Bill Text: NY A06523 | 2011-2012 | General Assembly | Introduced

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Bill Title: Creates the protecting of the English language in the workplace act which specifies that it is not unlawful to require workers to speak English while engaged in work-related duties.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-03-27 - held for consideration in codes [A06523 Detail]

Download: New_York-2011-A06523-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6523
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 21, 2011
                                      ___________
       Introduced  by  M. of A. KOLB, BURLING, BUTLER, FINCH -- Multi-Sponsored
         by -- M. of A.   CALHOUN, JORDAN -- read  once  and  referred  to  the
         Committee on Codes
       AN  ACT to amend the executive law, in relation to creating the protect-
         ing English in the workplace act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "protecting English in the workplace act".
    3    S 2. Section 296 of the executive law  is  amended  by  adding  a  new
    4  subdivision 22 to read as follows:
    5    22.  (A)  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, IT SHALL NOT
    6  BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER, EMPLOYMENT AGEN-
    7  CY, LABOR ORGANIZATION OR JOINT LABOR-MANAGEMENT COMMITTEE TO REQUIRE AN
    8  EMPLOYEE TO SPEAK, OR AN APPLICANT FOR  EMPLOYMENT  TO  AGREE  TO  SPEAK
    9  ENGLISH WHILE ENGAGED IN WORK-RELATED DUTIES.
   10    (B) AN INDIVIDUAL SHALL NOT BE CONSIDERED TO BE ENGAGED IN WORK DURING
   11  A  BONA FIDE MEAL PERIOD, A REST PERIOD, OR ANY OTHER BREAK DURING WHICH
   12  THE INDIVIDUAL IS NOT REQUIRED TO PERFORM WORK-RELATED DUTIES. THE TERMS
   13  "BONA FIDE MEAL PERIOD" AND "REST PERIOD" SHALL HAVE THE  SAME  MEANINGS
   14  AS DEFINED BY SECTION 785.19 OF TITLE 29, CODE OF FEDERAL REGULATIONS.
   15    S  3. This act shall take effect on the first of January next succeed-
   16  ing the date on which it shall have become a law and shall apply to acts
   17  or refusals to act alleged to have occurred on and after such  effective
   18  date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05523-01-1