A03055 Summary:

COSPNSRBarrett, Buchwald, Gottfried, Hikind, Hooper, Mosley, Robinson, Rosenthal, Wright, Lavine, Mayer, Rodriguez, Simon, Sepulveda, Crespo, Blake, Seawright
MLTSPNSRArroyo, Brennan, Cook, Glick, Perry, Rivera
Add S171, Lab L
Relates to flexible working arrangements; provides that employees may submit a request for flexible working arrangements in good faith; requires the employer to notify the employee of the decision; prohibits employers from retaliating against employees for exercising rights under the section.
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A03055 Actions:

01/21/2015referred to labor
01/06/2016referred to labor
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A03055 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 21, 2015
        Introduced  by  M.  of  A.  ROZIC,  BARRETT, BUCHWALD, CLARK, GOTTFRIED,
          WRIGHT  --  Multi-Sponsored  by  --  M. of A. ARROYO, BRENNAN, CAMARA,
          COOK, GLICK, PERRY, RIVERA, ROBERTS -- read once and referred  to  the
          Committee on Labor
        AN  ACT to amend the labor law, in relation to flexible working arrange-
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  labor  law is amended by adding a new section 171 to
     2  read as follows:
     3    § 171. Flexible  working  arrangement.  1.  Definitions.  a.  For  the
     4  purposes  of  this  section,  "flexible  working arrangement" shall mean
     5  intermediate or long-term changes  in  the  employee's  regular  working
     6  arrangements,  including  but  not  limited to, changes in the number of
     7  days or hours worked, changes in the time the  employee  arrives  at  or
     8  departs  from  work,  work  from home, or job-sharing. "Flexible working
     9  arrangement" shall not include vacation, routine scheduling  of  shifts,
    10  or another form of employee leave.
    11    b. For the purposes of this section, "inconsistent with business oper-
    12  ations"  shall mean a determination by the employer based on the follow-
    13  ing considerations: (i) the burden on an employer  of  undue  additional
    14  costs;  (ii)  a  legitimate or practical detrimental effect on aggregate
    15  employee morale unrelated to discrimination or other unlawful employment
    16  practices; (iii) a legitimate or practical  detrimental  effect  on  the
    17  ability  of  an  employer  to  meet  consumer demand; (iv) a significant
    18  inability to reorganize work among existing staff; (v) a  legitimate  or
    19  practical  inability  to  recruit  additional  staff; (vi) a significant
    20  detrimental impact on business quality or business performance; (vii) an
    21  insufficiency of work during the periods the employee proposes to  work;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3055                             2
     1  (viii)  planned  structural  changes to the business; and (ix) any other
     2  reasons as specified by the commissioner.
     3    2.  An  employee may request a flexible working arrangement that meets
     4  the needs of the employer and employee. The employer  shall  consider  a
     5  request  using the procedures in this section when the employee asks the
     6  employer on an as-needed basis.
     7    3. The employer shall discuss  the  request  for  a  flexible  working
     8  arrangement  with  the  employee.  The employer and employee may propose
     9  alternative arrangements  during  the  discussion.  The  employer  shall
    10  consider  the  employee's request for a flexible working arrangement and
    11  whether the request could be granted in a manner that is not  inconsist-
    12  ent  with  its  business  operations  or  its legal or contractual obli-
    13  gations.
    14    4. The employer shall notify the employee of  the  decision  regarding
    15  the request in a timely manner. If the request was submitted in writing,
    16  the  employer  shall state any complete or partial denial of the request
    17  in writing, citing the reason as to denying the request.
    18    5. This section shall not diminish any employment rights or agreements
    19  pursuant to a collective bargaining agreement. An employer may institute
    20  a flexible working arrangement policy that  is  more  generous  than  is
    21  provided by this section.
    22    6.  An employer shall not retaliate against an employee exercising his
    23  or her rights under this section.
    24    7. Nothing in this section shall affect any legal rights  an  employer
    25  or employee may have under applicable law to create, terminate, or modi-
    26  fy a flexible working arrangement.
    27    8.  Nothing  in  this  section shall require an employer to accept the
    28  flexible work arrangement of the employee.
    29    9. a. The commissioner or a representative authorized by  the  commis-
    30  sioner shall have the power to (i) investigate any complaint regarding a
    31  violation  of this section filed by any employee; person or organization
    32  acting on the employee's behalf; or the recognized and certified collec-
    33  tive bargaining agent acting on the employee's behalf; and (ii)  examine
    34  and  inspect  the  records  of  any employer in conjunction with such an
    35  investigation.
    36    b. The commissioner may bring an action against an employer for  fail-
    37  ure  to  adhere  to the provisions of this section, including injunctive
    38  relief to enjoin future conduct.
    39    c. Any employer who violates the  provisions  of  this  section  shall
    40  forfeit  to  the  people  of the state a sum of five hundred dollars for
    41  each violation, to be recovered by the commissioner in any legal  action
    42  taken pursuant to this subdivision.
    43    10. The commissioner shall promulgate rules and regulations within one
    44  hundred twenty days of the effective date of this section for the imple-
    45  mentation of this section.
    46    § 2. This act shall take effect immediately.
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