Bill Text: NY A03534 | 2019-2020 | General Assembly | Amended
Bill Title: Creates, in addition to the existing sanction of criminal contempt of court, the remedies of labor law civil penalties and employee's right to bring civil action for unlawful discharge, penalty or discrimination on account of the exercise by an employee of a juror's right to be absent from employment by reason of jury service.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-27 - amended on third reading 3534a [A03534 Detail]
Download: New_York-2019-A03534-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3534--A Cal. No. 145 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. DINOWITZ, M. G. MILLER, ABINANTI, WEPRIN, COLTON -- Multi-Sponsored by -- M. of A. GOTTFRIED, LIFTON -- read once and referred to the Committee on Judiciary -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the judiciary law and the labor law, in relation to creating additional remedies for unlawful discharge, penalty or discrimination on account of the exercise of a juror's right to be absent from employment for jury duty The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 519 of the judiciary law, as added by chapter 85 2 of the laws of 1995, is amended to read as follows: 3 § 519. Right of juror to be absent from employment. Any person who is 4 summoned to serve as a juror under the provisions of this article and 5 who notifies his or her employer to that effect prior to the commence- 6 ment of a term of service shall not, on account of absence from employ- 7 ment by reason of such jury service, be subject to discharge [or], 8 penalty, or discrimination in any other manner. An employer may, howev- 9 er, withhold wages of any such employee serving as a juror during the 10 period of such service; provided that an employer who employs more than 11 ten employees shall not withhold the first forty dollars of such juror's 12 daily wages during the first three days of jury service. Withholding of 13 wages in accordance with this section shall not be deemed a penalty or 14 discrimination in any other manner. Violation of this section shall 15 constitute a criminal contempt of court punishable pursuant to section 16 seven hundred fifty of this chapter and shall also constitute a 17 violation of section two hundred fifteen of the labor law and be subject 18 to the civil penalties and civil action provided for thereunder. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00755-02-0A. 3534--A 2 1 § 2. Paragraph 7 of subdivision A of section 750 of the judiciary law, 2 as amended by chapter 823 of the laws of 1982, is amended to read as 3 follows: 4 7. Wilful failure to obey any mandate, process, or notice issued 5 pursuant to [articles] article sixteen[, seventeen, eighteen, eighteen-a6or eighteen-b] of [the judiciary law] this chapter, or to rules adopted 7 pursuant thereto, or to any other statute relating thereto, or refusal 8 to be sworn as provided therein, or subjection of an employee to 9 discharge [or], penalty, or discrimination in any other manner on 10 account of his or her absence from employment by reason of jury or 11 subpoenaed witness service in violation of this chapter or section 12 215.11 of the penal law. Applications to punish the accused for a 13 contempt specified in this subdivision may be made by notice of motion 14 or by order to show cause, and shall be made returnable at the term of 15 the supreme court at which contested motions are heard, or of the county 16 court if the supreme court is not in session. 17 § 3. Section 215 of the labor law, as amended by chapter 564 of the 18 laws of 2010, the closing paragraph of paragraph (a) of subdivision 1 as 19 added by chapter 126 of the laws of 2019, paragraph (b) of subdivision 1 20 and paragraph (a) of subdivision 2 as amended by chapter 537 of the laws 21 of 2014, is amended to read as follows: 22 § 215. [Penalties] Civil penalties and civil action; prohibited retal- 23 iation. 1. (a) No employer or his or her agent, or the officer or agent 24 of any corporation, partnership, or limited liability company, or any 25 other person, shall discharge, threaten, penalize, or in any other 26 manner discriminate or retaliate against any employee (i) because such 27 employee has made a complaint to his or her employer, or to the commis- 28 sioner or his or her authorized representative, or to the attorney 29 general or any other person, that the employer has engaged in conduct 30 that the employee, reasonably and in good faith, believes violates any 31 provision of this chapter, or any order issued by the commissioner (ii) 32 because such employer or person believes that such employee has made a 33 complaint to his or her employer, or to the commissioner or his or her 34 authorized representative, or to the attorney general, or to any other 35 person that the employer has violated any provision of this chapter, or 36 any order issued by the commissioner (iii) because such employee has 37 caused to be instituted or is about to institute a proceeding under or 38 related to this chapter, or (iv) because such employee has provided 39 information to the commissioner or his or her authorized representative 40 or the attorney general, or (v) because such employee has testified or 41 is about to testify in an investigation or proceeding under this chap- 42 ter, or (vi) because such employee has otherwise exercised rights 43 protected under this chapter, or (vii) because the employer has received 44 an adverse determination from the commissioner involving the employee, 45 or (viii) because such employee has exercised his or her right to be 46 absent from employment pursuant to section five hundred nineteen of the 47 judiciary law by reason of jury service. 