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Current Legislation in New York

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AB 266 - AN ACT to amend the labor law, in relation to the tipping and hourly wages of food service workers and back-of-the-house employees

This measure permits tip sharing and tip pooling.
This legislation permits restaurant and hospitality businesses to participate in tip pooling and tip sharing with back-of-the-house employees so long as all of the restaurant or hospitality staff are paid the full statewide minimum wage. The bill further authorizes the Commissioner of Labor to take actions to implement the provisions of this act.

AB 312 - AN ACT to amend the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations

This measure amends the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations.

This measure amends the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations. It's purpose is to provide employees in low-wage occupations with predictable and stable schedules that support workplace flexibility.

An employer who operates thirty or more establishments nationwide shall pay an employee for at least four hours at the basic minimum hourly wage for each day on which the employee reports for work but is given fewer than four hours of work.
In addition, the employer shall pay an employee for at least four hours at the basic minimum wage for each day the employee was given specific instructions o contact the employer, or wait to be contacted by the employer, less than twenty-four hours in advance of the start of the potential work shift to determine whether the employee must report to work for such shift.

AB 315 - AN ACT to amend the labor law, in relation to employee work schedules

This measure establishes an employee’s rights to know his/her work schedule and work hours with advance notice.

This measure requires employers of retail, food service or cleaning employees to give such employees 7 days notice of their work schedule and a months notice of the minimum hours of work. This measure also creates a private right of action to employees who are aggrieved by certain violations of such provisions, including interfering with, restraining or denying the exercise of any rights provided to any employee by the provisions.

AB 324 - AN ACT to amend the labor law, in relation to flexible working arrangements

This measure allows employees to request flexible working arrangements.

This measure grants employees the right to request flexible working arrangements that meet the needs of both the employer and employee. An employer shall not retaliate against an employee exercising his/her rights in this section.

Flexible working arrangement is defined as changes in the employee’s regular working arrangements including changes in number of days worked, changes in the time the employee arrive at or departs from work, work from home, or job sharing. It does not include vacation or employee leave.

AB 325 - AN ACT to amend the labor law, in relation to providing for rest between work shifts

This measure requires sufficient rest between work shift for employees.

This measure would prohibit an employee from working during a rest period, defined as ten hours following the end of a previous calendar day's work shift or ten hours following the end of a shift that spanned two calendar days. The rest period would also apply to an on-call shift. An employee would be allowed to volunteer or agree to work during the rest period, provided that an employee was then paid one and a half times their regular rate of pay.

This measure shall only apply to an employer with 500 or more full- time employees nationwide, or an equivalent number of part-time employees, and to those employers engaged in retail, hospitality, cleaning, or food service work. An employer would be prohibited from retaliating against an employee who refuses to work during a rest period, and violations of this section would be punishable by a civil penalty of $1,000 for each violation and damages paid to an aggrieved employee of at least $100, and worth three times any owed payments for work under- taken during a rest period.

AB 370 - AN ACT to amend the labor law, in relation to split shifts and minimum wage

This measure relates to minimum wage payments during split shifts.
The measure provides for the payment of the minimum wage for all time past one hour in which an employee is working a split shift. A split shift is a situation where an employee works a certain number of hours separated by a long break and then must return later in the day to complete his or her work day.

AB 391 - AN ACT to amend the labor law, in relation to including bonus compensation in the definition of wages and forfeit of wages

This measure includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared.

This measure states that all wages, including bonuses, shall be non-forfeitable once the amount of the wage is known or can with reasonable certainty be known.

Bonus constitutes wages regardless of the source of revenue when:
  1. The formula under which a bonus is determined is certain and all the data utilized in calculating the amount of a bonus under the formula is available to the employer; or
  2. When the amount of a bonus has been declared by the employer.

AB 815 - AN ACT to amend the education law and the election law, in relation to school session days

This measure prohibits schools from being in session on a general election day.
This measure prohibits schools from being in session on a general election day. Schools, however, may require staff attendance on a general election day.

