NY State Senate Bill 2023-S913

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
Jan 09, 2023	referred to labor

2023-S913 (ACTIVE) - Details

See Assembly Version of this Bill:: A2562
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add §202-n, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8308, A10437
2021-2022: S640, A761

2023-S913 (ACTIVE) - Summary

Establishes an essential workers' bill of rights; provides that all employers shall provide essential workers with personal protective equipment, inform such workers of exposure to any disease related to a state disaster emergency, and not retaliate for any report of an unsafe work environment; provides certain employers shall make hazard payments and cover the costs of any child care or health care needed by such essential workers for the duration of the state disaster emergency.

2023-S913 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S913

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the labor law, in relation to establishing an essential
workers' bill of rights

 
PURPOSE:

To ensure rights, protection and hazard pay for essential workers during
a state of emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the labor law to adding section 202-n.

Subsection 1 defines: "essential workers."

Subsection 2 requires that during a state of emergency, employers of
essential workers must implement the essential workers' bill of rights
including the following

-Employers must provide adequate personal protective equipment and
products at no cost to the workers;

-Employers must inform essential workers when an employee has contracted
a disease related to such state disaster emergency and of a worker's
potential exposure to disease;

-Employers may not retaliate or discriminate against an essential worker
for reporting any unsafe work environment;

Subsection 3:

-Defines: "employer," "formula retail store," "large employer," "manu-
facturing," "not-for-profit organization," "transportation business,"
"franchisee or subcontractor."

-Directs the Labor Commissioner to direct employers who meet the
requirements of this subdivision to make hazard payments to essential
workers during a state disaster emergency. The payments will be a
percentage or a fixed dollar amount, as prescribed by the commissioner.
No hazard payment will exceed twenty-five thousand dollars in any year
for any essential worker earning less than two hundred thousand dollars
per year or five thousand dollars for any essential worker earning more
than two hundred thousand dollars.  Hazard payments will be in addition
to and not be part of an essential worker's basic annual salary, and
will not affect any performance advancement payments, performance
awards, longevity payments or other rights or benefits to which an
essential worker may be entitled. A hazard payment shall be terminated
upon the cessation of the state disaster emergency.

-Employers must cover the costs of any child care or health care needed
by essential workers during the duration of the state disaster emergen-
cy.

Section 2 is the effective date.

 
JUSTIFICATION:'

During an unprecedented pandemic or state of emergency, many essential
workers continue to go to work, exposing themselves to high-risk condi-
tions without appropriate protective equipment, adequate safety stand-
ards, proper health care, and childcare or basic job protections. This
leaves them susceptible to contracting contagions and other dangers at a
higher rate than the general public.

For example, during the first few months of the COVID-19 pandemic in the
United States, the Occupational Safety and Health Administration (OSHA)
received more than 3,000 worker complaints regarding the coronavirus
between January 2020 and April 2020, outlining the fear and danger
essential workers faced on a daily basis. Complaints highlighted the
lack of personal protective equipment, the lack of transparency regard-
ing coworkers testing positive for the virus, and inadequate pay. To
date, there have been patchwork suggestions issued at the federal, state
and local levels, but no widespread regulations to ensure the safety and
well-being of essential workers.

This legislation would require employers of essential workers as defined
by Governor Cuomo's Executive Order 202.6 of 2020, to implement an
essential workers' bill of rights that:

-Would ensure workers have adequate personal protective equipment

-Would mandate that employers inform workers when an employee has
contracted a disease related to the state of emergency and of a worker's
potential exposure to disease;

-Would prevent employers from retaliating or discriminating against an
essential worker for reporting any unsafe work environment;

-Would require that employers cover the costs of any child care or
health care needed by essential workers during the duration of the state
of emergency.

-Certain large employers would also be required to pay essential workers
a payment that is a percentage or a fixed dollar amount set by the Labor
Commissioner. The benefit would be capped at $25,000 for workers earning
less than $200,000 per year and at $5,000 for those earning more than
$200,000. Small businesses, manufacturers, and nonprofits would be
exempt from this requirement.

