S5606A-2011 Actions

• Jan 4, 2012: REFERRED TO LABOR
• Jun 8, 2011: PRINT NUMBER 5606A
• Jun 8, 2011: AMEND AND RECOMMIT TO LABOR
• Jun 6, 2011: REFERRED TO LABOR

S5606A-2011 Memo

BILL NUMBER:S5606A

TITLE OF BILL:
An act
to amend the labor law, in relation
to requiring sexual harassment training for hotel and motel employees

PURPOSE OR GENERAL IDEA OF BILL:
This legislation seeks to educate and empower hotel and motel
employees by educating them about their rights under law against
sexual harassment.

SUMMARY OF PROVISIONS:
Section 1 amends the labor law by adding a new section 202-1,
establishing guidelines for sexual harassment training and reporting
by hotel and motel employees.

Section 2 establishes the effective date.

JUSTIFICATION:
It has become apparent, due to a recent series of sexual assaults on
hotel employees in the City of New York and beyond, that
comprehensive education about sexual harassment and greater
protective protocols for these employees must be established. It has
also become clear that safe, non-hostile working environments in
which employees are certain of their rights, that allow employees to
feel secure in reporting incidents of sexual harassment, and that
codify the means of reporting and responding to these incidents, must
be established.

To ensure employee safety, and unhindered reporting, this legislation
would authorize the creation and distribution of a ~Know Your Rights"
brochure to be given to all hotel and motel employees, in addition to
formal training provided by employers on how to recognize, report and
cope with sexual harassment. A ~no retaliation" clause is included to
ensure that employees are protected when they report incidences of
sexual harassment without the threat of retaliation by employers or
those accused.

Small family-owned and operated hotels, motels and bed and breakfast
facilities will not be required to adhere to certain provisions
within this bill.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

S5606A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5606--A
 2011-2012 Regular Sessions
 I N  SENATE
 June 6, 2011
 
 Introduced  by  Sens. LITTLE, KRUEGER -- read twice and ordered printed,
 and when printed to be committed to the Committee on Labor --  commit
 tee  discharged, bill amended, ordered reprinted as amended and recom
 mitted to said committee
 

AN ACT to amend the labor law, in relation to requiring  sexual  harass
 ment training for hotel and motel employees
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The labor law is amended by adding a new section  202-l  to
 read as follows:

 

S  202-L. SEXUAL HARASSMENT TRAINING FOR HOTEL AND MOTEL EMPLOYEES. 1.
 ON OR AFTER THE NINETIETH DAY AFTER THE EFFECTIVE DATE OF THIS  SECTION,
 HOTELS  AND  MOTELS  SHALL  PROVIDE  SEXUAL  HARASSMENT  TRAINING TO ITS
 EMPLOYEES VIA A CLASSROOM OR OTHER EFFECTIVE  INTERACTIVE  TRAINING  AND
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING TOPICS:

 (A)  INFORMATION  AND  PRACTICAL GUIDANCE REGARDING FEDERAL, STATE AND
 LOCAL STATUTORY LAWS ABOUT SEXUAL HARASSMENT;
 (B) INFORMATION ABOUT THE CORRECTION  OF  SEXUAL  HARASSMENT  AND  THE
 REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT;
 (C)  PRACTICAL  EXAMPLES  AIMED  AT  INSTRUCTING  SUPERVISORS  IN  THE
 PREVENTION OF SEXUAL HARASSMENT, DISCRIMINATION, AND RETALIATION.
 2. HOTELS AND MOTELS SHALL HAVE TWO MONTHS FROM THE HIRING DATE OF ANY
 NEW EMPLOYEE TO PROVIDE SEXUAL HARASSMENT TRAINING FOR SUCH EMPLOYEE.
 3. EMPLOYEES SHALL RECEIVE TRAINING EVERY TWO  YEARS  FOLLOWING  THEIR
 INITIAL TRAINING.
 4.  ON  OR BEFORE APRIL FIRST FOLLOWING THE TRAINING REQUIRED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION, AND EVERY YEAR THEREAFTER, OPERATORS
 OF SUCH HOTEL OR MOTEL SHALL CERTIFY TO THE DEPARTMENT  THAT  THEY  HAVE
 CONDUCTED  SEXUAL  HARASSMENT  TRAINING  AND SHALL INCLUDE AN ELECTRONIC
 LIST OF THE EMPLOYEES WHO PARTICIPATED IN THE TRAINING.  THE  DEPARTMENT
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11855-07-1
 