AB 988 - AN ACT to amend the labor law, in relation to establishing a training wage

This measure establishes a training wage equal to eighty-five percent of the state minimum wage or one hundred percent of the federal minimum wage, whichever is greater, that may be paid to a youth who has no prior job experience. No youth may be paid a training wage for more than one hundred eighty days.

AB 1240 - AN ACT to amend the labor law, in relation to the minimum wage

This measure eliminates the sub-minimum wage for food service workers and service  employees who receive tips.
This measure provides that the hourly cash wage for food service workers and service employees who receive tips shall be no less than the cash wage for all other workers, and the underlying minimum wage orders shall be adjusted to reflect such change.

This measure also states that food service workers and  service employees who receive tips covered under pre-existing administrative regulations would receive a minimum wage in line with all other employees around the state, going up to $15/hr by the end of 2021 in New York City and the three suburban counties, and $12.50/hr in the rest of the state with future increases to $15/hr set by administrative implementation.
This measure also amends existing law related to food  service worker wage orders to provide that a wage order under this subdivision shall not authorize a wage less than the previously and statutorily authorized minimum wage.

AB 1475 - AN ACT to prohibit any authorization to preempt, alter or supersede the prohibition against wage boards amending, altering or eliminating the food service tip credit

This measure relates to the tip credit.
This measure states that neither the Commissioner of Labor or the Department of Labor shall be authorized to preempt, alter or supersede the provisions of the minimum wage law prohibiting a wage board from amending, altering or eliminating the food service tip credit.

AB 2448 - AN ACT to amend the labor law, in relation to the schedules that work act

This measure establishes a predictive scheduling program.
This measure grants an employee the right to request and receive a flexible, predictable or stable work schedule. Provides that an employee may apply to the employer to request a change in the terms and conditions of employment as they relate to: (a) the number of hours the employee is required to work or be on call for work; (b) the times when the employee is required to work or be on call for work; (c) the location where the employee is required to work; (d) the amount of notification the employee receives of work schedule assignments; and (e) minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly or monthly basis. Provides that, when an employee makes such a request, the employer must engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee's needs. Provides process for when such request is denied.

AB 2547 - AN ACT to amend the labor law, in relation to the calculation of the experience rating charge of certain employers for purposes of contributions to the state unemployment insurance fund

This measure amends the labor law in relation to the calculation of the experience rating charge of certain employers for purposes of contributions to the state unemployment insurance fund.
This legislation provides that an employer's unemployment experience rating account shall not be charged for a claimant whose employment ends as the result of the return of an employee after family leave.

AB 3542 - AN ACT to amend the labor law, in relation to minimum wage order increases

This measure relates to minimum wage orders.
This measure requires legislative approval of minimum wage increases promulgated through wage orders.

AB 5449 - AN ACT to amend the labor law, in relation to prohibiting the addition or change to certain wage orders which would have the effect of requiring an employer to pay an employee for time not actually worked

This measure prohibit the commissioner of labor from issuing regulations which require that employers pay employees for time not worked.
This measure provides that any new wage  order, new regulation, or revision of an existing wage order or regulation issued or adopted by the Commissioner of Labor on or after January 1, 2020 shall not be valid if it would have the effect of requiring an employer to pay an employee for time not actually worked.

AB 10251 - AN ACT to amend chapter 383 of the laws of 1991, relating to the incorporation of the New York Zoological Society, in relation to extending the expiration date of free one day admission to the zoological park

This measure extends the expiration date of the one day free admission policy of the zoological park of the Bronx Zoo.
This measure extends the expiration date of the one day free admission policy of the zoological park of the Bronx Zoo for an additional ten years to July 1, 2030.

AB 10349 - AN ACT to amend the labor law, in relation to requiring employers to warn employees of potential hazardous environmental and health conditions in the workplace

This measure would amend labor law by requiring employers to warn employees of potential hazardous environmental and health conditions in the workplace.

The measure would require employers to mitigate those risks, including providing appropriate protective equipment and prohibit retaliation against employees and contract workers who refuse to work in or around those known health and environmental hazards if an employer has failed to mitigate those conditions or provide protective equipment. In addition, the commissioner shall establish procedures to allow employees and contract workers to inform the department of any hazardous health and environmental conditions, or of any employers in violation of this section, and the department shall share known violations of these procedures with appropriate public health or environmental authorities, if necessary.