 
PRIOR LEGISLATIVE HISTORY:

01/05/22 REFERRED TO LABOR

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S913 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    913
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 establishing an  essential
   workers' bill of rights
 
   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 section  202-n  to
 read as follows:
   §  202-N.  ESSENTIAL  WORKERS'  BILL OF RIGHTS. 1. FOR THE PURPOSES OF
 THIS SECTION, "ESSENTIAL WORKER" MEANS ANY EMPLOYEE  OF  A  BUSINESS  OR
 ENTITY PROVIDING ESSENTIAL SERVICES OR FUNCTIONS DURING ANY STATE DISAS-
 TER  EMERGENCY  DECLARED  PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW
 AND DESIGNATED AS AN ESSENTIAL WORKER PURSUANT TO ANY LAW,  RULE,  REGU-
 LATION  OR EXECUTIVE ORDER INCLUDING BUT NOT LIMITED TO ESSENTIAL HEALTH
 CARE OPERATIONS INCLUDING RESEARCH AND  LABORATORY  SERVICES;  ESSENTIAL
 INFRASTRUCTURE  INCLUDING  UTILITIES,  TELECOMMUNICATION,  AIRPORTS  AND
 TRANSPORTATION INFRASTRUCTURE; ESSENTIAL MANUFACTURING,  INCLUDING  FOOD
 PROCESSING  AND  PHARMACEUTICALS;  ESSENTIAL  RETAIL  INCLUDING  GROCERY
 STORES AND PHARMACIES; ESSENTIAL SERVICES  INCLUDING  TRASH  COLLECTION,
 MAIL,  AND  SHIPPING  SERVICES;  NEWS MEDIA; BANKS AND RELATED FINANCIAL
 INSTITUTIONS; PROVIDERS OF BASIC NECESSITIES TO  ECONOMICALLY  DISADVAN-
 TAGED POPULATIONS; CONSTRUCTION; VENDORS OF ESSENTIAL SERVICES NECESSARY
 TO  MAINTAIN  THE  SAFETY,  SANITATION AND ESSENTIAL OPERATIONS OF RESI-
 DENCES OR OTHER ESSENTIAL BUSINESSES;  VENDORS  THAT  PROVIDE  ESSENTIAL
 SERVICES  OR PRODUCTS, INCLUDING LOGISTICS AND TECHNOLOGY SUPPORT, CHILD
 CARE AND SERVICES NEEDED TO ENSURE THE CONTINUING OPERATION  OF  GOVERN-
 MENT  AGENCIES  AND  PROVIDE  FOR  THE HEALTH, SAFETY AND WELFARE OF THE
 PUBLIC.
   2. DURING A STATE DISASTER EMERGENCY, ALL EMPLOYERS OF ESSENTIAL WORK-
 ERS SHALL ADOPT AND IMPLEMENT THE FOLLOWING ESSENTIAL WORKERS'  BILL  OF
 RIGHTS  WHICH  SHALL BE DISTRIBUTED TO ESSENTIAL WORKERS, MADE AVAILABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02962-01-3

