Assembly Bill A2589

2021-2022 Legislative Session

Relates to flexible working arrangements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A2589 (ACTIVE) - Details

See Senate Version of this Bill:
S1188
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §171, Lab L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3055, S2414
2017-2018: A1214, S500, S7019
2019-2020: A324, S3665
2023-2024: A665, S388

2021-A2589 (ACTIVE) - Summary

Relates to flexible working arrangements; provides that employees may submit a request for flexible working arrangements in good faith; requires the employer to notify the employee of the decision; prohibits employers from retaliating against employees for exercising rights under the section.

2021-A2589 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2589
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M. of A. ROZIC, BARRETT, GOTTFRIED, RODRIGUEZ, L. ROSEN-
   THAL, SEAWRIGHT, SIMON, REYES -- Multi-Sponsored by -- M. of A.  COOK,
   GLICK,  PERRY, J. RIVERA -- read once and referred to the Committee on
   Labor
 
 AN ACT to amend the labor law, in relation to flexible working  arrange-
   ments

   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  171  to
 read as follows:
   §  171.  FLEXIBLE  WORKING  ARRANGEMENT.  1.  DEFINITIONS.  A. FOR THE
 PURPOSES OF THIS SECTION,  "FLEXIBLE  WORKING  ARRANGEMENT"  SHALL  MEAN
 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.  "FLEXIBLE  WORKING
 ARRANGEMENT"  SHALL  NOT INCLUDE VACATION, ROUTINE SCHEDULING OF SHIFTS,
 OR ANOTHER FORM OF EMPLOYEE LEAVE.
   B. FOR THE PURPOSES OF THIS SECTION, "INCONSISTENT WITH BUSINESS OPER-
 ATIONS" SHALL MEAN A DETERMINATION BY THE EMPLOYER BASED ON THE  FOLLOW-
 ING  CONSIDERATIONS:  (I)  THE BURDEN ON AN EMPLOYER OF UNDUE ADDITIONAL
 COSTS; (II) A LEGITIMATE OR PRACTICAL DETRIMENTAL  EFFECT  ON  AGGREGATE
 EMPLOYEE MORALE UNRELATED TO DISCRIMINATION OR OTHER UNLAWFUL EMPLOYMENT
 PRACTICES;  (III)  A  LEGITIMATE  OR PRACTICAL DETRIMENTAL EFFECT ON THE
 ABILITY OF AN EMPLOYER TO  MEET  CONSUMER  DEMAND;  (IV)  A  SIGNIFICANT
 INABILITY  TO  REORGANIZE WORK AMONG EXISTING STAFF; (V) A LEGITIMATE OR
 PRACTICAL INABILITY TO RECRUIT  ADDITIONAL  STAFF;  (VI)  A  SIGNIFICANT
 DETRIMENTAL IMPACT ON BUSINESS QUALITY OR BUSINESS PERFORMANCE; (VII) AN
 INSUFFICIENCY  OF WORK DURING THE PERIODS THE EMPLOYEE PROPOSES TO WORK;
 (VIII) PLANNED STRUCTURAL CHANGES TO THE BUSINESS; AND  (IX)  ANY  OTHER
 REASONS AS SPECIFIED BY THE COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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