AB 10353 - AN ACT to amend the labor law, in relation to requiring employers to notify employees if they come into contact with other employees who have been diagnosed in relation to a disease outbreak causing a public health emergency

This measure would require employers to notify employees if they come into contact with other employees who have been infected with a virus that is causing a public health emergency.
The measure would require employers with more than ten employees to notify any employee that has had direct contact with a coworker that has been diagnosed in relation to a disease outbreak causing a public health emergency. Employers would be required to notify each employee in writing within 24 hours of having reasonable knowledge of such diagnosis, in English and in the employee's primary language. The Commissioner of Labor would be required to prepare templates of such notifications, and to determine which languages to provide in addition to English, for employers' use.

AB 10360 - AN ACT to amend the general business law, in relation to prohibiting the charging of membership fees during a state disaster emergency

This measure prohibits a person, partnership, corporation, association or other business entity from charging a consumer any contracted membership fee under certain circumstances during a state disaster emergency.

This measure prohibits an entity from charging a consumer any contracted membership fee when, due to such state disaster emergency:

  1. The contracted service has ceased, partially or fully;
  2. The contracted service has been rendered impossible or illegal;
  3. The non-use of a facility or premises, or the non-rendering or the non-use of a contracted service, has frustrated the purpose of the contract; or
  4. A consumer would experience and demonstrates financial hardship if he or she were to pay such membership fee.
A violation of the provision of this measure is punishable by a civil penalty not to exceed one thousand dollars.

AB 10401 - AN ACT to amend the workers' compensation law, in relation to including exposure to novel coronavirus, COVID-19 as an occupational disease

The measure includes exposure to COVID-19 as an occupational disease in workers' compensation law.

The measure defines exposure to COVID-19 as any and all work that causes workers to COVID-19 exposure to be in contact with the public, patients, inmates, residents, parolees, clients, students, customers, diners, persons in the custody of the state or any of its political subdivisions, or travelers during an outbreak, or any and all work that could expose workers to COVID-19, to include, but not be limited to, work in a hospital, medical facility, laboratory, medical office, nursing home, correctional facility, mental health facility, social services facility, airport, bus station, train station, subway station, park, restaurant, cafeteria, retail facility, airplane, bus, train, subway, university, college, school, daycare facility, childcare facility, hotel, resort, casino, convention center, meeting facility or work for a public utility, work for any businesses deemed to provide essential services during an outbreak, any work outside the home during a period of closure of non-essential businesses, or public employment during an outbreak of COVID-19.

The measure will take effect upon enactment.

AB 10437 - AN ACT to amend the labor law, in relation to establishing an essential workers' bill of rights

This measure would ensure rights, protection and hazard pay for essential workers during a state of emergency. It defines "essential workers" and requires that during a state of emergency, employers of essential workers must implement the essential workers' bill of rights including the following:

  1. Employers must provide adequate personal protective equipment and products at no cost to the workers;
  2. 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;
  3. Employers may not retaliate or discriminate against an essential worker for reporting any unsafe work environment

Specifically, this measure provides that during a state disaster emergency, all employers of essential workers shall adopt and implement the following essential workers' bill of rights which shall be distributed to essential workers, made available on each employer's website, and shall include links or information to file a report and seek a response from such employer or the state regarding any unsafe work environment or failure to meet the requirements of this section:

  1. all employers shall provide essential workers with adequate personal protective equipment and products at no cost to such workers, including but not limited to hand sanitizer, medical or surgical masks, medical or surgical gloves, disposable gowns and any other equipment or product identified in emergency regulations promulgated by the commissioner, in consultation with the commissioner of health;
  2. all employers shall 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; and
  3. no employer shall retaliate or discriminate against an essential worker for reporting any unsafe work environment.
The measure 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.
"Essential worker" means any employee of a business or entity providing essential services or functions during any state disaster emergency declared pursuant to article two-B of the executive law and designated as an essential worker pursuant to any law, rule, regulation or executive order including but not limited to essential health care operations including research and laboratory services; essential infrastructure including utilities, telecommunication, airports and transportation infrastructure; essential manufacturing, including food processing and pharmaceuticals; essential retail including grocery stores and pharmacies; essential services including trash collection, mail, and shipping services; news media; banks and related financial institutions; providers of basic necessities to economically disadvantaged populations; construction; vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses; vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

AB 10838 - AN ACT to amend the general obligations law, in relation to declaring agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable

This declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable.

