ON THE  POLICY
 S. 8215                             7

 DEVELOPED  PURSUANT  TO  SECTION SEVEN HUNDRED NINETY-A OF THIS ARTICLE.
 SUCH SYSTEM SHALL BE AVAILABLE TO DNC WORKERS  VIA  SUCH  DNC'S  DIGITAL
 NETWORK.  SUCH SYSTEM SHALL BE AVAILABLE TO DNC WORKERS FOR NO LESS THAN
 THREE  YEARS AFTER DEACTIVATION. THE COMMISSIONER MAY ISSUE RULES DEFIN-
 ING REASONABLE CRITERIA OR REQUIREMENTS FOR SUCH SYSTEM TO  ENSURE  THAT
 DNC  WORKERS  HAVE  SUFFICIENT  INFORMATION  TO UNDERSTAND WHEN THEY ARE
 COVERED BY THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, NOTICE OF COVER-
 AGE BY THIS ARTICLE, THE NUMBER OF DNC ORDERS COMPLETED OR CANCELLED  BY
 SUCH DNC WORKER IN THE PRIOR ONE HUNDRED EIGHTY DAYS, AND SUCH DNC WORK-
 ER'S RECEIPTS AND/OR PAYMENT DISCLOSURES FOR EACH DNC ORDER PERFORMED OR
 CANCELLED IN THE PRIOR ONE HUNDRED EIGHTY DAYS.
   §  790-G. NETWORK COMPANY RECORDS. 1. A DELIVERY NETWORK COMPANY SHALL
 RETAIN RECORDS THAT DOCUMENT COMPLIANCE WITH THIS ARTICLE FOR  EACH  DNC
 WORKER, INCLUDING, AT A MINIMUM, A COMPLIANCE FILE FOR EACH DEACTIVATION
 OF  A  DNC  WORKER. THE COMMISSIONER MAY MAKE REQUIREMENTS REGARDING THE
 FORM, FORMAT, AND CONTENT OF SUCH RECORDS. THE COMPLIANCE FILE FOR  EACH
 DEACTIVATION OF A DNC WORKER REQUIRED PURSUANT TO THIS SUBDIVISION SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  THE  DEACTIVATION  NOTICE PROVIDED TO SUCH DNC WORKER PURSUANT TO
 SECTION SEVEN HUNDRED NINETY-C OF THIS ARTICLE;
   (B) THE DATE OF COMPLETION OF INVESTIGATION;
   (C) WHETHER SUCH DEACTIVATION INVOLVED EGREGIOUS MISCONDUCT,  AND,  IF
 SO, THE EGREGIOUS MISCONDUCT AT ISSUE;
   (D) WHETHER SUCH DEACTIVATION WAS THE RESULT OF DISCRIMINATION;
   (E)  THE  NUMBER OF DNC ORDERS COMPLETED BY SUCH DNC WORKER IN THE ONE
 HUNDRED EIGHTY DAYS PRIOR TO SUCH DEACTIVATION;
   (F) THE DATE OF ANY DEACTIVATION CHALLENGE MADE BY SUCH DNC WORKER, IF
 SUCH A CHALLENGE WAS MADE;
   (G) ALL RESPONSES MADE BY SUCH DNC TO A DEACTIVATION CHALLENGE MADE BY
 SUCH DNC WORKER, IF SUCH A CHALLENGE WAS MADE; AND
   (H) ANY OTHER RECORDS THE COMMISSIONER SHALL REQUIRE.
   2. A DNC SHALL RETAIN THE RECORDS REQUIRED UNDER  SUBDIVISION  ONE  OF
 THIS SECTION FOR NO LESS THAN THREE YEARS.
   3.  IF  A  DNC  FAILS  TO  RETAIN ADEQUATE RECORDS REQUIRED UNDER THIS
 SECTION, THERE SHALL BE A PRESUMPTION, REBUTTABLE BY CLEAR AND  CONVINC-
 ING  EVIDENCE, THAT SUCH DNC VIOLATED THE PROVISIONS OF THIS ARTICLE FOR
 THE RELEVANT PERIODS AND FOR EACH DNC WORKER FOR WHOM RECORDS  WERE  NOT
 RETAINED.
   § 790-H. RETALIATION PROHIBITED. 1. NO DNC, OR ANY OTHER PERSON ACTING
 ON  BEHALF OF SUCH DNC, SHALL INTERFERE WITH, RESTRAIN, DENY, OR ATTEMPT
 TO DENY THE EXERCISE OF ANY RIGHT PROTECTED UNDER THIS ARTICLE.
