Relates to employee petitions to participate in a shared work program and to employer responses to such petitions; requires such petitions to be submitted to the commissioner of labor and to be made available for public access on the department of labor website.
Summary
This bill amends New York Labor Law section 605-a, which governs the state’s shared work program. It creates a formal process for employees who reasonably expect layoffs, or who have already been laid off because of a workforce reduction, to petition their employer in writing to apply for participation in the shared work program. The program is intended to help avoid layoffs or facilitate the re-hiring of workers by allowing reduced hours to be shared among employees instead of eliminating jobs entirely.
Under the bill, an employer must respond in writing within seven days after receiving a petition. The response must state whether the employer will apply to participate in the shared work program, explain the reason for the decision, and, if applicable, report the outcome of the application. The employer must also submit both the employee petition and the employer’s response to the Commissioner of Labor, and the commissioner must post both documents publicly on the Department of Labor website. The bill also prohibits retaliation or adverse action against employees for using this petition process.
Impact
The bill would expand the procedural requirements tied to New York’s shared work program by adding employee-initiated petitions, mandatory employer responses, reporting to the Department of Labor, and public disclosure of the petition and response. It would affect employers facing workforce reductions, employees seeking to preserve jobs or restore employment after layoffs, and the Department of Labor, which would receive and publish the records. The measure does not change eligibility for the shared work program itself, but it increases transparency and creates a documented record of employer decisions.
Sentiment
No committee transcript or vote record is available, so there is no documented debate or recorded sentiment from legislative proceedings in the provided materials. Based on the bill text, the measure appears aimed at worker protection and transparency, suggesting a pro-employee policy approach. The absence of votes or hearing discussion means support or opposition cannot be assessed from the supplied record.
Contention
The main potential point of contention is the bill’s requirement that employers publicly disclose employee petitions and their written responses, which could raise privacy, administrative burden, or reputational concerns for employers. Employers may also object to the short seven-day response deadline and the requirement to explain decisions in writing. On the other hand, employee advocates would likely support the bill’s anti-retaliation protections, mandatory employer response, and public access provisions as tools to increase accountability and preserve jobs during layoffs.
Prohibiting the employment of unauthorized employees; requiring hotel and lodging industry employers to verify the Social Security numbers of employees; imposing duties on the Department of Labor and Industry; and imposing penalties.
REPORT of the SPECIAL JOINT COMMITTEE on INITIATIVE PETITIONS on the INITIATIVE PETITION of VICKI JEAN MCAULEY AND OTHERS FOR THE PASSAGE OF AN ACT RELATIVE TO LABOR RELATIONS POLICIES FOR COMMITTEE FOR PUBLIC COUNSEL SERVICES EMPLOYEES (see House, No. 5009)