This measure states that any agreement that exempts an employer from liability for damages for personal injury or death caused by or resulting from the employer's negligence in connection with the handling of measures related to the COVID-19 pandemic are void and unenforceable.

This measure allows an employer to seek damages from a third party that is wholly or partially responsible for the negligence.

SB 450 - AN ACT to amend the labor law, in relation to establishing a training wage

This measure establishes a training wage for young employees.

This measure establishes a training wage equal to 85% of the state minimum wage or 100% of the federal minimum wage, whichever is less, may be paid to a youth who has no prior job experience.

Any youth who receives a training wage and who did not work more than 180 days in the preceding calendar year shall receive at a minimum an annual increase in wages equal to 25% of the difference between the training wage and the state minimum wage until the youth reaches eighteen years old.

SB 476 - AN ACT to amend the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations

This measure amends the labor law, in relation to providing more predictable and stable schedules for employees in low-wage occupations It's purpose is to provide employees in low-wage occupations with predictable and stable schedules that support workplace flexibility.

An employer who operates thirty or more establishments nationwide shall pay an employee for at least four hours at the basic minimum hourly wage for each day on which the employee reports for work but is given fewer than four hours of work.

In addition, the employer shall pay an employee for at least four hours at the basic minimum wage for each day the employee was given specific instructions o contact the employer, or wait to be contacted by the employer, less than twenty-four hours in advance of the start of the potential work shift to determine whether the employee must report to work for such shift.

SB 1113 - AN ACT to amend the labor law, in relation to the calculation of the experience rating charge of certain employers for purposes of contrib- utions to the state unemployment insurance fund

This measure amends the labor law in relation to the calculation of the  experience rating charge of certain employers for purposes of contributions to the state unemployment insurance fund.
This legislation provides that an employer's unemployment experience rating account shall not be charged for a claimant whose employment ends as the result of the return of an employee after family leave.

SB 1132 - AN ACT to amend the labor law, in relation to the schedules that work act

This measure enacts the Schedules That Work Act.

This measure grants an employee the right to request and receive a flexible, predictable or stable work schedule. Provides that an employee may apply to the employer to request a change in the terms and conditions of employment as they relate to: (a) the number of hours the employee is required to work or be on call for work; (b) the times when the employee is required to work or be on call for work; (c) the location where the employee is required to work; (d) the amount of notification the employee receives of work schedule assignments; and (e) minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly or monthly basis. Provides that, when an employee makes such a request, the employer must engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee's needs. Provides process for when such request is denied.

This measure provides that, if an employee makes a request for a change in the terms and conditions of employment because of a serious health condition of the employee, due to the employee's responsibilities as a caregiver or due to the employee's enrollment in a career-related educational or training program, or if a part-time employee makes a request for such a change for a reason related to a second job, the employer must grant the request, unless the employer has a bona fide business reason for denying the request. Allows the employer to deny the request for any reason that is not unlawful. Allows an employee may voluntarily agree with employee's employer to be contacted by employer when employee is needed to work but not on the employer's work schedule. (Page 3-4)
This measure provides requirements for reporting time pay, split shift pay and advance notice of work schedules for retail, food service or cleaning employees, including requiring an employer to pay an employee for no fewer than four hours when scheduled for more than four hours but given fewer than four hours of work. Requires an employer to pay an employee for at least one hour of work when the employee is given specific instructions to contact the employer of the employee involved, or wait to be contacted by the employer, less than 24 hours in advance of the start of a potential work shift to determine whether the employee must report to work for such shift. Requires an employer to pay an employee for an additional one hour of work for each day an employee works a split shift. (Page 4-5)
This measure requires an employer, on an employee's first day, to provide an employee with the minimum number of expected work hours the employee will be assigned to work per month.
This measure requires an employer to post the schedule and keep it posted in a conspicuous place in every establishment where such employee is employed or make the avail- ability of that schedule by electronic means accessible by all employees. (Page 5)
This measure makes it unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this Act or opposing any practice made unlawful by this Act.
This measure makes it unlawful for any person to discharge or in any other manner discriminate against any individual because such individual: (a) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (b) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (c) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act.
This measure provides that an employee who feels they have been denied benefits due under this Act to have a cause of action in any court for the damages caused by a violation. (Page 6)

