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.
Summary
S05559 would strengthen New York’s protections for employees who are summoned for jury duty. The bill amends the Judiciary Law to make clear that an employer may not discharge, penalize, or otherwise discriminate against a worker because the worker is absent from employment to serve as a juror. It also preserves the existing rule allowing employers to withhold wages during jury service, while continuing the special protection that employers with more than ten employees may not withhold the first forty dollars of a juror’s daily wages during the first three days of service.
The bill goes beyond the current criminal-contempt remedy by adding enforcement under the Labor Law. It would make violations subject to civil penalties enforced by the Commissioner of Labor, authorize liquidated damages and other relief, and allow an employee to bring a civil action for reinstatement, lost pay, front pay, costs, and attorneys’ fees. It also extends the retaliation framework in Labor Law section 215 to expressly cover employees who exercise their right to be absent for jury service, and it creates a class B misdemeanor penalty for violators. The measure takes effect 30 days after enactment.
Impact
The bill would amend both the Judiciary Law and the Labor Law, expanding the legal remedies available when an employer retaliates against an employee for jury service. It would add a new Labor Law enforcement pathway, including administrative civil penalties, liquidated damages, and private lawsuits, while also clarifying that the statute of limitations is tolled during a Labor Department investigation. The bill also updates related contempt provisions to include retaliation tied to jury service and subpoenaed witness service, and it expressly excludes state and municipal employees from the new Labor Law section. In practical terms, the bill would increase employer exposure and give jurors stronger tools to enforce their right to serve without workplace retaliation.
Sentiment
The available voting history suggests the bill had meaningful but not unanimous support. It passed the Senate Judiciary Committee 16-3 and later cleared the Senate floor 40-19, indicating broad majority backing but a substantial minority in opposition. The bill’s framing as a worker-protection and civic-duty measure likely contributed to support, especially because it builds on existing jury-service protections rather than creating a wholly new entitlement. The absence of committee transcript excerpts limits insight into detailed debate, but the vote margins show the measure was generally favored while still drawing notable resistance.
Contention
The main point of contention is the expansion of remedies and enforcement mechanisms. Supporters appear to favor giving employees a private right of action and Labor Department civil penalties to deter retaliation and make jury service practically feasible for workers. Opponents likely object to the added liability for employers, including liquidated damages, attorneys’ fees, reinstatement remedies, and criminal misdemeanor exposure, as well as the broader anti-retaliation language that ties jury-service absences into the Labor Law’s existing complaint framework. Another possible point of debate is the bill’s exclusion of state and municipal employees, which narrows its reach and may reflect a compromise or a limitation that some stakeholders could question.
Same As
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.
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.
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.
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.
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.