   2. NO DNC SHALL TAKE ANY ADVERSE ACTION  AGAINST  ANY  PERSON  BECAUSE
 SUCH  PERSON HAS EXERCISED IN GOOD FAITH THE RIGHTS PROTECTED UNDER THIS
 ARTICLE, OR BECAUSE SUCH PERSON HAS:
   (A) MADE INQUIRIES ABOUT THE RIGHTS PROTECTED UNDER THIS ARTICLE;
   (B) INFORMED OTHERS ABOUT THEIR RIGHTS UNDER THIS ARTICLE;
   (C) INFORMED SUCH DNC, LEGAL COUNSEL, A UNION OR OTHER SIMILAR  ORGAN-
 IZATION, OR ANY OTHER PERSON ABOUT AN ALLEGED VIOLATION OF THIS ARTICLE;
   (D)  FILED AN ORAL OR WRITTEN COMPLAINT WITH THE DEPARTMENT OR BROUGHT
 A CIVIL ACTION FOR AN ALLEGED VIOLATION OF THIS ARTICLE;
   (E) COOPERATED WITH THE DEPARTMENT IN AN INVESTIGATION OF  AN  ALLEGED
 VIOLATION OF THIS ARTICLE;
   (F) TESTIFIED IN A PROCEEDING UNDER OR RELATED TO THIS ARTICLE; OR
   (G)  REFUSED  TO  PARTICIPATE  IN  AN  ACTIVITY THAT WOULD RESULT IN A
 VIOLATION OF THIS ARTICLE OR OF ANY LOCAL STATE, OR FEDERAL LAW.
 S. 8215                             8
 
   3. NO DNC SHALL COMMUNICATE TO A PERSON EXERCISING THEIR RIGHTS  UNDER
 THIS  ARTICLE,  DIRECTLY  OR  INDIRECTLY,  THE  WILLINGNESS  TO INFORM A
 GOVERNMENT WORKER THAT SUCH PERSON IS NOT LAWFULLY IN THE UNITED STATES,
 OR TO REPORT, OR TO MAKE AN IMPLIED OR EXPRESS ASSERTION OF  A  WILLING-
 NESS  TO  REPORT,  SUSPECTED  CITIZENSHIP OR IMMIGRATION STATUS OF A DNC
 WORKER OR FAMILY MEMBER OF A DNC WORKER TO A FEDERAL,  STATE,  OR  LOCAL
 AGENCY.
   4. IT SHALL BE A REBUTTABLE PRESUMPTION OF RETALIATION IN VIOLATION OF
 THIS  SECTION  IF  A DNC TAKES AN ADVERSE ACTION AGAINST A PERSON WITHIN
 NINETY DAYS OF SUCH PERSON'S EXERCISE OF  RIGHTS  PROTECTED  UNDER  THIS
 ARTICLE.  SUCH  DNC MAY REBUT SUCH PRESUMPTION WITH CLEAR AND CONVINCING
 EVIDENCE THAT SUCH ADVERSE ACTION WAS TAKEN FOR A PERMISSIBLE PURPOSE.
   5. PROOF OF RETALIATION IN VIOLATION OF THIS SECTION SHALL  BE  SUFFI-
 CIENT  UPON  A  SHOWING THAT A DNC HAS TAKEN AN ADVERSE ACTION AGAINST A
 PERSON AND SUCH PERSON'S EXERCISE OF RIGHTS UNDER  THIS  ARTICLE  WAS  A
 MOTIVATING FACTOR IN SUCH ADVERSE ACTION, UNLESS SUCH DNC CAN PROVE THAT
 SUCH  ADVERSE  ACTION WOULD HAVE BEEN TAKEN IN THE ABSENCE OF SUCH EXER-
 CISE OF RIGHTS.
   6. THE PROTECTIONS UNDER THIS SECTION SHALL APPLY TO  ANY  PERSON  WHO
 MISTAKENLY BUT IN GOOD FAITH ALLEGES A VIOLATION OF THIS ARTICLE.
   § 790-I. RULEMAKING AUTHORITY. THE COMMISSIONER SHALL BE AUTHORIZED TO
 PROMULGATE,  REPEAL, OR AMEND ANY RULE OR REGULATION NECESSARY TO EFFEC-
 TUATE THE PROVISIONS OF THIS ARTICLE.
   § 790-J. ENFORCEMENT POWER AND DUTIES. THE DEPARTMENT SHALL  HAVE  THE
 POWER TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE AND SHALL
 HAVE SUCH POWERS AND DUTIES CONFERRED UPON IT UNDER THIS ARTICLE, AND AS
 OTHERWISE  NECESSARY  AND  PROPER  IN THE PERFORMANCE OF SUCH POWERS AND
 DUTIES.