SB 1136 - AN ACT to amend the executive law, in relation to prohibiting employers from seeking salary history from prospective employees

This measure prohibits using salary history during employment consideration.
This measure stipulates that it shall be unlawful discriminatory practice of any employer, labor organization, employment agency or licensing agency, or employees or agents thereof, to seek a salary history from a prospective employee for an interview or as a condition for employment. This measure states that a salary history may be provided by employee or prospective employee only to negotiate an advanced salary. This measure states that a prospective employer may only confirm a salary history after obtaining a written authorization by prospective employee and proof of that authorization must be preserved.

SB 2879 - AN ACT to amend the labor law, in relation to providing for rest between work shifts

This measure requires sufficient rest between work shift for employees.

This measure would prohibit an employee from working during a rest period, defined as ten hours following the end of a previous calendar day's work shift or ten hours following the end of a shift that spanned two calendar days. The rest period would also apply to an on-call shift. An employee would be allowed to volunteer or agree to work during the rest period, provided that an employee was then paid one and a half times their regular rate of pay.

This measure shall only apply to an employer with 500 or more full- time employees nationwide, or an equivalent number of part-time employees, and to those employers engaged in retail, hospitality, cleaning, or food service work. An employer would be prohibited from retaliating against an employee who refuses to work during a rest period, and violations of this section would be punishable by a civil penalty of $1,000 for each violation and damages paid to an aggrieved employee of at least $100, and worth three times any owed payments for work undertaken during a rest period.

SB 3346 - AN ACT to amend the labor law, in relation to employee work schedules

This measure requires employers to implement fair scheduling practices.
This measure requires employers of retail, food service or cleaning employees to give such employees 7 days notice of their work schedule and a months notice of the minimum hours of work. It creates a private right of action to employees who are aggrieved by certain violations of such provisions. This includes the discharge and discriminate in any other manner against an individual because such individual has files any charge.

SB 3665 - AN ACT to amend the labor law, in relation to flexible working arrangements

This measure gives employees the right to request flexible working arrangements  that meet the needs of both the employer and employee.

This measure allows employees to request a flexible working arrangement that meets the needs of both the employer and employee. The arrangement must be confirmed by the employer. A flexible working arrangement may not reduce any employment rights related to collective bargaining agreements.

Flexible working arrangement is defined as intermediate or long-term changes in the employee's regular working arrangements, including but not limited to, changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, work from home, or job-sharing. It does not include vacation, routine scheduling of shifts, or another form of employee leave.

SB 5044 - AN ACT to amend the labor law and the civil service law, in relation to employees' right to review personnel records

This bill would amend the labor and civil service laws to provide a means by which public and private employees are granted access to their personnel file.

This section goes on to require employers to provide an employee, Attorney of the employee or a representative of a recognized or certified employee organization, the opportunity to review and copy the employee's personnel file. The employee must submit a written request for this right to be exercised.

This same requirement applies for ex employees and is only applicable if a personnel file exists. Former employee's access to personnel records is limited to those who have left the employment within the last three years. The review and copying must take place at the location were the personnel files are maintained and during normal business hours unless, at the employer's discretion, a more convenient time and location for the employee are arranged.
The records in the personnel file may be maintained in any form as long as they allow for their review and copying. If the employer maintains these records on material other than paper they should maintain the equipment necessary to review and copy these files. The employer should take adequate steps to ensure integrity and confidentiality of such employee records.

