Senate Bill S8604

2023-2024 Legislative Session

Relates to employee petitions to participate in a shared work program and to employer responses to such petitions

download bill text pdf

Sponsored By

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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2023-S8604 (ACTIVE) - Details

See Assembly Version of this Bill:
A9930
Current Committee:
Senate Labor
Law Section:
Labor Law
Laws Affected:
Amd §605-a, Lab L

2023-S8604 (ACTIVE) - Summary

Relates to employee petitions to participate in a shared work program and to employer responses to such petitions; requires such petitions to be submitted to the commissioner of labor and to be made available for public access on the department of labor website.

2023-S8604 (ACTIVE) - Sponsor Memo

2023-S8604 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8604
 
                             I N  S E N A T E
 
                             February 21, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  employee  petitions  to
   participate  in  a  shared work program and employer responses to such
   petitions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 605-a of the labor law, as added by chapter 493 of
 the laws of 2021, is amended to read as follows:
   § 605-a. Shared work program.  1.  Any  group  of  employees  who  may
 reasonably be expected to experience an employment loss as a consequence
 of  a  reduction  in  workforce or have experienced employment loss as a
 consequence of a reduction in workforce  may  petition  in  writing  the
 employer  of such group of employees to apply to participate in a shared
 work program pursuant to this article  for  purposes  of  avoiding  such
 reduction  in workforce or for purposes of re-hiring any former employee
 or employees of the employer that were laid off due to  a  reduction  in
 workforce.  Such  employer  shall,  no  later than seven days after such
 petition has been made, respond in writing to such group  of  employees.
 Such  response  shall state the decision of the employer to apply or not
 to apply to participate in a shared work program,  and  the  reason  for
 deciding  to  apply  or  not  to  apply  to participate in a shared work
 program, and if the employer did apply, the outcome of the  application,
 if  available.    SUCH EMPLOYER SHALL SUBMIT A COPY OF BOTH THE PETITION
 SUBMITTED BY THE EMPLOYEES AND THE EMPLOYER'S RESPONSE TO SUCH  PETITION
 TO THE COMMISSIONER.
   2.  No  employer or their agent, or person acting as or on behalf of a
 hiring entity, or the officer or agent of any corporation,  partnership,
 or  limited liability company, shall discriminate, retaliate against, or
 take adverse action against  any  employee  for  exercising  the  rights
 afforded to them under this section.
   3. THE COMMISSIONER SHALL MAKE THE EMPLOYEE'S PETITION AND THE EMPLOY-
 ER'S  RESPONSE  TO  SUCH  PETITION  AVAILABLE  FOR  PUBLIC ACCESS ON THE
 WEBSITE OF THE DEPARTMENT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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