NY-LAB Labor Law NY

Section 1. Short title. This chapter shall be known as the "Labor

Law."

Definitions. Whenever used in this chapter:

1. "Department" means the department of labor of the state of New

York.

2. "Commissioner" means the commissioner of labor of the state of New

York.

3. "Board," as determined by the context, shall mean either the

workmen's compensation board or the industrial board of appeals of the

state of New York.

4. "Rule" means any rule or regulation made by the industrial

commissioner and any amendment or repeal thereof.

5. "Employee" means a mechanic, workingman or laborer working for

another for hire.

6. "Employer" means the person employing any such mechanic, workingman

or laborer, whether the owner, proprietor, agent, superintendent,

foreman or other subordinate.

7. "Employed" includes permitted or suffered to work.

8. "Person" includes a corporation or a joint-stock association.

8-a. "Agent" of a corporation includes, but is not limited to, a

manager, superintendent, foreman, supervisor or any other person

employed acting in such capacity.

9. "Factory" includes a mill, workshop or other manufacturing

establishment where one or more persons are employed at manufacturing,

including making, altering, repairing, finishing, bottling, canning,

cleaning or laundering any article or thing, in whole or in part, and

includes all buildings, sheds, structures or other places used for or in

connection therewith, except (a) dry dock plants engaged in making

repairs to ships and (b) power houses, generating plants and other

structures owned or operated by a public service corporation or a

municipal corporation other than construction or repair shops, subject

to the jurisdiction of the public service commission and (c) structures,

operated as refrigerated warehouses for the handling, packing,

refrigeration and storage of fruits and vegetables and which are subject

to the jurisdiction of or licensed by the department of agriculture and

markets, also structures used in cleaning or packing celery. The

provisions of this chapter affecting structural changes and alterations

shall not apply to factories or to any buildings, sheds or other places

used for or in connection therewith where less than six persons are

employed at manufacturing except as otherwise prescribed by the rules.

10. "Factory building" means a building, shed or structure which, or

any part of which, is occupied by or used for a factory, and in which at

least one-tenth or more than twenty-five of all the persons employed in

the building are engaged in work for a factory, but shall not include a

building in a city having a population of more than one million, used

exclusively by one employer and in which not more than one-tenth of all

the persons employed therein are engaged in work for a factory and

which, except for such factory work, would be classified as a mercantile

establishment. The provisions of this chapter shall apply to any part of

a building occupied or used as a factory, except as otherwise provided

by this subdivision.

11. "Mercantile establishment" means a place where one or more persons

are employed in which goods, wares or merchandise are offered for sale

and includes a building, shed or structure, or any part thereof,

occupied in connection with such establishment. The provisions of this

chapter affecting structural changes and alterations shall not apply to

mercantile establishments where less than six persons are employed

except as otherwise prescribed by the rules.

12. "Place of public assembly" shall include (1) a theatre, (2) moving

picture house, (3) assembly halls maintained or leased for pecuniary

gain where one hundred or more persons may assemble for amusement or

recreation, except (a) halls owned by churches, religious organizations,

granges, and public association and free libraries as defined by section

two hundred fifty-three of the education law, and (b) hotels having

fifty or more rooms.

13. "Public building" shall include a factory building, an office

building, a mercantile building, a hotel building, a theatre building, a

warehouse building, an apartment building, a state or municipal

building, a school, a college or university building, a building

containing a place of public assembly maintained or leased for pecuniary

gain, or any other building more than one story high except a dwelling

house less than three stories high or occupied by less than three

families.

14. All references to male employees in this chapter shall be deemed

to include female employees.

15. "Minor" means any person who has not attained the age of eighteen

years.

16. "Domestic worker" shall mean a person employed in a home or

residence for the purpose of caring for a child, serving as a companion

for a sick, convalescing or elderly person, housekeeping, or for any

other domestic service purpose. "Domestic worker" does not include any

individual (a) working on a casual basis, (b) who is engaged in

providing companionship services, as defined in paragraph fifteen of

subdivision (a) of section 213 of the fair labor standards act of 1938,

and who is employed by an employer or agency other than the family or

household using his or her services, or (c) who is a relative through

blood, marriage or adoption of: (1) the employer; or (2) the person for

whom the worker is delivering services under a program funded or

administered by federal, state or local government.

17. All references to labor law, chapter, article or section shall be

deemed to include any rule, regulation or order promulgated thereunder

or related thereto.

18. "Farm laborer" shall mean any individual who works on a farm and

is an employee under article nineteen of this chapter. Members of an

employer's immediate family who are related to the third degree of

consanguinity or affinity shall not be considered to be employed on a

farm if they work on a farm out of familial obligations and are not paid

wages, or other compensation based on their hours or days of work.

Prohibited employment. Whenever the provisions of this chapter

prohibit the employment of a person in certain work or under certain

conditions the employer shall not permit such person to so work, with or

without compensation, and in a prosecution or action therefor lack of

consent by the employer shall be no defense.

Work for a factory. Work shall be deemed to be done for a factory

whenever it is done at any place upon the work of a factory or upon any

of the materials entering into the product of the factory, whether under

contract or arrangement with any person in charge of or connected with

such factory directly or indirectly through one or more contractors or

other third persons.

Department of labor; commissioner of labor. There shall continue

to be in the state government a department of labor. The head of the

department shall be the commissioner of labor. The commissioner of

labor shall be appointed by the governor, by and with the advice and

consent of the senate and hold office until the end of the term of the

governor by whom he was appointed, and until his successor is appointed

and has qualified. The present commissioner of labor shall be the head

of such department and shall hold office until the expiration of his

present term and until his successor is appointed and has qualified,

subject to the provisions of the public officers law. Whenever the

industrial commissioner is referred to or designated in any law, rule,

regulation, contract or document heretofore or hereafter enacted,

adopted or executed, such reference or designation shall be deemed to

refer to the commissioner of labor.

Domestic violence policy. The commissioner shall study the

issue of employees separated from employment due to acts of domestic

violence as referred to in and qualified by section four hundred

fifty-nine-a of the social services law. The commissioner shall consult

with the New York state office for the prevention of domestic violence

and its advisory council, the department of social services, the

division of women and members of the public in preparing such study.

Such study shall include a review of case histories in which

unemployment compensation was sought and an analysis of the policies in

other states. A copy of such study shall be transmitted to the temporary

president of the senate and the speaker of the assembly on or before

January fifteenth, nineteen hundred ninety-six and shall contain policy

recommendations.

Domestic violence employee awareness and assistance. The

commissioner shall assist the office for the prevention of domestic

violence in the creation, approval and dissemination of the model

domestic violence employee awareness and assistance policy as further

defined in subdivision nine of section five hundred seventy-five of the

executive law. Upon completion and approval of the model plan as

outlined in subdivision nine of section five hundred seventy-five of the

executive law, the commissioner shall assist in the promotion of the

model policy to businesses in New York state.

Workforce guidance and information for women initiative. 1.

The department shall provide guidance to local workforce investment

boards and staff, to enable them to better educate and inform both women

and men about higher paying jobs and careers including jobs

traditionally dominated by men. Such guidance shall promote program

services for job seekers that provide:

(a) current information about compensation for jobs and careers that

offer high earning potential including jobs that are traditionally

dominated by men;

(b) counseling, skills development and training that encourage both

women and men to seek employment in such jobs;

(c) referrals to employers offering such jobs; and

(d) current local labor market information regarding the gender wage

gap and specific self-sufficiency rates for families living and working

in that local labor market.

2. The commissioner shall prepare and submit to the governor, the

temporary president of the senate, and the speaker of the assembly an

annual evaluation report of the initiative no later than January first,

two thousand eighteen, and every year thereafter. The report shall

include:

(a) how many women were referred to counseling or skills development

and training for jobs and careers that offer high earning potential,

including jobs traditionally dominated by men;

(b) how many women were referred to such jobs;

(c) the ratio of women to men in such jobs and any change in that

ratio from the previous year; and

(d) any other information the commissioner deems relevant.

Deputy commissioner. There shall be a deputy commissioner, who

shall be appointed by and removed at the pleasure of the commissioner.

Transmission of labor market information. 1. For the purposes of

this section:

a. Department means the department of labor of the state of New York.

b. Commissioner means the industrial commissioner of the state of New

York.

c. Education department means the education department of the state of

New York.

d. Labor market information is defined to include, but not be limited

to, industry and occupational projections for those standard

metropolitan statistical areas for which the department compiles such

information and for the state of New York, "Applications and Openings"

publication, and the "New York State Annual Planning Report", providing,

however, that the commissioner shall have the power to include

additional publications, projections and other data to this definition

of labor market information.

e. Forward-facing employment data is defined to include, but not be

limited to, current and projected employment opportunities in the state

of New York, and shall include, but not be limited to, factors such as

geographical location or required training and experience for such

opportunities.

2. When it is jointly determined by the department and the education

department that labor market information or forward-facing employment

data prepared by the department is adequate in this prepared form, the

department shall transmit a copy of such information and data to: every

school district in the state of New York maintaining approved career

education programs, with a list of such school districts to be furnished

to the department by the education department; every board of

cooperative educational services maintaining approved career education

programs, with a list of such boards of cooperative educational services

to be furnished to the department by the education department; and every

community college and agricultural and technical institute in the state

of New York maintaining approved career education programs, with a list

of such colleges and institutes to be furnished to the department by the

education department. The education department shall regularly update

such lists to keep them current and transmit changes to the department

expeditiously.

3. The commissioner shall transmit to those school districts, boards

of cooperative educational services and community colleges and

agricultural and technical institutes located within a particular labor

market area, labor market information or forward-facing employment data

compiled for that area.

4. (a) The transmission of labor market information shall occur as

frequently as such labor market information is compiled or published by

the department, and in as expeditious a manner as possible following

such compilation or publication.

(b) The transmission of forward-facing employment data shall occur

bi-monthly, and in as expeditious a manner as possible following such

compilation or publication.

5. If a publication noted by title in this section shall be

discontinued by the department, the department shall transmit, pursuant

to the provisions of this section, the publication published by the

department which, in its opinion, provides the information most similar

to that information which had previously been provided by the

discontinued publication.

6. If a publication noted by title in this section shall have such

title changed, the department shall continue to transmit such

publications with its new title.

7. When the department and the education department jointly determine

that labor market information or forward-facing employment data prepared

by the department, to be transmitted pursuant to this section, requires

an explanatory analysis to be utilized to its fullest potential, the

education department shall provide an analysis of the information or

data, written in clear, concise and easily understandable language. Such

analysis shall consider, but not be limited to a consideration of, the

following: instructions for the proper use of such information or data

by individuals involved in the planning and development of career

education, the proper use of such information or data by individuals

involved in vocational and educational guidance, and the proper use of

such information or data by current and prospective career education

pupils in the selection of career education programs likely to offer the

greatest potential for employment upon graduation.

