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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A761
SPONSOR: Rozic 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 Jaw 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 work-
er 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.
* Directs employers to cover the costs of any child care or health care
needed by essential workers during the duration of the state disaster
emergency.
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-1 9 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 regarding 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 regu-
lations to ensure the safety and wellbeing of essential workers.
This legislation would require employers of essential workers as defined
by the 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;
* Certain large employers would also be required to cover the costs of
any child care or health care needed by essential workers during the
duration of the state of emergency and pay essential workers a payment
that is a percentage or a fixed dollar amount, set by the Labor Commis-
sioner. 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 non-profits would be
exempt from this requirement.
PRIOR LEGISLATIVE HISTORY:
2020: A10437 (Rozic) Labor
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
761
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. ROZIC -- read once and referred 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:
1 Section 1. The labor law is amended by adding a new section 202-n to
2 read as follows:
3 § 202-n. Essential workers' bill of rights. 1. For the purposes of
4 this section, "essential worker" means any employee of a business or
5 entity providing essential services or functions during any state disas-
6 ter emergency declared pursuant to article two-B of the executive law
7 and designated as an essential worker pursuant to any law, rule, regu-
8 lation or executive order including but not limited to essential health
9 care operations including research and laboratory services; essential
10 infrastructure including utilities, telecommunication, airports and
11 transportation infrastructure; essential manufacturing, including food
12 processing and pharmaceuticals; essential retail including grocery
13 stores and pharmacies; essential services including trash collection,
14 mail, and shipping services; news media; banks and related financial
15 institutions; providers of basic necessities to economically disadvan-
16 taged populations; construction; vendors of essential services necessary
17 to maintain the safety, sanitation and essential operations of resi-
18 dences or other essential businesses; vendors that provide essential
19 services or products, including logistics and technology support, child
20 care and services needed to ensure the continuing operation of govern-
21 ment agencies and provide for the health, safety and welfare of the
22 public.
23 2. During a state disaster emergency, all employers of essential work-
24 ers shall adopt and implement the following essential workers' bill of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03488-01-1
A. 761 2
1 rights which shall be distributed to essential workers, made available
2 on each employer's website, and shall include links or information to
3 file a report and seek a response from such employer or the state
4 regarding any unsafe work environment or failure to meet the require-
5 ments of this section:
6 (a) all employers shall provide essential workers with adequate
7 personal protective equipment and products at no cost to such workers,
8 including but not limited to hand sanitizer, medical or surgical masks,
9 medical or surgical gloves, disposable gowns and any other equipment or
10 product identified in emergency regulations promulgated by the commis-
11 sioner, in consultation with the commissioner of health;
12 (b) all employers shall inform essential workers when an employee has
13 contracted a disease related to such state disaster emergency and of a
14 worker's potential exposure to disease; and
15 (c) no employer shall retaliate or discriminate against an essential
16 worker for reporting any unsafe work environment.
17 3. (a) For the purposes of this subdivision:
18 (i) "employer" means a formula retail store, large employer, transpor-
19 tation business, or franchisee or subcontractor, and includes any indi-
20 vidual, partnership, association, corporation, limited liability compa-
21 ny, business trust, legal representative, or any organized group of
22 persons acting as such an employer;
23 (ii) "formula retail store" means any employer that operates a retail
24 sales or restaurant establishment either directly or through franchisees
25 and that, along with eleven or more other retail sales or restaurant
26 establishments located in the United States, maintains two or more of
27 the following features: (A) a standardized array of merchandise, a
28 standardized facade, a standardized decor and color scheme, a uniform
29 apparel, standardized signage, a trademark; or (B) a servicemark;
30 (iii) "large employer" means any employer that has annual gross reven-
31 ue of fifty million dollars or more, but shall not include (A) an
32 employer whose principal industry is manufacturing; or (B) a not-for-
33 profit organization. An employer shall be deemed to have annual gross
34 revenue of fifty million dollars or more if it had revenue at or exceed-
35 ing that level in any of the past three fiscal or calendar years;
36 (iv) "manufacturing" means the process of working raw materials into
37 products suitable for use or which gives new shapes, new quality or new
38 combinations to matter which has already gone through some artificial
39 process by the use of machinery, tools, appliances, or other similar
40 equipment;
41 (v) "not-for-profit organization" means an entity exempt from taxation
42 under section 501(c)(3) of the federal internal revenue code;
43 (vi) "transportation business" means any industry, business, or estab-
44 lishment operated for the purpose of conveying persons or property from
45 one place to another whether by rail, highway, air, or water, and all
46 operations and services in connection therewith; and
47 (vii) "franchisee or subcontractor" means any employer that operates
48 under a franchise agreement with a formula retail store or large employ-
49 er, or that provides services, including but not limited to janitorial,
50 maintenance, security, staffing, passenger services, food services, or
51 temporary services to a formula retail store, large employer, or trans-
52 portation business.
53 (b) An employer meeting the requirements of this subdivision shall
54 also include in its essential workers' bill of rights:
55 (i) hazard payments for its essential workers. An employer of essen-
56 tial workers shall make such hazard payments at the direction of the
A. 761 3
1 commissioner. Such payment shall be a percentage or a fixed dollar
2 amount, as prescribed by the commissioner, provided, however, no hazard
3 payment shall exceed twenty-five thousand dollars in any year for any
4 essential worker earning less than two hundred thousand dollars per year
5 or five thousand dollars for any essential worker earning more than two
6 hundred thousand dollars. Such payments shall be in addition to and
7 shall not be part of an essential worker's basic annual salary, and
8 shall not affect or impair any performance advancement payments,
9 performance awards, longevity payments or other rights or benefits to
10 which an essential worker may be entitled. A hazard payment shall be
11 terminated upon the cessation of the state disaster emergency; and
12 (ii) payment of the costs of any child care or health care needed by
13 such essential workers for the duration of the state disaster emergency.
14 § 2. This act shall take effect immediately.