       S. 5606--A                          2
 WILL  ISSUE  A HOTEL OR MOTEL A CERTIFICATE OF COMPLIANCE UPON RECEIVING
 SUCH LIST.
 5.  IMMEDIATELY  UPON  COMMENCEMENT  OF  EMPLOYMENT AND PRIOR TO THEIR
 SEXUAL HARASSMENT TRAINING, EMPLOYEES SHALL BE  PROVIDED  WITH  A  "KNOW
 YOUR  RIGHTS" BROCHURE DETAILING THE RIGHTS AND REMEDIES AVAILABLE UNDER
 FEDERAL, STATE AND LOCAL LAW. THE BROCHURE  SHALL  BE  PRODUCED  BY  THE
 DEPARTMENT,  IN  PLAIN  ENGLISH,  AND  SHALL  BE MADE AVAILABLE IN OTHER
 LANGUAGES, INCLUDING BUT NOT LIMITED TO SPANISH, HAITIAN FRENCH, CHINESE
 AND RUSSIAN.   EMPLOYEES SHALL SIGN A STATEMENT  ON  A  DOCUMENT  TO  BE
 PRODUCED BY THE DEPARTMENT, CERTIFYING THAT THEY HAVE RECEIVED THE "KNOW
 YOUR RIGHTS" BROCHURE REQUIRED PURSUANT TO THIS SECTION.
 6.  EMPLOYERS SHALL CONSPICUOUSLY POST AN EMPLOYEE'S BILL OF RIGHTS TO
 BE PROMULGATED BY THE DEPARTMENT. THE BILL OF RIGHTS SHALL BE WRITTEN IN
 PLAIN ENGLISH, AND SHALL BE MADE AVAILABLE IN OTHER LANGUAGES, INCLUDING
 BUT NOT LIMITED TO SPANISH, HAITIAN FRENCH, CHINESE AND RUSSIAN.
 7.   THE DEPARTMENT SHALL ESTABLISH  PROTOCOL  FOR  SEXUAL  HARASSMENT
 TRAINING WHICH SHALL BE AVAILABLE ONLINE TO HOTELS AND MOTELS SUBJECT TO
 THE PROVISIONS OF THIS SECTION.
 8. UNDER THE SUPERVISION OF THE DEPARTMENT, ALL EMPLOYERS SHALL CREATE
 AND  IMPLEMENT  A  COMPREHENSIVE  AND  CONFIDENTIAL  INCIDENT  REPORTING
 SYSTEM, AND SHALL PUT CLEAR PROCEDURES IN PLACE TO GUIDE  EMPLOYEES  AND
 MANAGERS IN THE REPORTING OF SEXUAL HARASSMENT INCIDENTS.
 9.  FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL RESULT
 IN A PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST  VIOLATION,  AND  FOR
 THE SECOND AND EACH SUBSEQUENT VIOLATION, THE PENALTY SHALL BE ONE THOU
 SAND DOLLARS.
 10.  (A)  A  CLAIM  THAT  THE  TRAINING AND EDUCATION REQUIRED BY THIS
 SECTION DID NOT REACH A PARTICULAR INDIVIDUAL OR INDIVIDUALS  SHALL  NOT
 IN  AND OF ITSELF RESULT IN THE LIABILITY OF ANY EMPLOYER TO ANY PRESENT
 OR FORMER EMPLOYEE OR APPLICANT IN ANY ACTION  ALLEGING  SEXUAL  HARASS
 MENT.    CONVERSELY, AN EMPLOYER'S COMPLIANCE WITH THIS SECTION DOES NOT
 INSULATE THE EMPLOYER FOR LIABILITY FOR SEXUAL HARASSMENT OF ANY CURRENT
 OR FORMER EMPLOYEE OR APPLICANT.
 (B) EMPLOYERS SHALL BE PROHIBITED FROM RETALIATING AGAINST ANY EMPLOY
 EE WHO EXERCISES THEIR RIGHTS UNDER THIS SECTION OR ANY OTHER SECTION OF
 LAW, OR ANY EMPLOYEE REPORTING A COMPLAINT TO MANAGEMENT OR THE AUTHORI
 TIES THAT THEY HAVE NOT RECEIVED TRAINING PURSUANT TO THIS SECTION OR  A
 COMPLAINT OF SEXUAL HARASSMENT.
 11. THE TRAINING AND EDUCATION REQUIRED BY THIS SECTION IS INTENDED TO
 ESTABLISH  A MINIMUM THRESHOLD AND SHOULD NOT DISCOURAGE, OR RELIEVE ANY
 EMPLOYER FROM PROVIDING FOR LONGER, MORE  FREQUENT,  OR  MORE  ELABORATE
 TRAINING  AND EDUCATION REGARDING WORKPLACE HARASSMENT OR OTHER FORMS OF
 UNLAWFUL DISCRIMINATION IN ORDER TO MEET ITS  OBLIGATIONS  TO  TAKE  ALL
 REASONABLE  STEPS  NECESSARY  TO  PREVENT  AND  CORRECT  HARASSMENT  AND
 DISCRIMINATION.
 12. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:

 (A)  "HOTEL" AND/OR "MOTEL" SHALL MEAN ESTABLISHMENTS DISTINGUISHED AS
 HOTELS, MOTELS, BUNGALOW COLONIES, OR ANY OTHER ESTABLISHMENT COMPARABLE
 OR EQUIVALENT TO ANY OF THOSE PREVIOUSLY MENTIONED. THE TERM  SHALL  NOT
 INCLUDE  THOSE  PLACES  OR  FACILITIES NOT HAVING THE GENERAL CHARACTER
 ISTICS OF A HOTEL OR MOTEL AS THAT TERM IS GENERALLY UNDERSTOOD AND  THE
 COMMISSIONER  OF HEALTH SHALL HAVE THE POWER TO EXCEPT FROM THIS ARTICLE
 AND THE SANITARY CODE A PLACE OR FACILITY THAT IS NOT WITHIN THE  INTENT
 OF  THIS  DEFINITION  OF  A MOTEL OR HOTEL.   THE TERM SHALL NOT INCLUDE
 SMALL FAMILY OWNED AND OPERATED HOTELS, MOTELS OR BED AND BREAKFASTS.
 
       S. 5606--A                          3
 (B) "EMPLOYEE" SHALL MEAN ANY PERSON EMPLOYED FOR HIRE INCLUDING  SUB
 CONTRACTORS WHO WORKS TWENTY HOURS OR MORE PER WEEK.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized and directed to be made
 and completed on or before such effective date.

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