8. To effectuate the purposes of this section, the commissioner and

the commissioner of education, or their authorized designees, shall meet

on a regular basis which shall not be less than once a month, excepting

July and August when such meeting shall be discretionary.

9. It shall be the responsibility of such school districts, boards of

cooperative educational services, and community colleges and

agricultural and technical institutes in receipt of such publications

and sources of labor market information or forward-facing employment

data enumerated in this section to provide copies of such labor market

information or forward-facing employment data to those individuals

responsible for vocational and educational guidance at such school

districts, boards of cooperative educational services, community

colleges and agricultural and technical institutes.

Passenger tramway advisory council. 1. To advise the

commissioner of labor in relation to his duties and responsibilities

under the provisions of section two hundred two-c and article twenty-six

of this chapter, there shall be in the department an advisory council,

to be known as the passenger tramway advisory council, consisting of

seven members to be appointed by the governor, by and with the advice

and consent of the senate, and one of whom shall be designated as

chairman by the governor. Each of four members of the council shall be

an officer or employee of a ski center, and three members of the council

shall be representatives of the public and shall not be, nor within five

years immediately preceding appointment have been an officer or employee

of a ski center.

2. The term of each member of such advisory board shall be for five

years, or until a successor is appointed. Any member of the board chosen

to fill a vacancy occurring otherwise than by expiration of term shall

be appointed for the unexpired term of the member whom he is to succeed.

Any member of the council may be removed by the governor for misconduct,

incompetence or neglect of duty after being given a written statement of

the charges and an opportunity to be heard thereon.

3. Each member of the advisory council shall serve without salary or

other compensation, but shall be allowed necessary and actual

transportation expenses incurred in the performance of his or her

duties, and when in travel status shall receive an additional fifty-five

dollars and when in travel status in a county or a city with a

population in excess of seven hundred thousand an additional

seventy-five dollars.

4. The advisory council shall consider all matters in connection with

ski tows, other passenger tramways and downhill skiing referred to it by

the commissioner and advise him with respect thereto, and on its own

initiative, or upon the suggestion of others, may make such

recommendations to the commissioner in connection with ski tows, other

passenger tramways and downhill skiing as, after consideration by it,

may be deemed necessary.

5. The commissioner shall designate an officer or employee of the

department to act as secretary of the advisory council, who shall not be

a member of such council and who shall not receive any additional

compensation therefor.

6. The advisory council may adopt rules and regulations to govern its

own proceedings. The secretary shall keep a complete record of all

proceedings of the advisory council which shall show the names of the

members present at each meeting and every matter considered by the

advisory council and the action taken thereon. Such records shall be

filed in the office of the department.

* § 12-d. Advisory council on farm labor safety. 1. There is hereby

established in the department of labor an advisory council on farm labor

safety to make a study and investigation of the problems of providing

adequate protection to farm workers against injuries arising out of

their employment. Such study and investigation shall include: (a) the

unique and special conditions involved in farm safety; (b) the need for

education and training programs for the protection of farm workers

against accidents; (c) the identification of areas where existing

educational and training programs are insufficient to provide adequate

protection to farm workers against accidents; (d) the methods of

encouraging farmers and farm groups to establish such education and

training programs; and (e) all matters and approaches for the protection

of farm workers against accidents referred by the industrial

commissioner.

2. The advisory council shall consist of ten members appointed by the

industrial commissioner. The members shall be representative of farmers,

growers, farm workers and other persons and groups concerned with

agricultural safety. One of the members shall be designated as chairman

by the industrial commissioner. The chairman of the board of standards

and appeals, the commissioner of agriculture and markets, the

commissioner of education, and the dean of the college of agriculture at

Cornell University, or their designated representatives, shall be

additional members of the council, who shall serve by virtue of their

positions, without voting power.

The industrial commissioner shall designate an officer or employee of

the department of labor to act as secretary of the advisory council, who

shall not be a member of such council and who shall not receive any

additional compensation therefor.

3. The advisory council may take testimony, subpoena witnesses, and

require the production of books, records and papers, and hold public or

private hearings.

4. The advisory council may request and shall receive such assistance,

service and data from any agency of the state or from any political

subdivision thereof as will enable it properly to carry out its

activities hereunder and effectuate the purposes herein set forth.

5. The advisory council shall, from time to time, but not less

frequently than on December first of each year, submit a report to the

industrial commissioner, and shall submit a final report on or before

March thirty-first, nineteen hundred seventy-two. Such reports may

include such recommendations as the council finds appropriate on the

basis of its studies and investigations.

6. The appointed members of the advisory council shall receive no

compensation for their services but shall receive in lieu of expenses

incurred in the performance of their duties the sum of sixty dollars for

each day or part thereof spent in attendance at meetings or otherwise in

the work of the council, but no member shall receive in excess of twelve

hundred dollars during any one fiscal year.

7. The advisory council may adopt rules and regulations to govern its

own proceedings. The secretary shall keep a record of all proceedings of

the council, which shall show the name of each member present at the

meetings and every matter considered by the council and the action taken

thereon. Such records shall be filed in the office of the secretary of

the department of labor.

* NB Expired March 31, 1972

Oaths of office. The industrial commissioner, members of the

industrial board of appeals and the deputy commissioner shall, before

entering upon the duties of their office, take and subscribe the

constitutional oath of office. Such oaths shall be filed in the office

of the department of state.

Offices of the department. The principal office of the

department shall be in the city of Albany in rooms designated by the

commissioner of general services as provided by law. There shall be a

branch office in the city of New York and other branch offices may be

established and maintained by the department in such places as the

industrial commissioner may determine and for which appropriations are

made by the legislature. The industrial commissioner may, with the

commissioner of commerce and the commissioner of transportation, develop

and institute a procedure for the uniform collection of employment and

economic data within the state for use in connection with the scheduling

of public works projects.

Seal. The commissioner may adopt a seal of the department and

require that it be used for the authentication of orders and proceedings

and for such other purpose as he may prescribe.

Vacancies and removals. If a vacancy shall occur or exist in the

office of the industrial commissioner it shall be filled by appointment

by the governor, by and with the advice and consent of the senate, for a

term expiring with that of the governor by whom the appointment was

made. The governor may remove the commissioner in the manner provided by

the public officers law.

Expenses. The commissioner shall devote his entire time to the

duties of his office. The reasonable and necessary expenses of the

department and the reasonable and necessary traveling and other expenses

of the commissioner, deputy commissioner and other officers and

employees of the department, while actually engaged in the performance

of their duties, outside of the city of Albany, or if any such officer

or employee be in charge of or actually employed at a branch office of

the department, the reasonable and necessary traveling and other

expenses outside of the place in which such branch office is located,

shall be paid from the state treasury upon the audit and warrant of the

comptroller, upon vouchers approved by the commissioner.

Officers and employees. The officers, deputy commissioners and

employees of the department of labor in office when this section takes

effect shall continue in office subject to the power of removal or the

appointment of their successors as provided in this chapter. There shall

be in such department and the commissioner may appoint such heads of

divisions or bureaus and such inspectors, investigators, statisticians

and other assistants and employees as he shall deem necessary for the

exercise of the powers and the performance of the duties of the

department.

The commissioner may transfer officers or employees from their

positions to other positions in the department, or abolish or

consolidate such positions. The commissioner may remove from office any

officer or employee in the department. All such transfers, removal of

employees or officers and abolishment or consolidation of positions

shall be made in accordance with the provisions of the civil service

law.

Sick leave for per diem employees. A per diem officer or

employee holding a position in the competitive, non-competitive or labor

class of the civil service of the state whose compensation or salary is

on a per diem basis may be granted a sick leave with pay of not more

than thirty days in each year by the head of the department, bureau,

commission, agency, board or council of said state. The provisions of

this section shall not apply to any employee who is subject to the rules

governing sick leave, vacation and other time allowances adopted by the

state civil service commission pursuant to law.

Divisions or bureaus. Existing divisions or bureaus in the

department shall continue until changed, consolidated or abolished

pursuant to this section. The commissioner may establish such divisions

or bureaus as may be necessary for the administration and operation of

the department, under this chapter, and may change, consolidate or

abolish divisions or bureaus. Each division and bureau shall be subject

to the supervision and direction of the commissioner, and shall have

jurisdiction of such matters, exercise such powers and perform such

duties as may be assigned to it by the commissioner.

General powers and duties of commissioner. The commissioner

shall be the administrative head of the department and shall have,

notwithstanding any provision of law to the contrary, general

administrative supervision over the several divisions, boards,

commissions, bureaus, and agencies thereof whether established under the

provisions of this chapter or the workmen's compensation law and in

connection therewith, the commissioner:

1. Shall enforce all the provisions of this chapter and may issue such

orders as he finds necessary directing compliance with any provision of

this chapter, except as in this chapter otherwise provided;

2. Shall cause proper inspections to be made of all matters prescribed

by this chapter;

3. Shall cause investigations to be made of the condition of women in

industry;

* 3-a. Shall prepare and submit to the governor, the temporary

president of the senate and the speaker of the assembly on or before the

thirtieth day of September an annual report on the status of older

workers including those over the age of sixty-five in New York state.

Such report shall describe in detail the employment needs of such older

workers and the ability of existing state employment services to deal

with the problems of older workers. The report shall consider the need

for affirmative action, training, counseling, development of alternative

work schedules, job development activities within the public and private

sector, and the need for improved use by older workers of publicly

funded programs for employment and employment-related services. The

report shall also consider the economic impact of unemployment among

older workers and shall contain recommendations, including the

associated costs, for improved programs or for changes in statutes or

regulations to provide increased employment opportunities for older

workers.

* NB Expired October 1, 1981

4. Shall inquire into and report on the causes of all strikes,

lockouts and other industrial controversies or labor disputes, and may

appoint boards of inquiry for that purpose;

5. Shall institute methods and procedures for the establishment of a

program for voluntary compliance by employers and employees with the

requirements of this act and all applicable safety and health standards

and rules and regulations promulgated pursuant to the authority of this

article;

6. Shall provide a method of encouraging employers and employees in

their efforts to reduce the number of safety and health hazards arising

from undesirable, inappropriate, or unnecessary working conditions at

the workplace and of stimulating employers and employees to institute

new and to perfect existing programs for providing safe and healthful

working conditions;

7. May provide for the establishment and maintenance of public

employment offices for the purpose of securing employment for men, women

and children;

8. May make investigations, collect and compile statistical

information and report upon the conditions of labor generally and upon

all matters relating to the enforcement and effect of the provisions of

this chapter and of the rules thereunder;

9. May enforce any lawful municipal ordinance, by-law or regulation

relating to any place affected by the provisions of this chapter, not in

conflict with provisions of this chapter;

10. May investigate the condition of noncitizens relative to their

employment in industry;

11. May issue such regulations governing any provision of this chapter

as he finds necessary and proper.

