NY State Senate Bill 2023-S8604

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

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2024	referred to labor

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

                                 
BILL NUMBER: S8604

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

To require employers to report their responses to petitions from employ-
ees to participate in a shared work program.

 
SUMMARY OF PROVISIONS:

Section one requires that any employer who receives a petition from
their employees to begin a shared work program instead of employee
layoffs report both the petition and their required response to the
department of labor. The commissioner of the department of labor is
required to post both the petitions and the responses on the depart-
ment's website.

Section two states the effective date.

 
JUSTIFICATION:

Since the pandemic, employers and employees alike have increasingly
relied on New York's shared work program to keep skilled workers
employed. The program also increases workers' ability to communicate
with their employers about changes that affect their livelihoods. This
is especially necessary in the case of layoffs, which can economically
devastate entire communities. To improve the original shared work
program by empowering workers and help prevent layoffs, the legislature
established the right for employees to petition their employers to
implement a shared work program.

Employers must respond to these petitions within 7 days and detail if
they are planning to apply for the shared work program, explaining the
reason underlying their decision.This bill aims to 'further expand the
shared work program by creating reporting requirements for employers who
receive a petition. This would allow the department of labor to keep
track of three things: First, the number of petitions being filed in the
state by employees. Second, how employers are responding to these
petitions and if they are applying to participate in the shared work
program. And third, if employers are complying with the seven day rule
for their responses.  Thus, this legislation would allow the department
of labor to track and study workers' use of petitioning for shared work
to determine if they effectively increase participation in the shared
work program.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

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

                       [ ] is old law to be omitted.
                                                            LBD13282-01-3

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