SB 6600 - AN ACT to amend the general business law, in relation to trampoline park safety

This measure regulates safety procedures in the trampoline park industry.

This measure changes the definition of "commercial trampoline" to include a trampoline bed that is used for recreational jumping, springing, bouncing, acrobatics,  or gymnastics in a trampoline park.

No trampoline park may operate in the state  without a permit issued by the department of state. The permits are not transferable and if the permit holder voluntarily discontinues operation of the trampoline park then all rights under the permit are terminated.

 Before commencement of the operation of a trampoline park the owner must make an application to the department for a permit to operate, which will be accompanied by an annual nonrefundable fee of two hundred dollars. The permit will be valid for one year.

SB 7096 - AN ACT to amend the labor law, in relation to split shifts and minimum wage

This measure relates to minimum wage payments during split shifts.
The measure provides for the payment of the minimum wage for all time past one hour in which an employee is working a split shift.

SB 7254 - AN ACT to amend the labor law, in relation to including bonus compen- sation in the definition of wages and forfeit of wages

This measure includes bonus in the definition of wages for purposes of the labor law when the formula under which a bonus is determined is available to the employer or when the amount of a bonus has been declared.
This measure states that all wages, including bonuses, shall be non-forfeitable once the amount of the wage is known or can with reasonable certainty be known.

Bonus constitutes wages regardless of the source of revenue when:
  1. The formula under which a bonus is determined is certain and all the data utilized in calculating the amount of a bonus under the formula is available to the employer; or
  2. When the amount of a bonus has been declared by the employer.

SB 8059 - AN ACT to amend chapter 383 of the laws of 1991, relating to the incor- poration of the New York Zoological Society, in relation to extending the expiration date of free one day admission to the zoological park

This measure extends the expiration date of the one day free admission policy of the zoological park of the Bronx Zoo.
This measure extends the expiration date of the one day  free admission policy of the zoological park of the Bronx Zoo for an additional ten years to July 1, 2030.

SB 8191 - AN ACT to amend the general business law, in relation to prohibiting the charging of membership fees during a state disaster emergency

This measure prohibits a person, partnership, corporation, association or other business  entity from charging a consumer any contracted membership fee under certain circumstances during a state disaster emergency.

This measure prohibits an entity from charging a consumer any contracted membership fee when, due to such state disaster emergency:

  1. The contracted service has ceased, partially or fully;
  2. The contracted service has been rendered impossible or illegal;
  3. The non-use of a facility or premises, or the non-rendering or the non-use of a contracted service, has frustrated the purpose of the contract; or
  4. A consumer would experience and demonstrates financial hardship if he or she were to pay such membership fee.
A violation of the provision of this measure is punishable by a civil penalty not to exceed one thousand dollars.

SB 8239 - AN ACT to amend the labor law, in relation to requiring employers to notify employees if they come into contact with other employees who have been infected with a virus that is causing a public health emergency

This measure would require employers to notify employees if they come into contact with other employees who have been infected with a virus that is causing a public health emergency.
Specifically, when a  federal, state, or local state of emergency has been declared due to a virus causing a public health emergency and an employee has been  infected with the virus causing such public health emergency, the employers shall notify each employee who has had contact with the  infected employee; provided, however, that employers shall not reveal the name of the infected employee; provided further, however, that such  notifications shall be provided in writing in the employee's native language.

SB 8266 - AN ACT to amend the workers' compensation law, in relation to including exposure to novel coronavirus, COVID-19 as an occupational disease

The measure includes exposure to COVID-19 as an occupational disease in workers' compensation law.
The measure defines exposure to COVID-19 as any and all work that causes workers to COVID-19 exposure to be in contact with the public, patients, inmates, residents, parolees, clients, students, customers, diners, persons in the custody of the state or any of its political subdivisions, or travelers during an outbreak, or any and all work that could expose workers to COVID-19, to include, but not be limited to, work in a hospital, medical facility, laboratory, medical office, nursing home, correctional facility, mental health facility, social services facility, airport, bus station, train station, subway station, park, restaurant, cafeteria, retail facility, airplane, bus, train, subway, university, college, school, daycare facility, childcare facility, hotel, resort, casino, convention center, meeting facility or work for a  public utility, work for any businesses deemed to provide essential services

during an outbreak, any work outside the home during a period of closure of non-essential businesses, or public employment during an outbreak of COVID-19.
The measure will take effect upon enactment.