12. Shall compile and publish, on an annual basis, a list of all

regulations and notices required to be posted by employers for the

benefit of their employees pursuant to this chapter, the workers'

compensation law and any other state or federal law, rule or regulation.

13. Shall adopt regulations prescribing the methodology for

establishing an ongoing monthly statewide cost of labor index and an

annual county or appropriate multi-county labor market composite wage

rate, in consultation with the commissioner of education, for the

purpose of computation of building aid to school districts, as required

by subparagraph one of paragraph a of subdivision six of section

thirty-six hundred two of the education law.

14. Shall do all things necessary for the operation of the New York

state data center established in the department in cooperation with the

United States bureau of the census; to cooperate with other state

agencies, universities, regional organizations, boards, commissions, and

other entities in the dissemination of socio-economic information and

data through the New York state data center program; in relation to such

information and data, to provide technical assistance to other state

agencies, universities, regional organizations, boards, commissions and

other entities; and to prepare estimates and the official projections of

population, households and other characteristics of the state for use by

all state agencies. All employees transferred to the department shall be

transferred without further examination or qualification to the same or

similar titles and shall remain in the same collective bargaining units

and shall retain their respective civil service classifications, status

and rights pursuant to their collective bargaining units and collective

bargaining agreements.

15. Shall establish and maintain an online database to catalogue and

make available information on workforce development funding programs.

Such catalogue shall be updated no less than annually. For purposes of

this subdivision, the term "workforce development funding program" shall

mean a program that funds or provides targeted educational, occupational

or training services for the purpose of effecting the employability of

the participant, provides training or employment services, supports an

economic development activity by enhancing the skills of the state's

workforce, prepares individuals for employment, improves opportunities

for individuals to become employed, or promotes understanding of the

state labor force market through statistical studies, including but not

limited to programs that fund or provide English as a second language

and adult literacy. For each workforce development funding program, the

online database shall include, but not be limited to, the following

information for each funding program:

(i) the name of the funding program and the agency administering the

funding program;

(ii) a description of the purpose of the funding program;

(iii) a specific program Uniform Resource Locator ("URL"), if any;

(iv) the year the program was established;

(v) a catalog of federal domestic assistance numbers, if any;

(vi) the legal authority, including statute and regulation citations;

(vii) the program and fiscal contact information including agency

name, telephone number, and email address;

(viii) all eligibility requirements;

(ix) any program and special restrictions;

(x) any action or actions required to receive aid; and

(xi) a description of aid which shall include, but not be limited to,

the flow of funds between entities, the type of aid formula used, any

matching requirements and any maintenance of effort.

16. Beginning on December first, two thousand twenty-four, and every

December first thereafter, the department shall prepare a report of the

catalogue of workforce development funding programs established pursuant

to subdivision fifteen of this section comprised of analysis conducted

by the agency or entity responsible for each workforce development

funding program on the outcomes and effectiveness of such funding

programs and the number of persons served by such funding. Such analysis

must be submitted to the department by a date specified by the

department each year. Such report shall be submitted to the governor,

the temporary president of the senate, the speaker of the assembly, the

minority leader of the senate and the minority leader of the assembly

and shall be made publicly available on the department's website.

* § 21-a. The industrial commissioner is hereby authorized to enter

into agreements with the appropriate agencies of the United States,

whereby, in accordance with a law of the United States, the commissioner

shall cooperate with such appropriate agencies of the United States in

the administration and operation of programs of vocational training or

retraining, or the development of job skills, authorized by such law.

The commissioner shall cooperate with other departments, divisions and

agencies of the state in connection with any such programs and perform

such acts and exercise such powers as may be necessary to entitle the

state to receive benefits under such agreement. The commissioner is

further authorized to receive and disburse funds from the United States

or any agency thereof, in accordance with any such agreement.

* NB Enacted without section heading.

Power of the industrial commissioner to make agreements for

federal reimbursement to the state of certain expenses in connection

with veterans' training. The industrial commissioner is hereby

authorized to enter into agreements with the United States veterans'

administration to reimburse the state for expenses heretofore incurred

or hereafter to be incurred in connection with the administration of the

training of veterans and in the rendition of other services by the state

as provided for under title two of the "Servicemen's Readjustment Act of

1944" as now in force or as it may hereafter be amended, except with

respect to payments by the federal government for tuition, and other

fees and charges incidental thereto, of veterans attending state

educational institutions.

Power of commissioner to enter into agreements relating to

certain federal acts. The commissioner is hereby authorized and

empowered to take such steps, not inconsistent with law, as may be

necessary or desirable for the purpose of procuring for the people of

this state all of the benefits and assistance, financial or otherwise in

connection with or provided or to be provided for by or pursuant to, the

federal farm labor contractor registration act of nineteen hundred

sixty-three, the federal economic opportunity act of nineteen hundred

sixty-four, as amended, the federal fair labor standards act of nineteen

hundred thirty-eight, as amended, and the occupational safety provisions

of any federal act. The commissioner may enter into agreements with

appropriate agencies of the United States, and with any political

subdivision of the state, as may be necessary or required to receive

such benefits and assistance. The commissioner is further authorized to

receive and disburse such funds from the United States or any agency

thereof, or from any political subdivision of the state, in accordance

with the terms of any such agreement. The commissioner shall cooperate

with other departments, divisions, agencies, and political subdivisions

of the state in connection with any such agreement.

Power of commissioner to enter into agreement relating to

information obtained by the state directory of new hires. The

department, through the commissioner, shall enter into the agreement

provided for in section one hundred seventy-one-h of the tax law, and

shall take such other actions as may be necessary to carry out the

agreement provided for in such section for matching beneficiary records

of workers' compensation and state employment security programs with

information provided by employers to the state directory of new hires

for the purposes of verifying eligibility for such benefits and for

administering workers' compensation and state employment security

programs.

Powers of the commissioner to prepare and issue a notice to be

posted at worksite. 1. The commissioner is hereby authorized to prepare

and issue a notice to be posted at the worksite of each and every

apparel or garment manufacturer or contractor known to the department in

this state. Such notice shall be in English, Spanish, Chinese and

Korean, be printed in at least ten point type and shall clearly state:

(a) The duties of employers with regard to the rights of employees to

the receipt and payment of wages;

(b) A toll free number at the department to which employees may direct

questions or register complaints concerning an employer's failure to pay

wages or the conditions of employment; and

(c) The address of the regional department to file a complaint.

2. The notice required pursuant to subdivision one of this section

shall be distributed to employers in the apparel and garment industries

to be posted in a visible and prominent location within the worksite.

Job transition plan for certain climate risk-related and

energy transition projects. 1. The commissioner, in consultation with

labor organizations, shall develop a comprehensive plan to transition,

train, or retrain employees that are impacted by climate risk-related

and energy transition projects funded from the New York climate action

fund climate investment account established pursuant to section

ninety-nine-qq of the state finance law. This plan shall include a

method of allowing displaced and transitioning workers, including

affected labor organizations, to notify the commissioner of the loss of

employment, their previous title, and previous wage rates including

whether they previously received medical benefits, retirement benefits,

and/or other benefits. The plan shall require employers to notify the

commissioner of workers laid off or discharged due to climate

risk-related and energy transition projects funded from the New York

climate action fund climate investment account established pursuant to

section ninety-nine-qq of the state finance law.

2. Funding shall be made available for worker transition and

retraining, which shall include funding as provided by subdivision

twenty-seven-d of section one thousand five of the public authorities

law.

3. The commissioner shall create a program pursuant to which, where

applicable and feasible, newly created job opportunities shall be

offered to a pool of transitioning workers who have lost their

employment or will be losing their employment in the energy sector due

to climate risk-related and energy transition projects funded from the

New York climate action fund climate investment account established

pursuant to section ninety-nine-qq of the state finance law. Such

program shall include a method for the commissioner to communicate names

and contact information for displaced or transitioning workers to public

entities that may have job opportunities for such workers every ninety

days.

Administrative regulations. The commissioner may make, amend and

repeal regulations necessary for the internal administration of the

department, and not in conflict with the rules adopted by the workmen's

compensation board or the industrial board of appeals pursuant to this

chapter for the enforcement of the labor law. Such regulations shall not

be deemed rules within the meaning of this chapter unless the context

otherwise requires.

Delegation of powers by commissioner. The commissioner may by

order filed in the department delegate any of his powers to or direct

any of his duties to be performed by the deputy commissioner or a head

of a division or bureau of such department.

Power to enter and inspect premises. The commissioner or the

officers and employees of the department shall inspect every place which

is, or which they have reasonable cause to believe is, affected by the

provisions of this chapter, and they may in the discharge of their

duties enter any such places.

Power to administer the New York youth jobs program tax

credit.

(a) The commissioner is authorized to establish and administer the

program established under this section to provide tax incentives to

employers for employing at risk youth in part-time and full-time

positions. There will be ten distinct pools of tax incentives. Program

one will cover tax incentives allocated for two thousand twelve and two

thousand thirteen. Program two will cover tax incentives allocated in

two thousand fourteen. Program three will cover tax incentives allocated

in two thousand fifteen. Program four will cover tax incentives

allocated in two thousand sixteen. Program five will cover tax

incentives allocated in two thousand seventeen. Program six will cover

tax incentives allocated in two thousand eighteen. Program seven will

cover tax incentives allocated in two thousand nineteen. Program eight

will cover tax incentives allocated in two thousand twenty. Program nine

will cover tax incentives allocated in two thousand twenty-one. Program

ten will cover tax incentives allocated in two thousand twenty-two.

Program eleven will cover tax incentives allocated in two thousand

twenty-three. Program twelve will cover tax incentives allocated in two

thousand twenty-four. Program thirteen will cover tax incentives

allocated in two thousand twenty-five. Program fourteen will cover tax

incentives allocated in two thousand twenty-six. Program fifteen will

cover tax incentives allocated in two thousand twenty-seven. The

commissioner is authorized to allocate up to twenty-five million dollars

of tax credits under program one, ten million dollars of tax credits

under program two, twenty million dollars of tax credits under program

three, fifty million dollars of tax credits under each of programs four

and five, and forty million dollars of tax credits under programs six,

seven, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen.

(b) Definitions. (1) The term "qualified employer" means an employer

that has been certified by the commissioner to participate in the

program established under this section and that employs one or more

qualified employees.

(2) The term "qualified employee" means an individual:

(i) who is between the age of sixteen and twenty-four;

(ii) who resides in a city with a population of fifty-five thousand or

more or a town with a population of four hundred eighty thousand or

more;

(iii) who is low-income or at-risk, as those terms are defined by the

commissioner;

(iv) who is unemployed prior to being hired by the qualified employer;

and

(v) who will be working for the qualified employer in a full-time or

part-time position that pays wages that are equivalent to the wages paid

for similar jobs, with appropriate adjustments for experience and

training, and for which no other employee has been terminated, or where

the employer has not otherwise reduced its workforce by involuntary

terminations with the intention of filling the vacancy by creating a new

hire.

