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A10697 Summary:

SPONSORRules (Reyes)
COSPNSRKelles, Cruz
Add §203-f, Lab L
Enacts the "standing is tiring (sit) act"; requires employers to provide suitable seats to all employees where the nature of such employees' work reasonably permits seated work; prohibits employers from artificially designing a work space to require standing; requires the department of labor to determine whether the nature of work reasonably permits seated work; creates a private right of action for employees whose employer does not provide seats.
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A10697 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    September 9, 2022
        Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Reyes,
          Kelles, Cruz) -- read once and referred to the Committee on Labor
        AN ACT to amend the labor law, in relation to enacting the "standing  is
          tiring (sit) act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  This act shall be known and may be cited as the  "standing
     2  is tiring (sit) act".
     3    § 2. The labor law is amended by adding a new section 203-f to read as
     4  follows:
     5    §  203-f.  Employee right to sit. 1.  An employer shall be required to
     6  provide suitable seats to all employees where the nature of such employ-
     7  ees' work reasonably permits seated work.
     8    2. An employer shall be prohibited from  designing  a  work  space  to
     9  require  standing  where such work space could reasonably be designed to
    10  permit seated work.
    11    3. The department shall promulgate rules and/or regulations for deter-
    12  mining whether the nature of an employee's work reasonably permits seat-
    13  ed work under subdivision one of this section, based on the totality  of
    14  the  circumstances  for  each  employee,  including, but not limited to,
    15  whether:
    16    (a) an employee's tasks can be performed from a chair;
    17    (b) seating an employee would interfere with job performance; and
    18    (c) the physical layout of a work space is conducive to seating.
    19    4. An employee shall have  a  private  right  of  action  for  damages
    20  against  any  employer  who  fails  to  provide suitable seating to such
    21  employee in violation of subdivision one of this section.
    22    § 3. This act shall take effect one year after it shall have become  a
    23  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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