48 An employee complaint or other communication need not make explicit 49 reference to any section or provision of this chapter to trigger the 50 protections of this section. 51 As used in this section, to threaten, penalize, or in any other manner 52 discriminate or retaliate against any employee includes threatening to 53 contact or contacting United States immigration authorities or otherwise 54 reporting or threatening to report an employee's suspected citizenship 55 or immigration status or the suspected citizenship or immigration status 56 of an employee's family or household member, as defined in subdivisionA. 3534--A 3 1 two of section four hundred fifty-nine-a of the social services law, to 2 a federal, state or local agency. 3 (b) If after investigation the commissioner finds that an employer or 4 person has violated any provision of this section, the commissioner may, 5 by an order which shall describe particularly the nature of the 6 violation, assess the employer or person a civil penalty of not less 7 than one thousand nor more than ten thousand dollars provided, however, 8 that if the commissioner finds that the employer has violated the 9 provisions of this section in the preceding six years, he or she may 10 assess a civil penalty of not less than one thousand nor more than twen- 11 ty thousand dollars. Each act taken in contravention of a prohibition 12 contained in this section shall constitute a separate and distinct 13 violation of this section, and in assessing any such civil penalty the 14 commissioner shall consider, in addition to the nature of the violation, 15 all prior findings of violations of the provisions of this section by 16 the employer. The commissioner may also order all appropriate relief 17 including enjoining the conduct of any person or employer; ordering 18 payment of liquidated damages to the employee by the person or entity in 19 violation; and, where the person or entity in violation is an employer 20 ordering rehiring or reinstatement of the employee to his or her former 21 position or an equivalent position, and an award of lost compensation or 22 an award of front pay in lieu of reinstatement and an award of lost 23 compensation. Liquidated damages shall be calculated as an amount not 24 more than twenty thousand dollars. The commissioner may assess liqui- 25 dated damages on behalf of every employee aggrieved under this section, 26 in addition to any other remedies permitted by this section. 27 (c) The provisions of section two hundred thirteen of this article 28 shall not apply to the violations specified in this section. 29 (d) This section shall not apply to employees of the state or any 30 municipal subdivisions or departments thereof. 31 2. (a) [An] In addition to the civil penalties provided for under 32 subdivision one of this section, an employee may bring a civil action in 33 a court of competent jurisdiction against any employer or persons 34 alleged to have violated the provisions of this section. The court shall 35 have jurisdiction to restrain violations of this section, within two 36 years after such violation, regardless of the dates of employment of the 37 employee, and to order all appropriate relief, including enjoining the 38 conduct of any person or employer; ordering payment of liquidated 39 damages, costs and reasonable attorneys' fees to the employee by the 40 person or entity in violation; and, where the person or entity in 41 violation is an employer, ordering rehiring or reinstatement of the 42 employee to his or her former position with restoration of seniority or 43 an award of front pay in lieu of reinstatement, and an award of lost 44 compensation and damages, costs and reasonable attorneys' fees. Liqui- 45 dated damages shall be calculated as an amount not more than twenty 46 thousand dollars. The court shall award liquidated damages to every 47 employee aggrieved under this section, in addition to any other remedies 48 permitted by this section. The statute of limitations shall be tolled 49 from the date an employee files a complaint with the commissioner or the 50 commissioner commences an investigation, whichever is earlier, until an 51 order to comply issued by the commissioner becomes final, or where the 52 commissioner does not issue an order, until the date on which the 53 commissioner notifies the complainant that the investigation has 54 concluded. Investigation by the commissioner shall not be a prerequisite 55 to nor a bar against a person bringing a civil action under this 56 section.A. 3534--A 4 1 (b) At or before the commencement of any action under this section, 2 notice thereof shall be served upon the attorney general by the employ- 3 ee. 4 3. Any employer or his or her agent, or the officer or agent of any 5 corporation, partnership, or limited liability company, or any other 6 person who violates subdivision one of this section shall be guilty of a 7 class B misdemeanor. 8 § 4. This act shall take effect on the thirtieth day after it shall 9 have become a law.