(3) For programs four and five, the tax credit under each program

shall be allocated as follows: (i) thirty million dollars of tax credit

for qualified employees; and (ii) twenty million dollars of tax credit

for individuals who meet all of the requirements for a qualified

employee except for the residency requirement of subparagraph (ii) of

paragraph two of this subdivision, which individuals shall be deemed to

meet the residency requirements of subparagraph (ii) of paragraph two of

this subdivision if they reside in New York state.

(4) For programs six, seven, eight, nine, ten, eleven, twelve,

thirteen, fourteen, and fifteen the tax credit under each program shall

be allocated as follows: (i) twenty million dollars of tax credit for

qualified employees; and (ii) twenty million dollars of tax credit for

individuals who meet all of the requirements for a qualified employee

except for the residency requirement of subparagraph (ii) of paragraph

two of this subdivision, which individuals shall be deemed to meet the

residency requirements of subparagraph (ii) of paragraph two of this

subdivision if they reside in New York state.

(c) A qualified employer shall be entitled to a tax credit equal to

(1) seven hundred fifty dollars per month for up to six months for each

qualified employee the employer employs in a full-time job or three

hundred seventy-five dollars per month for up to six months for each

qualified employee the employer employs in a part-time job of at least

twenty hours per week or ten hours per week when the qualified employee

is enrolled in high school full-time, (2) fifteen hundred dollars for

each qualified employee who is employed for at least an additional six

consecutive months by the qualified employer in a full-time job or seven

hundred fifty dollars for each qualified employee who is employed for at

least an additional six consecutive months by the qualified employer in

a part-time job of at least twenty hours per week or ten hours per week

when the qualified employee is enrolled in high school full-time, and

(3) an additional fifteen hundred dollars for each qualified employee

who is employed for at least an additional year after the completion of

the time periods and satisfaction of the conditions set forth in

paragraphs one and two of this subdivision by the qualified employer in

a full-time job or seven hundred fifty dollars for each qualified

employee who is employed for at least an additional year after the

completion of the time periods and satisfaction of the conditions set

forth in paragraphs one and two of this subdivision by the qualified

employer in a part-time job of at least twenty hours per week or ten

hours per week when the qualified employee is enrolled in high school

full time. The tax credits shall be claimed by the qualified employer as

specified in subdivision thirty-six of section two hundred ten-B and

subsection (tt) of section six hundred six of the tax law.

(d) To participate in the program established under this section, an

employer must submit an application (in a form prescribed by the

commissioner) to the commissioner after January first, two thousand

twelve but no later than November thirtieth, two thousand twelve for

program one, after January first, two thousand fourteen but no later

than November thirtieth, two thousand fourteen for program two, after

January first, two thousand fifteen but no later than November

thirtieth, two thousand fifteen for program three, after January first,

two thousand sixteen but no later than November thirtieth, two thousand

sixteen for program four, after January first, two thousand seventeen

but no later than November thirtieth, two thousand seventeen for program

five, after January first, two thousand eighteen but no later than

November thirtieth, two thousand eighteen for program six, after January

first, two thousand nineteen but no later than November thirtieth, two

thousand nineteen for program seven, after January first, two thousand

twenty but no later than November thirtieth, two thousand twenty for

program eight, after January first, two thousand twenty-one but no later

than November thirtieth, two thousand twenty-one for program nine, after

January first, two thousand twenty-two but no later than November

thirtieth, two thousand twenty-two for program ten, after January first,

two thousand twenty-three but no later than November thirtieth, two

thousand twenty-three for program eleven, after January first, two

thousand twenty-four but no later than November thirtieth, two thousand

twenty-four for program twelve, after January first, two thousand

twenty-five but no later than November thirtieth, two thousand

twenty-five for program thirteen, after January first, two thousand

twenty-six but no later than November thirtieth, two thousand twenty-six

for program fourteen, and after January first, two thousand twenty-seven

but no later than November thirtieth, two thousand twenty-seven for

program fifteen. The qualified employees must start their employment on

or after January first, two thousand twelve but no later than December

thirty-first, two thousand twelve for program one, on or after January

first, two thousand fourteen but no later than December thirty-first,

two thousand fourteen for program two, on or after January first, two

thousand fifteen but no later than December thirty-first, two thousand

fifteen for program three, on or after January first, two thousand

sixteen but no later than December thirty-first, two thousand sixteen

for program four, on or after January first, two thousand seventeen but

no later than December thirty-first, two thousand seventeen for program

five, on or after January first, two thousand eighteen but no later than

December thirty-first, two thousand eighteen for program six, on or

after January first, two thousand nineteen but no later than December

thirty-first, two thousand nineteen for program seven, on or after

January first, two thousand twenty but no later than December

thirty-first, two thousand twenty for program eight, on or after January

first, two thousand twenty-one but no later than December thirty-first,

two thousand twenty-one for program nine, on or after January first, two

thousand twenty-two but no later than December thirty-first, two

thousand twenty-two for program ten, on or after January first, two

thousand twenty-three but no later than December thirty-first, two

thousand twenty-three for program eleven, on or after January first, two

thousand twenty-four but no later than December thirty-first, two

thousand twenty-four for program twelve, on or after January first, two

thousand twenty-five but no later than December thirty-first, two

thousand twenty-five for program thirteen, on or after January first,

two thousand twenty-six but no later than December thirty-first, two

thousand twenty-six for program fourteen, and on or after January first,

two thousand twenty-seven but no later than December thirty-first, two

thousand twenty-seven for program fifteen. As part of such application,

an employer must:

(1) agree to allow the department of taxation and finance to share its

tax information with the commissioner. However, any information shared

as a result of this agreement shall not be available for disclosure or

inspection under the state freedom of information law, and

(2) allow the commissioner and its agents and the department of

taxation and finance and its agents access to any and all books and

records of employers the commissioner may require to monitor compliance.

(e) If, after reviewing the application submitted by an employer, the

commissioner determines that such employer is eligible to participate in

the program established under this section, the commissioner shall issue

the employer a preliminary certificate of eligibility that establishes

the employer as a qualified employer. The preliminary certificate of

eligibility shall specify the maximum amount of tax credit that the

employer may be allowed to claim and the program year under which it may

be claimed. The maximum amount of tax credit the employer is allowed to

claim shall be computed as prescribed in subdivision (c) of this

section.

(e-1)(1) To receive an annual final certificate of tax credit, the

qualified employer must annually submit, on or before January

thirty-first of the calendar year subsequent to the payment of wages

paid to an eligible employee, a report to the commissioner, in a form

prescribed by the commissioner. The report must demonstrate that the

employer has satisfied all eligibility requirements and provided all the

information necessary for the commissioner to compute an actual amount

of credit allowed.

(2) After reviewing the report and finding it sufficient, the

commissioner shall issue an annual final certificate of tax credit. Such

certificate shall include, in addition to any other information the

commissioner determines is necessary, the following information:

(i) The name and employer identification number of the qualified

employer;

(ii) The program year for the corresponding credit award;

(iii) The actual amount of credit to which the qualified employer is

entitled for that calendar year or the fiscal year in which the annual

final certificate is issued, which actual amount cannot exceed the

amount of credit listed on the preliminary certificate but may be less

than such amount; and

(iv) A unique certificate number identifying the annual final

certificate of tax credit.

(e-2) In determining the amount of credit for purposes of the annual

final certificate of tax credit, the portion of the credit described in

paragraph one of subdivision (c) of this section shall be allowed for

the calendar year in which the wages are paid to the qualified employee,

the portion of the credit described in paragraph two of subdivision (c)

of this section shall be allowed for the calendar year in which the

additional six consecutive month period ends, and the portion of the

credit described in paragraph three of subdivision (c) of this section

shall be allowed for the calendar year in which the additional year of

consecutive employment ends after the completion of the time periods and

satisfaction of the conditions set forth in paragraphs one and two of

subdivision (c) of this section. If the qualified employer's taxable

year is a calendar year, the employer shall be entitled to claim the

credit as calculated on the annual final certificate of tax credit on

the calendar year return for which the annual final certificate of tax

credit was issued. If the qualified employer's taxable year is a fiscal

year, the employer shall be entitled to claim the credit as calculated

on the annual final certificate of tax credit on the return for the

fiscal year that encompasses the date on which the annual final

certificate of tax credit is issued.

(e-3) The commissioner shall establish guidelines and criteria that

specify requirements for employers to participate in the program

including criteria for certifying qualified employees, and issuing the

preliminary certificate of eligibility and annual final certificate of

tax credit. Such requirements may include the types of industries that

the employers are engaged in. The commissioner may give preference to

employers that are engaged in demand occupations or industries, or in

regional growth sectors, including but not limited to those identified

by the regional economic development councils, such as clean energy,

healthcare, advanced manufacturing and conservation. In addition, the

commissioner shall give preference to employers who offer advancement

and employee benefit packages to the qualified individuals.

(f) The commissioner shall annually publish a report. Such report must

contain the names and addresses of any employer issued a preliminary

certificate of eligibility under this section, the amount of New York

youth works tax credit allowed to the qualified employer as specified on

an annual final certificate of tax credit and any other information as

determined by the commissioner.

Power to administer the workers with disabilities tax credit

program. (a) The commissioner is authorized to establish and administer

the workers with disabilities tax credit program to provide tax

incentives to employers for employing individuals with developmental

disabilities. The commissioner is authorized to allocate up to six

million dollars of tax credits annually.

(b) Definitions. (1) The term "qualified employer" means an employer

that has been certified by the commissioner to participate in the

workers with disabilities tax credit program and that employs one or

more qualified employees.

(2) The term "qualified employee" means an individual:

(i) who is deemed to have a developmental disability, as that term is

defined in subdivision twenty-two of section 1.03 of the mental hygiene

law and who is certified by the education department or the office for

people with developmental disabilities as a person with a disability

which constitutes or results in a substantial handicap to employment;

and

(ii) who is a current employee of a sheltered workshop, which for

purposes of this subdivision is defined as an organization or

environment that employs people with disabilities segregated from

others; or who was unemployed for at least three months prior to January

first, two thousand fifteen; and

(iii) who has worked for the qualified employer in a full-time or

part-time position that pays wages that are equivalent to the wages paid

for similar jobs, with appropriate adjustments for experience and

training, and for which no other employee has been terminated, or where

the employer has not otherwise reduced its workforce by involuntary

terminations with the intention of filling the vacancy by creating a new

hire; and

(iv) who has not worked for an entity related to the qualified

employer in the past twenty-four months; and

(v) is employed in New York at a location in New York state.

(c) A qualified employer shall be entitled to a tax credit. The tax

credits shall be claimed by the qualified employer as specified in

subdivision forty-eight of section two hundred ten-B and subsection (zz)

of section six hundred six of the tax law.