SB 8308 - AN ACT to amend the labor law, in relation to establishing an essential workers' bill of rights

This measure would ensure rights, protection and hazard pay for essential workers during a state of emergency. It defines "essential workers" and requires that during a state of emergency, employers of  essential workers must implement the essential workers' bill of rights including the following:

  1. Employers must provide adequate personal protective equipment and  products at no cost to the workers;
  2. 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;
  3. Employers may not retaliate or discriminate against an essential worker for reporting any unsafe work environment

Specifically, this measure provides that during a state disaster emergency, all employers of essential workers shall adopt and implement the following essential workers' bill of rights which shall be distributed to essential workers, made available on each employer's website, and shall include links or information to file a report and seek a response from such employer or the state regarding any unsafe work environment or failure to meet the requirements of this section:

  1. all employers shall provide essential workers with adequate  personal protective equipment and products at no cost to such workers, including but not limited to hand sanitizer, medical or surgical masks, medical or surgical gloves, disposable gowns and any other equipment or product identified in emergency regulations promulgated by the commissioner, in consultation with the commissioner of health;
  2. all employers shall 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; and
  3. no employer shall retaliate or discriminate against an essential worker for reporting any unsafe work environment.

The measure 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.

"Essential worker" means any employee of a business or  entity providing essential services or functions during any state disaster emergency declared pursuant to article two-B of the executive law and designated as an essential worker pursuant to any law, rule, regulation or executive order including but not limited to essential health care operations including research and laboratory services; essential infrastructure including utilities, telecommunication, airports and transportation infrastructure; essential manufacturing, including food processing and pharmaceuticals; essential retail including grocery stores and pharmacies; essential services including trash collection, mail, and shipping services; news media; banks and related financial institutions; providers of basic necessities to economically disadvantaged populations; construction; vendors of essential services necessary to maintain the safety, sanitation and essential operations of residences or other essential businesses; vendors that provide essential services or products, including logistics and technology support, child care and services needed to ensure the continuing operation of government agencies and provide for the health, safety and welfare of the public.

SB 8406 - AN ACT to amend the labor law, in relation to providing for minimum wage requirements for miscellaneous industry workers

This measure would eliminate the sub-minimum wage for food service workers, service employees, and miscellaneous industry workers who receive tips.

Specifically, the measure would set a schedule on which cash wages for food service workers, service employees, and miscellaneous industry workers will increase until that wage is equivalent to the minimum wage.

In the City of New York, the cash wage for food service employees  receiving tips will be as follows:

  1. $9.00 per hour on or after December 31, 2020;
  2. $10.50 per hour on or after December 31, 2021;
  3. $12.50 per hour on or after December 31, 2022;
  4. $13.50 per hour on or after December 31, 2023;
  5. $15.00 per hour on or after December 31, 2024;

Beginning on December 31, 2025 the cash wage cannot be less than the minimum wage.

In Nassau, Suffolk, and Westchester Counties the cash wage for food  service employees receiving tips will be as follows:

  1. $8.00 per hour on or after December 31, 2020;
  2. $9.50 per hour on or after December 31, 2021;
  3. $11.00 per hour on or after December 31, 2022;
  4. $13.00 per hour on or after December 31, 2023;
  5. $15.00 per hour on or after December 31, 2024;

Beginning on December 31, 2025 the cash wage cannot be less than the minimum wage.

In all other counties the cash wage for food service employees receiving  tips will be as follows:

  1. $8.00 per hour on or after December 31, 2020;
  2. $9.25 per hour on or after December 31, 2021;
  3. $10.50 per hour on or after December 31, 2022;
  4. $11.50 per hour on or after December 31, 2023;
  5. $12.50 per hour on or after December 31, 2024;

Beginning on December 31, 2025 the cash wage cannot be less than the minimum wage.