 S. 913                              2
 
 ON EACH EMPLOYER'S WEBSITE, AND SHALL INCLUDE LINKS  OR  INFORMATION  TO
 FILE  A  REPORT  AND  SEEK  A  RESPONSE  FROM SUCH EMPLOYER OR THE STATE
 REGARDING ANY UNSAFE WORK ENVIRONMENT OR FAILURE TO  MEET  THE  REQUIRE-
 MENTS OF THIS SECTION:
   (A)  ALL  EMPLOYERS  SHALL  PROVIDE  ESSENTIAL  WORKERS  WITH ADEQUATE
 PERSONAL PROTECTIVE EQUIPMENT AND PRODUCTS AT NO COST TO  SUCH  WORKERS,
 INCLUDING  BUT NOT LIMITED TO HAND SANITIZER, MEDICAL OR SURGICAL MASKS,
 MEDICAL OR SURGICAL GLOVES, DISPOSABLE GOWNS AND ANY OTHER EQUIPMENT  OR
 PRODUCT  IDENTIFIED  IN EMERGENCY REGULATIONS PROMULGATED BY THE COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
   (B) ALL EMPLOYERS SHALL INFORM ESSENTIAL WORKERS WHEN AN EMPLOYEE  HAS
 CONTRACTED  A  DISEASE RELATED TO SUCH STATE DISASTER EMERGENCY AND OF A
 WORKER'S POTENTIAL EXPOSURE TO DISEASE; AND
   (C) NO EMPLOYER SHALL RETALIATE OR DISCRIMINATE AGAINST  AN  ESSENTIAL
 WORKER FOR REPORTING ANY UNSAFE WORK ENVIRONMENT.
   3. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "EMPLOYER" MEANS A FORMULA RETAIL STORE, LARGE EMPLOYER, TRANSPOR-
 TATION  BUSINESS, OR FRANCHISEE OR SUBCONTRACTOR, AND INCLUDES ANY INDI-
 VIDUAL, PARTNERSHIP, ASSOCIATION, CORPORATION, LIMITED LIABILITY  COMPA-
 NY,  BUSINESS  TRUST,  LEGAL  REPRESENTATIVE,  OR ANY ORGANIZED GROUP OF
 PERSONS ACTING AS SUCH AN EMPLOYER;
   (II) "FORMULA RETAIL STORE" MEANS ANY EMPLOYER THAT OPERATES A  RETAIL
 SALES OR RESTAURANT ESTABLISHMENT EITHER DIRECTLY OR THROUGH FRANCHISEES
 AND  THAT,  ALONG  WITH  ELEVEN OR MORE OTHER RETAIL SALES OR RESTAURANT
 ESTABLISHMENTS LOCATED IN THE UNITED STATES, MAINTAINS TWO  OR  MORE  OF
 THE  FOLLOWING  FEATURES:  (A)  A  STANDARDIZED  ARRAY OF MERCHANDISE, A
 STANDARDIZED FACADE, A STANDARDIZED DECOR AND COLOR  SCHEME,  A  UNIFORM
 APPAREL, STANDARDIZED SIGNAGE, A TRADEMARK; OR (B) A SERVICEMARK;
   (III) "LARGE EMPLOYER" MEANS ANY EMPLOYER THAT HAS ANNUAL GROSS REVEN-
 UE  OF  FIFTY  MILLION  DOLLARS  OR  MORE,  BUT SHALL NOT INCLUDE (A) AN
 EMPLOYER WHOSE PRINCIPAL INDUSTRY IS MANUFACTURING; OR  (B)  A  NOT-FOR-
 PROFIT  ORGANIZATION.  AN  EMPLOYER SHALL BE DEEMED TO HAVE ANNUAL GROSS
 REVENUE OF FIFTY MILLION DOLLARS OR MORE IF IT HAD REVENUE AT OR EXCEED-
 ING THAT LEVEL IN ANY OF THE PAST THREE FISCAL OR CALENDAR YEARS;
   (IV) "MANUFACTURING" MEANS THE PROCESS OF WORKING RAW  MATERIALS  INTO
 PRODUCTS  SUITABLE FOR USE OR WHICH GIVES NEW SHAPES, NEW QUALITY OR NEW
 COMBINATIONS TO MATTER WHICH HAS ALREADY GONE  THROUGH  SOME  ARTIFICIAL
 PROCESS  BY  THE  USE  OF MACHINERY, TOOLS, APPLIANCES, OR OTHER SIMILAR
 EQUIPMENT;
   (V) "NOT-FOR-PROFIT ORGANIZATION" MEANS AN ENTITY EXEMPT FROM TAXATION
 UNDER SECTION 501(C)(3) OF THE FEDERAL INTERNAL REVENUE CODE;
   (VI) "TRANSPORTATION BUSINESS" MEANS ANY INDUSTRY, BUSINESS, OR ESTAB-
 LISHMENT OPERATED FOR THE PURPOSE OF CONVEYING PERSONS OR PROPERTY  FROM
 ONE  PLACE  TO  ANOTHER WHETHER BY RAIL, HIGHWAY, AIR, OR WATER, AND ALL
 OPERATIONS AND SERVICES IN CONNECTION THEREWITH; AND
   (VII) "FRANCHISEE OR SUBCONTRACTOR" MEANS ANY EMPLOYER  THAT  OPERATES
 UNDER A FRANCHISE AGREEMENT WITH A FORMULA RETAIL STORE OR LARGE EMPLOY-
 ER,  OR THAT PROVIDES SERVICES, INCLUDING BUT NOT LIMITED TO JANITORIAL,
 MAINTENANCE, SECURITY, STAFFING, PASSENGER SERVICES, FOOD  SERVICES,  OR
 TEMPORARY  SERVICES TO A FORMULA RETAIL STORE, LARGE EMPLOYER, OR TRANS-
 PORTATION BUSINESS.
   (B) AN EMPLOYER MEETING THE REQUIREMENTS  OF  THIS  SUBDIVISION  SHALL
 ALSO INCLUDE IN ITS ESSENTIAL WORKERS' BILL OF RIGHTS:
   (I)  HAZARD  PAYMENTS FOR ITS ESSENTIAL WORKERS. AN EMPLOYER OF ESSEN-
 TIAL WORKERS SHALL MAKE SUCH HAZARD PAYMENTS AT  THE  DIRECTION  OF  THE
 COMMISSIONER.  SUCH  PAYMENT  SHALL  BE  A  PERCENTAGE OR A FIXED DOLLAR
 S. 913                              3
 