(d) To participate in the workers with disabilities tax credit

program, an employer must submit an application (in a form prescribed by

the commissioner) to the commissioner. The commissioner shall establish

guidelines that specify requirements for employers to participate in the

program including criteria for certifying qualified employees. Any

regulations that the commissioner determines are necessary may be

adopted on an emergency basis notwithstanding anything to the contrary

in section two hundred two of the state administrative procedure act.

Such requirements may include the types of industries that the employers

are engaged in.

(e) If, after reviewing the application submitted by an employer, the

commissioner determines that such employer is eligible to participate in

the workers with disabilities tax credit program, the commissioner shall

issue the employer a preliminary certificate of eligibility that

establishes the employer as a qualified employer. The certificate of

eligibility shall specify the maximum amount of workers with

disabilities tax credit that the employer will be allowed to claim. At

the end of the taxable year, a qualified employer must obtain a final

certificate of eligibility from the commissioner to file with a return

claiming the credit. The final certificate must contain the

certificate's taxable year to which the credit applies, the maximum

amount of the credit allowed, the qualified employer's name and employer

identification number, the employer's business address where the claimed

employees were employed, the social security numbers of claimed

employees and their hire and termination dates, verification that the

claimed employees have met the statutory definition of "qualified

employee", and each employee's total hours worked each quarter, hourly

wage, and full-time or part-time status.

(f) The tax credits provided under this program shall be applicable to

taxable periods beginning before January first, two thousand

twenty-nine.

Power to administer the empire state apprenticeship tax credit

program. (a) The commissioner is authorized to establish and administer

the empire state apprenticeship tax credit program to provide tax

incentives to certified employers for employing qualified apprentices

pursuant to an apprenticeship agreement registered with the department

pursuant to paragraph (d) of subdivision one of section eight hundred

eleven of this chapter. The commissioner is authorized to allocate up to

ten million dollars of tax credits annually, beginning in two thousand

eighteen and ending before two thousand twenty-eight. Any unused annual

allocation of the credit shall be made available in each of the

subsequent years before two thousand twenty-eight.

(b) Definitions. (1) The term "qualified apprenticeship agreement"

means an apprenticeship agreement as defined by section eight hundred

sixteen of this chapter that has been registered with, and approved by,

the commissioner, for a trade other than a construction trade.

(2) The term "qualified employer" means an employer that has or

participates in a commissioner approved registered apprenticeship

program.

(3) The term "construction" means constructing, reconstructing,

altering, maintaining, moving, rehabilitating, repairing, renovating,

fabricating, servicing, or demolition of any building, structure, or

improvement, or component, or relating to the excavation of or other

development or improvement to land.

(4) The term "participating employer" means a qualified employer that

has applied to participate in the empire state apprenticeship tax credit

program and received a preliminary certificate of tax credit from the

commissioner. The preliminary certificate shall state the maximum amount

of the tax credit that the employer may be able to claim if the

applicant becomes a "certified employer."

(5) The term "certified employer" means a qualified employer that has

received a final certificate of eligibility from the commissioner after

the commissioner has determined that the qualified employer has

fulfilled all the requisite eligibility criteria to participate in the

empire state apprenticeship tax credit program established in this

section. The final certificate of eligibility shall state the actual

amount of tax credit that a certified employer is entitled to claim and

the allocation year of the credit.

(6) The term "qualified apprentice" means an individual employed by a

participating employer in a full time position for at least six months

of a calendar year pursuant to a qualified apprenticeship agreement with

a qualified employer. No individual employed by a qualified employer

shall be deemed a qualified apprentice if such individual has not

completed their apprenticeship training program within one year of their

expected date of completion of their program.

(7) The term "disadvantaged youth" means an individual:

(i) who is between the ages of sixteen and twenty-four when the youth

begins the apprenticeship; and

(ii) who is low-income or at-risk, as those terms are defined by the

commissioner.

(8) The term "mentor" means an individual who provides instruction,

guidance, and support to the apprentice on a regular basis throughout

the apprentice's completion of the apprenticeship as the apprentice

seeks employment in the field or industry of the apprenticeship. The

goal of the mentor is to help train the apprentice in his or her trade

and to help the apprentice successfully complete the apprenticeship and

to secure and retain employment.

(c)(1) A certified employer shall be entitled to a tax credit against

income or franchise tax for each qualified apprentice. The base credit

allowed under this program shall be computed as follows:

(A) (1) two thousand dollars for each first year apprentice; (2) three

thousand dollars for each second year apprentice;(3) four thousand

dollars for each third year apprentice; (4) five thousand dollars for

each fourth year apprentice; and (5) six thousand dollars for each fifth

year apprentice. The apprentice's status as a first, second, third,

fourth or fifth year apprentice will be determined on the last day of

the calendar year, or if the apprentice is no longer employed by the

participating employer on the last day of the calendar year, on the last

day of the apprentice's employment with the participating employer; or

(B) in lieu of the credit specified in subparagraph (A) of this

paragraph, for each qualified apprentice who is considered a

disadvantaged youth for each tax year: (1) five thousand dollars for

each first year apprentice; (2) six thousand dollars for each second

year apprentice; and (3) seven thousand dollars for each third, fourth,

or fifth year apprentice. The apprentice's status as a first, second,

third, fourth or fifth year apprentice will be determined on the last

day of the calendar year, or if the apprentice is no longer employed by

the participating employer on the last day of the calendar year, on the

last day of the apprentice's employment with the participating employer.

If a disadvantaged youth begins an apprenticeship before the age of

twenty-five, a certified employer shall be eligible to continue to

receive the tax credit for such youth under this subparagraph until that

apprentice completes the apprenticeship.

(2) If an apprentice has been trained in his or her trade by a mentor

for the entirety of the calendar year, the base credit amounts described

in paragraph one of this subdivision shall be increased by five hundred

dollars.

(3) The certified employer shall not be allowed a tax credit under

this program for any apprentice, if that apprentice is the basis for any

other state tax credit.

(d) Application and approval process. (1) To participate in the

program established under this section, a qualified employer must submit

to the commissioner an application in a form prescribed by the

commissioner. As part of such application, a qualified employer must:

(A) Agree to allow the department of taxation and finance to share its

tax information with the department. However, any information shared as

a result of this agreement shall not be available for disclosure or

inspection under the state freedom of information law.

(B) Allow the department and its agents access to any and all books

and records the department may require to monitor compliance.

(2) After reviewing a qualified employer's completed application and

determining that the qualified employer will meet the eligibility

conditions set forth under this section and any applicable regulations

promulgated by the commissioner, the commissioner may admit the

applicant into the program as a participating employer and provide the

applicant with a preliminary certificate of eligibility establishing the

qualified employer as a participating employer and stating the maximum

amount of credit for which the applicant may be eligible.

(3) To receive a final certificate of tax credit, the participating

employer must annually submit a final report to the commissioner, in a

form prescribed by the commissioner. The report must demonstrate that

the applicant has satisfied all eligibility requirements and provided

all the information necessary for the commissioner to compute an actual

amount of credit allowed for that calendar year, notwithstanding the

fact that a participating employer's taxable year may be a fiscal year,

as defined in subdivision ten of section two hundred eight of the tax

law.

(4) After reviewing the final report and finding it sufficient, the

commissioner shall certify the participating employer as a certified

employer and issue a final certificate of tax credit. Such certificate

shall include, but not be limited to, the following information:

(A) The name and employer identification number of the certified

employer;

(B) The actual amount of credit to which the certified employer is

entitled for that calendar year, which actual amount cannot exceed the

amount of credit listed on the preliminary certificate but may be less

than such amount;

(C) The allocation year of the credit.

(5) If a certified employer's taxable year is a fiscal year, it shall

be entitled to claim the credit on the return for the fiscal year that

includes the last day of the calendar year covered by the final

certificate of tax credit.

(e) The commissioner shall establish guidelines and criteria that

specify requirements for qualified employers to participate in the

program including criteria for certifying qualified apprentices. Any

regulations that the commissioner determines are necessary and are

consistent with the purpose of this article may be adopted on an

emergency basis notwithstanding any provisions to the contrary in the

state administrative procedure act. The commissioner may give preference

to qualified employers that hire and train disadvantaged youth through

qualified apprenticeship agreements, and qualified employers that are

engaged in demand occupations or industries, or in regional growth

sectors, including those identified by the department, such as clean

energy, health care, technology, including software engineering and web

development, advanced manufacturing and conservation. In addition, the

commissioner may give preference to employers that employ apprentices in

newly established apprenticeship programs. The commissioner also may

take the following factors into consideration when evaluating whether to

approve an application in a year subsequent to the year in which a

qualified employer was determined to be a certified employer:

(1) the length of the qualified apprenticeship agreement the employer

has entered into;

(2) how many apprentices have graduated from the apprenticeship

program to which the qualified apprentice employed by the employer

belongs;

(3) how many apprentices in the apprenticeship program the qualified

employer has hired; and

(4) any other factors the commissioner deems relevant.

(f) The commissioner shall annually publish a report. Such report must

contain the names and addresses of any certified employer issued a final

certificate of eligibility under this section, the work location of each

apprentice generating credit, the amount of empire state apprenticeship

tax credit allowed to the certified employer as specified on such final

certificate of eligibility, and the number of each of the first year

apprentices, second year apprentices, third year apprentices, fourth

year apprentices, and fifth year apprentices, and how many of each of

those types are considered disadvantaged youth. The commissioner shall

include in such report the relevant industries of certified employers

and recommendations for legislative or other action to further the

intent and purpose of the empire state apprenticeship tax credit

program.

(g) The commissioner shall promote, publish and disseminate

information concerning the empire state apprenticeship tax credit and

other available funding, particularly targeting industries and fields of

business not currently taking advantage of apprenticeships.

Examination of books and papers. All papers, books, records or

other documents required to be kept by the provisions of this chapter or

of the industrial code shall at all times be open for the inspection of

the commissioner and the officers and employees of the department, and

the persons in charge thereof shall afford every reasonable facility for

their examination and permit copies to be made when required by the

commissioner.

Safety and health standards. 1. Application. Notwithstanding

any other provision in this chapter, a safety or health standard

promulgated under this section shall apply only to employees not covered

by a federal occupational safety or health standard promulgated under

section six of the United States Occupational Safety and Health Act of

1970 (Public Law, 91-596). Provided, however, that no standard

promulgated under this section shall apply to employees of the state,

its political subdivisions and of any other governmental agency or

instrumentality, to whom section twenty-seven-a of this chapter is

applicable.