   § 790-K. VIOLATION. THE FAILURE  OF  A  DELIVERY  NETWORK  COMPANY  TO
 COMPLY  WITH  ANY REQUIREMENT UNDER THIS ARTICLE SHALL BE A VIOLATION OF
 THIS ARTICLE.
   § 790-L. INVESTIGATION. 1. THE DEPARTMENT  SHALL  HAVE  THE  POWER  TO
 INVESTIGATE  ANY  SUSPECTED  OR  ALLEGED  VIOLATION OF THIS ARTICLE. THE
 DEPARTMENT MAY PRIORITIZE INVESTIGATIONS OF  WORKFORCES  DEEMED  BY  THE
 DEPARTMENT  AS  VULNERABLE TO VIOLATIONS OF THIS ARTICLE. THE DEPARTMENT
 MAY INITIATE AN INVESTIGATION UNDER THIS ARTICLE IN  SITUATIONS  INCLUD-
 ING,  BUT NOT LIMITED TO, IF THE COMMISSIONER HAS REASON TO BELIEVE THAT
 A VIOLATION IS LIKELY TO BE MADE BY A  DNC  OR  CLASS  OF  DNCS  BECAUSE
 EITHER THE WORKFORCE CONTAINS SIGNIFICANT NUMBERS OF DNC WORKERS WHO ARE
 VULNERABLE  TO  VIOLATIONS OF THIS ARTICLE, AS DETERMINED BY THE COMMIS-
 SIONER, OR THE WORKFORCE IS UNLIKELY  TO  REPORT  INFORMATION  REGARDING
 SUCH  VIOLATIONS. ADDITIONALLY, AN INVESTIGATION MAY BE INITIATED BY THE
 DEPARTMENT PURSUANT TO A REPORT OR COMPLAINT SUBMITTED BY A  DNC  WORKER
 OR ANY OTHER PERSON.
   2.  ANY  DNC WORKER MAY REPORT AN ALLEGED VIOLATION OF THIS ARTICLE TO
 THE DEPARTMENT. THE DEPARTMENT SHALL  ENCOURAGE  REPORTING  PURSUANT  TO
 THIS SUBDIVISION BY TAKING THE FOLLOWING MEASURES:
   (A)  THE  DEPARTMENT  SHALL  KEEP  CONFIDENTIAL, TO THE MAXIMUM EXTENT
 PERMITTED BY APPLICABLE LAWS, THE NAME AND OTHER IDENTIFYING INFORMATION
 OF A DNC WORKER OR OTHER PERSON REPORTING A VIOLATION OF  THIS  ARTICLE,
 EXCEPT AS NECESSARY TO ENFORCE THE PROVISIONS OF THIS ARTICLE;
   (B) THE DEPARTMENT MAY REQUIRE A DNC TO POST OR OTHERWISE NOTIFY OTHER
 DNC  WORKERS  THAT  THE  DEPARTMENT IS CONDUCTING AN INVESTIGATION UNDER
 THIS ARTICLE, IN A FORM AND MANNER, AND IN LANGUAGES  AS  PRESCRIBED  BY
 THE DEPARTMENT;
 S. 8215                             9
 
   (C)  THE DEPARTMENT MAY CERTIFY THE ELIGIBILITY OF PERSONS FOR U VISAS
 UNDER  THE  PROVISIONS  OF  8  U.S.C.  §  1184(P)   AND   8   U.S.C.   §
 1101(A)(15)(U).
   3.  AN  INVESTIGATION  OF  AN  ALLEGED  VIOLATION  UNDER  THIS ARTICLE
 CONDUCTED BY THE DEPARTMENT SHALL COMMENCE WITHIN THREE  YEARS  OF  SUCH
 ALLEGED  VIOLATION. TO THE EXTENT PERMITTED BY LAW, THE APPLICABLE STAT-
 UTE OF LIMITATIONS FOR CIVIL ACTIONS SHALL BE TOLLED DURING ANY INVESTI-
 GATION OF A VIOLATION UNDER THIS ARTICLE AND ANY ADMINISTRATIVE ENFORCE-
 MENT PROCEEDING UNDER THIS ARTICLE BASED UPON THE SAME  FACTS.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, AN INVESTIGATION BY THE DEPARTMENT SHALL
 BE DEEMED TO BEGIN UPON THE DATE THE DEPARTMENT RECEIVES A REPORT OF  AN
 ALLEGED  VIOLATION OF THIS ARTICLE, OR UPON THE DATE WHEN THE DEPARTMENT
 PROVIDES NOTICE TO A DNC THAT AN INVESTIGATION OF AN  ALLEGED  VIOLATION
 OF THIS ARTICLE HAS BEGUN, WHICHEVER IS SOONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.