For miscellaneous industry workers receiving tips pursuant to 12 NYCRR part 142 working in the City of New York must not be less than:

  1. $13.15 or $13.85 per hour for high tip and low tip employees, respectively on or after June 30, 2020;
  2. $15.00 per hour for both high tip and low tip employees, on or after December 31, 2020.

Beginning on December 31, 2022 the cash wage cannot be less than the minimum wage.

For miscellaneous industry workers receiving tips pursuant to 12 NYCRR part 142 working in the Nassau, Suffolk, and Westchester counties must not be less than:

  1. $11.40 or $12.00 per hour for high tip and low tip employees, respectively on or after June 30, 2020;
  2. $14.00 per hour for both high tip and low tips employees, on or after December 31, 2020.

Beginning on December 31, 2022 the cash wage cannot be less than the minimum wage.

For miscellaneous industry workers receiving tips pursuant to 12 NYCRR part 142 working In all other counties must not be less than:

  1. $10.35 or $10.90 per hour for high tip and low tip employees, respectively on or after June 30, 2020;
  2. $12.50 per hour for both high tip and low tips employees, on or after December 31, 2020.

Beginning on December 31, 2022 the cash wage cannot be less than the minimum wage.

"Miscellaneous industry worker" means any employee covered by the  minimum wage order for miscellaneous industries and occupations pursuant to the provisions of 12 NYCRR part 142, including, but not limited to, car wash attendants, nail salon workers, tow truck drivers, dog groomers, wedding planners, tour guides, valet parking attendants, hairdressers, aestheticians, golf and tennis instructors, and door-persons.

SB 8463 - AN ACT to amend the labor law and the workers' compensation law, in relation to liability of businesses for damages associated with a pandemic

This measure relates to business safety plans and liability of businesses for damages associated with a pandemic.

This measure requires business to develop a business safety plan to provide reasonable and adequate protections from COVID-19 for employees and customers. A business may not be held liable for damages to an employee who contracts COVID-19 if all of the following are met:

  1. the place possessed a completed business safety plan;
  2. the place complied with its business safety plan;
  3. the business safety plan reasonably protected persons employed therein and persons who frequent the place; and
  4. the owners or employers of the workplace were not otherwise grossly negligent.

SB 8587 - AN ACT to amend the general obligations law, in relation to declaring agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable

This declares agreements exempting employers from liability for negligence related to  the COVID-19 pandemic void and unenforceable.

This measure states that any agreement that exempts an employer from liability for damages for personal injury or death caused by or resulting from the employer's negligence in connection with the handling of measures related to the COVID-19 pandemic are void and unenforceable.

This measure allows an employer to seek damages from a third party that is wholly or partially responsible for the negligence.

SB 8774 - AN ACT to amend the labor law, in relation to requiring employers to warn employees of potential hazardous environmental and health conditions in the workplace

This measure would amend labor law by requiring employers to warn employees of potential hazardous environmental and health conditions in the workplace.
The measure would require employers to mitigate those risks, including providing appropriate protective equipment and prohibit retaliation against employees and contract workers who refuse to work in or around those known health and environmental hazards if an employer has failed to mitigate those conditions or provide protective equipment. In addition, the commissioner shall establish procedures to allow employees and contract workers to inform the department of any hazardous health and environmental conditions, or of any employers in violation of this section, and the department shall share known violations of these procedures with appropriate public health or environmental authorities, if necessary.

SB 8800 - AN ACT to amend the labor law, in relation to limiting the civil liability of employers and employees for the spread or possible transmission of COVID-19 caused by an act or omission while acting in good faith

This measure relates to limiting the civil liability of employers and employees for the spread or possible transmission of COVID-19 caused by an act or omission while acting in good faith.

Specifically, the measure amends the labor law to establish definitions and provides that no individual, business trust, legal representative, corporation, company, association, firm, partnership, society, joint stock company, university, school, not-for-profit, religious organization, or any organized group of such entities shall be liable in any civil action for the spread or possible transmission of COVID-19 caused by an act or omission of such person acting in good faith in the workplace.