2. Standards. a. The commissioner shall by rule adopt, amend or repeal

safety and health standards which provide reasonable and adequate

protection to the lives, safety or health of employees and of persons

lawfully frequenting a place of employment.

b. The commissioner may require licenses as a condition of carrying on

any industry, trade, occupation or process which the commissioner finds

contains special elements of danger to the lives, safety or health of

employees to whom this section is applicable or of persons lawfully

frequenting the place of employment of such employees. The commissioner

may establish a schedule of fees for such licenses, require medical

inspection and supervision of persons so employed or applying for such

employment, and may prescribe other appropriate requirements.

c. Any person who may be adversely affected by a standard issued under

this section may at any time within sixty days after the effective date

of such standard, commence a proceeding for judicial review pursuant to

article seventy-eight of the civil practice law and rules.

d. The safety and health standards promulgated under this section

shall for all purposes have the full force and effect of law and shall

be enforced in the same manner as the provisions of this article.

e. Any provision of this chapter and any rule or regulation issued

under the provisions of this chapter relating to the protection of the

safety or health of employees to whom this section is applicable and of

persons lawfully frequenting the place of employment of such persons

which is in effect on the date that this act becomes effective shall be

deemed to be a safety and health standard issued under this section,

with all provisions of this article applicable, and shall continue in

effect until superseded by a corresponding safety and health standard

issued on or after the effective date of this act.

f. The provisions of this section shall supersede any other provision

of this chapter which is inconsistent or in conflict therewith.

3. Regulations. The commissioner may promulgate such regulations as he

shall consider necessary and proper to effectuate the purposes and

provisions of this section.

Safety and health standards for public employees. 1.

Definitions. As used in this section:

* a. "Employer" means the state, any political subdivision of the

state, a public authority or any other governmental agency or

instrumentality thereof.

* NB Effective until enactment of legislation by the state of New

Jersey

* a. "Employer" means the state, any political subdivision of the

state, a public authority, a bi-state authority utilizing its own police

officers or firefighters or any other governmental agency or

instrumentality thereof.

* NB Effective upon enactment of legistlation by the state of New

Jersey

b. "Employees" means persons permitted to work by an employer.

c. "Authorized employee representative" means an employee authorized

by the employees or the designated representative of an employee

organization recognized or certified to represent the employees pursuant

to article fourteen of the civil service law.

* d. "Public employee" means any employee of the state, any political

subdivision of the state, a public authority or any other governmental

agency or instrumentality.

* NB Effective until enactment of legislation by the state of New

Jersey

* d. "Public employee" means any employee of the state, any political

subdivision of the state, a public authority, a bi-state authority

utilizing its own police officers or firefighters or any other

governmental agency or instrumentality.

* NB Effective upon enactment of legislation by the state of New

Jersey

e. "System components" means life safety harness, belts, ascending

devices, carabiners, descent control devices, rope grab devices and

snap-links.

2. Application. A safety or health standard promulgated under the

provisions of this section shall apply to every public employee and the

commissioner shall have exclusive authority to enforce such standard in

accordance with the provisions of this chapter, notwithstanding any

other safety or health standard or any other provision in this chapter

or in any other general, local or special law or charter. However, this

section shall not supersede any inconsistent provision of the education

law, as applied to any school building certified by the commissioner of

education as being in compliance with such law, and the regulations

promulgated pursuant thereto, on the effective date of this section, or

as applied to any application for certification which is pending before

the effective date of this section.

3. Duties. a. Every employer shall: (1) furnish to each of its

employees, employment and a place of employment which are free from

recognized hazards that are causing or are likely to cause death or

serious physical harm to its employees and which will provide reasonable

and adequate protection to the lives, safety or health of its employees;

and (2) comply with the safety and health standards promulgated under

this section. In applying this paragraph, fundamental distinctions

between private and public employment shall be recognized.

b. Every employee shall comply with the safety and health standards

and all rules, regulations and orders issued pursuant to this section

which are applicable to his own actions and conduct.

c. The state shall promulgate a plan for the development and

enforcement of occupational safety and health standards with respect to

public employers and employees, in accordance with section eighteen (b)

of the United States Occupational Safety and Health Act of 1970 (Public

Law 91-596) which provides: "(b) Any State which, at any time, desires

to assume responsibility for development and enforcement therein of

occupational safety and health standards relating to any occupational

safety or health issue with respect to which a Federal standard has been

promulgated under section 6 shall submit a State plan for the

development of such standards and their enforcement."

4. Safety and health standards. a. The commissioner shall by rule

adopt all safety and health standards promulgated under the United

States Occupational Safety and Health Act of 1970 (Public Law, 91-596)

which are in effect on the effective date of this section, in order to

provide reasonable and adequate protection to the lives, safety and

health of public employees and shall promulgate and repeal such rules

and regulations as may be necessary to conform to the standards

established pursuant to such act or pursuant to paragraph b of this

subdivision.

b. Notwithstanding the provisions of paragraph a of this subdivision,

the commissioner, in consultation with the state occupational safety and

health hazard abatement board, shall promulgate rules and regulations

recommended to him by such board which establish standards whenever such

board finds (i) that no federal standard exists for the particular

condition being addressed and that such a standard is necessary for the

protection of the public employees at risk, or (ii) a federal standard

exists, but conditions in public workplaces in this state require a

different standard, and such state standard will be at least as

effective in providing safe and healthful places of employment as the

federal standard.

c. Except for an employer located in a city with a population of over

one million, any employer who employs a firefighter determined to be at

risk of entrapment at elevations pursuant to regulations promulgated by

the commissioner, shall provide emergency escape systems for use by such

firefighter. The commissioner shall by rule identify the codes,

standards and recommended practices of the National Fire Protection

Association and other appropriate standards approved by the commissioner

as are appropriate to the nature of the risk to which the firefighter

shall be exposed and shall, at a minimum, include in such rule language

requiring employers to (1) identify whether firefighters employed by

them would be exposed to the hazard of entrapment at elevated surfaces;

(2) identify those firefighters who would be exposed to the hazard; and

(3) determine the appropriate emergency escape systems to address the

hazard. Such emergency escape systems shall be adequate to protect the

health and safety of the firefighter. The employer shall ensure that the

firefighter is instructed in the proper use of the emergency escape

systems. As used in this subdivision, the term "entrapment at

elevations" shall mean a situation where a fire or other emergency

conditions require a firefighter inside a structure to immediately exit

the structure but where such conditions make the normal route of exit

unusable, thereby requiring the firefighter to exit the structure from

an opening that is not designed as an exit and is above the ground floor

or at an elevation above the surrounding terrain that would reasonably

be expected to cause injury to a firefighter exiting by means of this

opening without any emergency escape systems. As used in this

subdivision, the term "emergency escape system" shall mean safety ropes

and system components and any other system that (1) is compliant with

the codes, standards and recommended practices of the National Fire

Protection Association or other appropriate standard identified by the

commissioner through regulation, as a means of emergency self-rescue

from an above grade, immediately hazardous environment, (2) has been

certified by a nationally recognized safety testing and certification

organization, and (3) the commissioner has recognized through

regulation.

In order to ensure the adequacy of the emergency escape systems, the

employer must routinely inspect and ensure that:

(1) Existing emergency escape systems meet the codes, standards and

recommended practices adopted by the commissioner.

(2) Existing emergency escape systems still perform their function and

to identify any of their limitations such as but not limited to:

(i) Checking the labels or stamps on the equipment; and

(ii) Checking any documentation or equipment specifications; and

(iii) Contacting the supplier or the approval agency;

(3) Firefighters are informed of the limitations of emergency escape

systems;

(4) Firefighters are not allowed or required to use any emergency

escape systems beyond their limitations;

(5) Existing and new emergency escape systems have no visible defects

that limit their safe use;

(6) Emergency escape systems are used, cleaned, maintained and stored

according to manufacturer's instructions;

(7) The firefighter is instructed in identifying to the employer any

defects that the firefighter may find in emergency escape systems; and

(8) Any identified defects are corrected or immediate action is taken

by the employer to eliminate the use of this equipment.

d. Any person who may be adversely affected by a standard issued under

this section may, within thirty days after the effective date of such

standard, commence a proceeding for judicial review pursuant to article

seventy-eight of the civil practice law and rules.

5. Inspections. a. Any employee or representative of employees who

believes that a violation of a safety or health standard exists, or that

an imminent danger exists, may request an inspection by giving notice to

the commissioner of such violation or danger. Such notice and request

shall be in writing, shall set forth with reasonable particularity the

grounds for the notice, shall be signed by such employee or

representative of employees, and a copy shall be provided by the

commissioner to the employer or the person in charge no later than the

time of inspection, except that on the request of the person giving such

notice, his name and the names of individual employees or

representatives of employees shall be withheld. Such inspections shall

be made forthwith.

b. A representative of the employer and an authorized employee

representative shall be given the opportunity to accompany the

commissioner during an inspection for the purpose of aiding such

inspection. Where there is no authorized employee representative, the

commissioner shall consult with a reasonable number of employees

concerning matters of safety and health in the workplace.

c. The authority of the commissioner to inspect a premises pursuant to

such an employee complaint shall not be limited to the alleged violation

contained in such complaint. The commissioner may inspect any other area

of the premises in which he has reason to believe that a violation of

this section exists.

d. No employee who accompanies the commissioner on an inspection shall

suffer any reduction in wages.

e. The commissioner may, upon his own initiative, conduct an

inspection of any premises occupied by a public employer if he has

reason to believe that a violation of this section has occurred or if he

has a general administrative plan for the enforcement of this section,

including general schedule inspections, which provide a rational

administrative basis for such inspecting. Within ninety days of

enactment of this paragraph the commissioner shall publish the general

administrative plan and shall adopt regulations on the conduct of

inspections in locker rooms and other areas involving the personal

property and privacy rights of public employees.

f. Any information obtained by the commissioner under this section

shall be obtained with a minimum burden upon the employers.

5-a. Notwithstanding any other provisions of law, when a request for

an inspection has been made in a situation where there is an allegation

of an imminent danger such that an employee would be subjecting himself

or herself to serious injury or death because of the hazardous condition

in the workplace, the inspection shall be given the highest priority by

the department and shall be carried out immediately.