 AMOUNT, AS PRESCRIBED BY THE COMMISSIONER, PROVIDED, HOWEVER, NO  HAZARD
 PAYMENT  SHALL  EXCEED  TWENTY-FIVE THOUSAND DOLLARS IN ANY YEAR FOR ANY
 ESSENTIAL WORKER EARNING LESS THAN TWO HUNDRED THOUSAND DOLLARS PER YEAR
 OR  FIVE THOUSAND DOLLARS FOR ANY ESSENTIAL WORKER EARNING MORE THAN TWO
 HUNDRED THOUSAND DOLLARS. SUCH PAYMENTS SHALL  BE  IN  ADDITION  TO  AND
 SHALL  NOT  BE  PART  OF  AN ESSENTIAL WORKER'S BASIC ANNUAL SALARY, AND
 SHALL  NOT  AFFECT  OR  IMPAIR  ANY  PERFORMANCE  ADVANCEMENT  PAYMENTS,
 PERFORMANCE  AWARDS,  LONGEVITY  PAYMENTS OR OTHER RIGHTS OR BENEFITS TO
 WHICH AN ESSENTIAL WORKER MAY BE ENTITLED. A  HAZARD  PAYMENT  SHALL  BE
 TERMINATED UPON THE CESSATION OF THE STATE DISASTER EMERGENCY; AND
   (II)  PAYMENT  OF THE COSTS OF ANY CHILD CARE OR HEALTH CARE NEEDED BY
 SUCH ESSENTIAL WORKERS FOR THE DURATION OF THE STATE DISASTER EMERGENCY.
   § 2. This act shall take effect immediately.

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Senate Bill S913

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

2023-S913 (ACTIVE) - Details

2023-S913 (ACTIVE) - Summary

2023-S913 (ACTIVE) - Sponsor Memo

2023-S913 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S913

Share this bill

Sponsored By

John C. Liu

Current Bill Status - In Senate Committee Labor Committee

2023-S913 (ACTIVE) - Details

2023-S913 (ACTIVE) - Summary

2023-S913 (ACTIVE) - Sponsor Memo

2023-S913 (ACTIVE) - Bill Text download pdf

Comments