6. Enforcement procedures. a. If the commissioner determines that an

employer has violated a provision of this section, or a safety or health

standard or regulation promulgated under this section, he or she shall

with reasonable promptness issue to the employer an order to comply

which shall describe particularly the nature of the violation including

a reference to the provision of this section, standard, regulation or

order alleged to have been violated, shall fix a reasonable time for

compliance and may establish the penalty to be assessed for failure to

correct the violation by the time fixed for compliance. An employer who

fails to correct a non-serious violation by the time fixed for

compliance may be assessed a civil penalty of up to fifty dollars per

day until the violation is corrected. An employer who fails to correct a

serious violation by the time fixed for compliance may be assessed a

civil penalty of up to two hundred dollars per day until the violation

is corrected. Pursuant to section 18(k) of the United States

Occupational Safety and Health Act of 1970 (Public Law, 91-596), a

serious violation shall be deemed to exist in a place of employment if

there is a substantial probability that death or serious physical harm

could result from a condition which exists, or from one or more

practices, means, methods, operations, or processes which have been

adopted or are in use, in such place of employment unless the employer

did not, and could not with the exercise of reasonable diligence, know

of the presence of the violation. A non-serious violation shall be

defined as any violation that does not fall under the definition of

serious violation. The commissioner shall not assess a penalty against

an employer for failure to correct a violation of a standard which is

the subject of an application for a temporary order granting a variance

or a violation which is the subject of a petition to modify an order to

comply, provided however, that upon issuance by the commissioner of a

determination denying such variance or petition to modify, or upon

expiration of a temporary variance or modified compliance period, the

time fixed for compliance shall recommence and the employer become

liable for the penalties provided herein.

b. Where the commissioner issues to an employer an order to comply,

the employer shall post such order or a copy thereof in a conspicuous

place at or near each place of violation cited in the order, where it is

clearly visible to affected employees. The commissioner shall make such

order available to employee representatives.

c. Any employer, or other party affected by a determination of the

industrial commissioner issued pursuant to this section may petition the

industrial board of appeals for review of such determination in

accordance with section one hundred one of this chapter. Judicial review

of the decision of the industrial board of appeals may be obtained by

any party affected by such decision by commencing a proceeding pursuant

to article seventy-eight of the civil practice law and rules within

sixty days after such decision is issued.

d. If the time for compliance with an order of the commissioner issued

pursuant to this section has elapsed, and the employer has not complied

with the provisions of the order, the commissioner shall seek judicial

enforcement of such order by commencing a proceeding pursuant to article

seventy-eight of the civil practice law and rules. Where an employer has

complied with an order in all respects other than the payment of a

penalty imposed pursuant to this subdivision, the commissioner may file

with the county clerk of the county where the employer has its place of

business the order of the commissioner continuing the amount of civil

penalty found to be due. The filing of such order shall have the full

force and effect of a judgment duly docketed in the office of such

clerk. The order or decision may be enforced by and in the same manner,

and with like effect, as that prescribed by the civil practice law and

rules for the enforcement of a money judgment.

6-a. Form of complaints. The department shall establish a dedicated

webpage through which any public employee under the jurisdiction of this

section may report alleged or believed violations of any state law,

regulation, rule or guidance related to occupational health and safety

involving a communicable disease, including but not limited to the novel

coronavirus COVID-19. Such webpage shall allow individuals to report

alleged or believed violations anonymously.

7. Injunction proceedings. a. The supreme court of the state shall

have jurisdiction, upon petition of the industrial commissioner,

pursuant to the civil practice law and rules to restrain any conditions

or practices in any place of public employment which are such that a

danger exists which could reasonably be expected to cause death or

serious physical harm immediately or before the imminence of such danger

can be eliminated through the abatement procedures otherwise provided

for by this section. Such proceeding shall be brought in the county in

which the violation is alleged to exist. Any order issued under this

section may require such steps to be taken as may be necessary to avoid,

correct or remove such imminent danger and prohibit the employment or

presence of any individual in locations or under conditions where such

imminent danger exists, except individuals whose presence is necessary

to avoid, correct, or remove such imminent danger or to maintain the

capacity of a continuous process operation to resume normal operations

without a complete cessation of operations, or where a cessation of

operations is necessary, to permit such to be accomplished in a safe and

orderly manner. The employer may contest such order pursuant to the

civil practice law and rules.

b. Whenever and as soon as an inspector concludes that conditions or

practices described in paragraph a of this subdivision exist in any

place of public employment, he shall inform the affected employees and

employers of the danger and that he is recommending to the industrial

commissioner that relief be sought.

c. If the industrial commissioner fails to seek relief under this

section within forty-eight hours of being notified of such condition,

any employee who may be injured by reason of such failure, or the

authorized employee representative of such employees, may seek

injunctive relief as provided in paragraph a of this subdivision.

8. Variances. a. Any employer may apply to the commissioner for a

temporary order granting a variance from a standard or any provision

thereof promulgated under this section. Such temporary order shall be

granted only if the employer files an application which meets the

requirements of paragraph b of this subdivision and establishes that (1)

he is unable to comply with a standard by its effective date because of

unavailability of professional or technical personnel or of materials

and equipment needed to come into compliance with the standard or

because necessary construction or alteration of facilities cannot be

completed by the effective date, (2) he is taking all available steps to

safeguard employees against the hazards covered by the standard, and (3)

he has an effective program for coming into compliance with the standard

as quickly as practicable. Any temporary order issued under this

subdivision shall prescribe the practices, means, methods, operations

and processes which the employer must adopt and use while the order is

in effect and state in detail his program for coming into compliance

with the standard. Such a temporary order may be granted only after

notice to employees and an opportunity for a hearing, provided the

commissioner may issue one interim order to be effective until a

decision is made on the basis of the hearing. No temporary order may be

in effect for longer than the period needed by the employer to achieve

compliance with the standard or one year, whichever is shorter, except

that such an order may be renewed not more than twice so long as the

requirements of this subdivision are met and if an application for

renewal is filed at least ninety days prior to the expiration date of

the order. No interim renewal of an order may remain in effect longer

than one hundred and eighty days.

b. An application for a temporary variance order shall contain: (1) a

specification of the standard or portion thereof from which the employer

or owner seeks a variance; (2) a representation by the employer,

supported by representations from qualified persons who have firsthand

knowledge of the facts represented, that he is unable to comply with the

standard or portion thereof and a detailed statement of the reasons

therefor; (3) a statement of the steps he has taken and will take, with

specific dates, to protect employees against the hazard covered by the

standard; (4) a statement of when he expects to be able to comply with

the standard and what steps he has taken and what steps he will take,

with dates specified, to come into compliance with the standard; and (5)

a certification that he has informed his employees of the application by

giving a copy thereof to their authorized representative, posting a

statement giving a summary of the application and specifying where a

copy may be examined at the place or places where notices to employees

are normally posted, and by other appropriate means. A description of

how employees have been informed shall be contained in the

certification. The information to employees shall also inform them of

their right to petition the commissioner for a hearing. The commissioner

is also authorized to grant a variance from any standard or portion

thereof whenever he determines that such variance is necessary to permit

an employer to participate in an experiment approved by him designed to

demonstrate or validate new and improved techniques to safeguard the

health or safety of workers.

c. Any affected employer may apply to the commissioner for a rule or

order for a variance from a standard promulgated under this section.

Affected employees shall be given notice of each such application and an

opportunity to participate in a hearing. The commissioner shall issue

such rule or order if he determines on the record, after opportunity for

an inspection where appropriate and a hearing, that the proponent of the

variance has demonstrated by a preponderance of the evidence that the

conditions, practices, means, methods, operations or processes used or

proposed to be used by an employer will provide employment and places of

employment which are as safe and healthful as those which would prevail

if he complied with the standard. The rule or order so issued shall

prescribe the conditions the employer must maintain, and the practices,

means, methods, operations and processes which he must adopt and utilize

to the extent they differ from the standard in question. Such a rule or

order may be modified or revoked upon application by an employer, any

employee or employee representative, or by the commissioner on his own

motion, in the manner prescribed for its issuance under this subdivision

at any time after six months from its issuance.

d. Any person, who may be adversely affected by a rule or order issued

under this subdivision may challenge the validity or applicability of

such rule or order by commencing, within sixty days, a proceeding

pursuant to article seventy-eight of the civil practice law and rules.

9. Recordkeeping. a. In accordance with the commissioner's

regulations, each employer shall make, keep and preserve, and make

available to the commissioner such records regarding his activities

relating to this section as the commissioner deems necessary or

appropriate for developing information regarding the causes and

prevention of occupational accidents and illness. Such regulations may

include provisions requiring employers to conduct periodic inspections.

The commissioner shall also issue regulations requiring that employers,

through posting of notices, training or other appropriate means, keep

their employees informed of their protections.

b. The commissioner shall prescribe regulations requiring employers to

maintain accurate records and to make public periodic reports of

work-related deaths, and injuries and illnesses other than minor

injuries requiring only first aid treatment and which do not involve

lost time from work, medical treatment, loss of consciousness,

restriction of work or motion or transfer to another job.

c. The commissioner shall issue regulations requiring employers to

maintain accurate records of employee exposures to potentially toxic

materials or harmful physical agents which the regulation requires to be

monitored or measured. Such regulations shall provide employees or their

representatives with an opportunity to observe such monitoring or

measuring and have access to the records thereof. Such regulations shall

also make appropriate provisions for each employee or former employee to

have access to such records as will indicate his own exposure to toxic

materials or harmful physical agents. Each employer shall promptly

notify any employee who has been or is being exposed to toxic materials

or harmful physical agents in concentrations or at levels which exceed

those prescribed by any safety and health standard promulgated under

this section, and shall inform any employee who is being exposed of the

corrective action being taken and the time limit for correction.

10. Discrimination against employees. a. No person shall discharge, or

otherwise discipline, or in any manner discriminate against any employee

because such employee has filed any complaint or instituted or caused to

be instituted any proceeding under or related to this section or has

testified or is about to testify in any such proceeding, or because of

the exercise by such employee on behalf of himself or others of any

right afforded by this section.

b. Any employee who believes that he has been discharged, disciplined,

or otherwise discriminated against by any person in violation of this

subdivision may, within thirty days after such violation occurs, file a

complaint with the commissioner alleging such discrimination. Upon

receipt of such complaint, the commissioner shall cause such

investigation to be made as he deems appropriate, and shall, if

requested withhold the name of the complainant from the employer. If

upon such investigation, the commissioner determines that the provisions

of this subdivision have been violated, he shall request the attorney

general to bring an action in the supreme court against the person or

persons alleged to have violated the provisions of this subdivision. In

any such action the supreme court shall have jurisdiction, for cause

shown, to restrain violations of this subdivision and order all

appropriate relief, including rehiring or reinstatement of the employee

to his former position with all back pay.

c. Within ninety days of this receipt of a complaint filed under this

subdivision the commissioner shall notify the complainant and his

representative by registered mail of his determination.

d. Nothing in this subdivision shall be deemed to diminish the rights

of any employee under any law, rule or regulation or under any

collective bargaining agreement.

11. Wherever notice is required to be given to an authorized employee

representative under this section, notice shall be given to all

organizations representing employees at the worksite in question. Notice

should be given to the office of the employee representative as well as

to the representative at the worksite. Representatives who wish this

dual notice must inform the department of the person who is to be

notified. Such notice shall be in writing unless the inspection is being

conducted under subdivision five-a of this section.

12. The commissioner may initiate voluntary compliance programs,

including, but not limited to, a public employee consultation program to

provide on-site consultation to public employers desiring such services

as an adjunct to the commissioner's inspections pursuant to this

section. Whenever an on-site consultation is performed under this

subdivision, a report shall be issued of any findings of noncompliance

with the regulations promulgated under this section and the report shall

be made public.

13. Regulations. The commissioner may promulgate such procedural

regulations as he shall consider necessary and proper to effectuate the

purposes and provisions of this section.

14. A commission to report on the operation and effect of this section

is hereby established. a. Such commission shall examine the incidence of

work related injuries, the incidence of injuries to the public, and the

effect of this section upon insurance costs of public employers. Such

commission shall be empowered to recommend additional or corrective

legislation to advance the purposes of this section.

b. Such commission shall be composed of three members, one of whom

shall be chosen by the speaker of the assembly, one of whom shall be

chosen by the temporary president of the senate, and one of whom shall

be chosen by the governor.

c. Members of the commission shall serve without compensation, except

for expenses reasonably incurred in the discharge of their duties under

this subdivision.

d. The commission shall issue an interim report to the legislature and

the governor, which report shall be issued one year after the effective

date of this section. A final report shall be issued two years after

such effective date.

15. New York state occupational safety and health hazard abatement

board; creation and procedure. a. The New York state occupational safety

and health hazard abatement board is hereby created to have and exercise

the powers, duties and prerogatives provided by the provisions of this

subdivision.

b. The membership of the board shall consist of five persons appointed

by the governor of whom one shall be upon the recommendation of the

temporary president of the senate, one upon the recommendation of the

speaker of the assembly, and one upon the recommendation of the state

comptroller. Members shall serve at the pleasure of the governor, and

the governor may replace any member in accordance with the provisions

contained herein for the appointment of members.

The governor shall designate one of the members to serve as chairman.

The board shall act by a majority vote of its members, and a quorum to

conduct business shall consist of three members. Any determination of

the board shall be evidenced by a certification thereof executed by all

the members present and voting. Each member of the board shall be

entitled to designate a representative to attend meetings of the board

in his place, and to vote or otherwise act on his behalf in his absence.

Such representative shall not be authorized to delegate any of his

duties or functions to any other person. Notice of such designation

shall be furnished in writing to the board by the designating member. A

representative shall serve at the pleasure of the designating member

during the member's term of office.

c. No elected public officer or public employee shall be eligible for

appointment as a member of the board.

d. The members of the board and their representatives shall serve

without salary or per diem allowance but shall be entitled to

reimbursement for actual and necessary expenses incurred in the

performance of their official duties pursuant to this section, provided

however that such members and representatives are not, at the time such

expenses are incurred, public employees or public officers otherwise

entitled to such reimbursement.

e. The board shall meet at least four times a year with at least one

meeting in each calendar quarter. The chairman shall designate the days

of meeting, and shall provide each member with at least three weeks

written notice of the date of such meeting.

f. Staff services for the board shall be performed insofar as

practicable, by personnel of the department of labor. Additional

professional and technical services may be secured from other state

departments or agencies, with the consent of the head of such department

or agency.

16. New York state occupational safety and health hazard abatement

board; powers and duties. (A) a. The board created pursuant to

subdivision fifteen of this section shall have the power, and it shall

be its duty to receive, review and act upon applications for funding of

capital projects designed to abate occupational safety and health

hazards which have been found by the commissioner to violate the

provisions of this section or which have been identified in a report of

the public employee consultation program. The board shall fund

seventy-five percent of the cost of any capital abatement project

necessary to comply with an order issued by the commissioner pursuant to

the provisions of this section or with a recommendation for hazard

abatement issued by the public employee consultation program.

b. In determining the order in which applicants shall receive grants

from the fund, and the amount of such funding, the board shall consider

the following factors:

(1) the degree of possible physical harm which the hazard to be abated

could inflict on the public employees and other citizens at risk;

(2) the imminent nature of the possible infliction of harm;

(3) the number of public employees and other citizens at risk;

(B) a. The board shall have the power, and it shall be its duty to

receive, review, and act upon applications for funding for programs

designed to provide occupational safety and health training and

education for employees pursuant to the provisions of article

twenty-nine of this chapter.

b. The board shall, by the promulgation of rules and regulations,

establish procedures and criteria that are necessary and appropriate to

carry out the provisions of article twenty-nine of this chapter, which

shall include criteria for the evaluation and selection of applications

for grants and the auditing of performance thereunder.

(C) a. The board may require as part of such applications made

pursuant to the provisions of this subdivision such information as it

deems necessary and shall act upon such applications within a reasonable

time. The board shall furnish the state budget director, state

industrial commissioner, state comptroller, temporary president of the

senate and speaker of the assembly with a copy of each application

within three days following receipt thereof by the board.

b. That a employer has applied for funds pursuant to the provisions of

this subdivision shall not relieve that employer of the obligation to

correct any violation of this section by variance or other means.

(D) a. The board, in the formulation of standards pursuant to

paragraph b of subdivision four of this section, shall have the power to

conduct public hearings, administer oaths and take sworn or unsworn

testimony at such hearings. The board may, by subpoena issued by the

chair, compel the attendance of witnesses and the production of all

books, records and other evidence relative to any matter under inquiry

in the formulation of such standards.

b. The board may contract with occupational health professionals and

industrial safety engineers to provide expert assistance in the

formulation of standards pursuant to paragraph b of subdivision four of

this section.

c. The board is authorized, after public hearings, to recommend

standards to the commissioner. The board, in addition to acting on its

own initiative, shall review, consider and make recommendations

regarding requests for new standards presented to such board by public

employers, employees or authorized employee representatives.

Duty of public employers to develop and implement programs to

prevent workplace violence. 1. Purpose. The purpose of this section is

to ensure that the risk of workplace assaults and homicides is evaluated

by affected public employers and their employees and that such employers

design and implement workplace violence protection programs to prevent

and minimize the hazard of workplace violence to public employees.

2. Definitions. For the purposes of this section:

a. "Employer" means: (1) the state; (2) a political subdivision of the

state; (3) a public authority, a public benefit corporation, or any

other governmental agency or instrumentality thereof; and (4) an

authorized agency as defined in paragraph (a) of subdivision ten of

section three hundred seventy-one of the social services law that

accepts children adjudicated delinquent under article three of the

family court act.

b. "Employee" means a public employee working for an employer.

c. "Workplace" means any location away from an employee's domicile,

permanent or temporary, where an employee performs any work-related duty

in the course of his or her employment by an employer.

d. "Supervisor" means any person within an employer's organization who

has the authority to direct and control the work performance of an

employee, or who has the authority to take corrective action regarding

the violation of a law, rule or regulation to which an employee submits

written notice.

e. "Retaliatory action" means the discharge, suspension, demotion,

penalization, or discrimination against any employee, or other adverse

employment action taken against an employee in the terms and conditions

of employment.

3. Risk evaluation and determination. Every employer shall evaluate

its workplace or workplaces to determine the presence of factors or

situations in such workplace or workplaces that might place employees at

risk of occupational assaults and homicides. Examples of such factors

shall include, but not limited to:

a. working in public settings (e.g., social services or other

governmental workers, police officers, firefighters, teachers, public

transportation drivers, health care workers, and service workers);

b. working late night or early morning hours;

c. exchanging money with the public;

d. working alone or in small numbers;

e. uncontrolled access to the workplace; and

f. areas of previous security problems.

4. Written workplace violence prevention program. Every employer with

at least twenty full time permanent employees shall develop and

implement a written workplace violence prevention program for its

workplace or workplaces that includes the following:

a. a list of the risk factors identified in subdivision three of this

section that are present in such workplace or workplaces;

b. the methods the employer will use to prevent incidents of

occupational assaults and homicides at such workplace or workplaces,

including but not limited to the following:

(1) making high-risk areas more visible to more people;

(2) installing good external lighting;

(3) using drop safes or other methods to minimize cash on hand;

(4) posting signs stating that limited cash is on hand;

(5) providing training in conflict resolution and nonviolent

self-defense responses; and

(6) establishing and implementing reporting systems for incidents of

aggressive behavior.

5. Employee information and training. a. Every employer with at least

twenty permanent full time employees shall make the written workplace

violence prevention program available, upon request, to its employees,

their designated representatives and the department.

b. Every employer shall provide its employees with the following

information and training on the risks of occupational assaults and

homicides in their workplace or workplaces at the time of their initial

assignment and annually thereafter:

(1) employees shall be informed of the requirements of this section,

the risk factors in their workplace or workplaces, and the location and

availability of the written workplace violence prevention program

required by this section; and

(2) employee training shall include at least: (a) the measures

employees can take to protect themselves from such risks, including

specific procedures the employer has implemented to protect employees,

such as appropriate work practices, emergency procedures, use of

security alarms and other devices, and (b) the details of the written

workplace violence prevention program developed by the employer.

6. Application. a. Any employee or representative of employees who

believes that a serious violation of a workplace violence protection

program exists or that an imminent danger exists shall bring such matter

to the attention of a supervisor in the form of a written notice and

shall afford the employer a reasonable opportunity to correct such

activity, policy or practice. This referral shall not apply where

imminent danger or threat exists to the safety of a specific employee or

to the general health of a specific patient and the employee reasonably

believes in good faith that reporting to a supervisor would not result

in corrective action.

b. If following a referral of such matter to the employee's

supervisor's attention and after a reasonable opportunity to correct

such activity, policy or practice the matter has not been resolved and

the employee or representative of employees still believes that a

violation of a workplace violence prevention program remains, or that an

imminent danger exists, such employee or representative of employees may

request an inspection by giving notice to the commissioner of such

violation or danger. Such notice and request shall be in writing, shall

set forth with reasonable particularity the grounds for the notice,

shall be signed by such employee or representative of employees, and a

copy shall be provided by the commissioner to the employer or the person

in charge no later than the time of inspection, except that on the

request of the person giving such notice, such person's name and the

names of individual employees or representatives of employees shall be

withheld. Such inspection shall be made forthwith.

c. A representative of the employer and an authorized employee

representative shall be given the opportunity to accompany the

commissioner during an inspection for the purpose of aiding such

inspection. Where there is no authorized employee representative, the

commissioner shall consult with a reasonable number of employees

concerning matters of safety in the workplace.

d. The authority of the commissioner to inspect a premises pursuant to

such an employee complaint shall not be limited to the alleged violation

contained in such complaint. The commissioner may inspect any other area

of the premises in which he or she has reason to believe that a serious

violation of this section exists.

d-1. No employee who accompanies the commissioner on an inspection,

participates in a risk evaluation and determination inspection, or

participates in an annual program review shall suffer any reduction in

wages.

e. No employer shall take retaliatory action against any employee

because the employee does any of the following:

(1) makes an application pursuant to paragraph a of this subdivision;

(2) requests an inspection as authorized in paragraph b of this

subdivision;

(3) accompanies the commissioner as authorized in paragraph c of this

subdivision;

f. The commissioner may, upon his or her own initiative, conduct an

inspection of any premises occupied by an employer if he or she has

reason to believe that a violation of this section has occurred or if he

or she has a general administrative plan for the enforcement of this

section, including a general schedule of inspections, which provide a

rational administrative basis for such inspecting. Within one hundred

twenty days of the effective date of this paragraph the commissioner

shall adopt rules and regulations implementing the provisions of this

section.

g. Any information obtained by the commissioner pursuant to this

subdivision shall be obtained with a minimum burden upon the employers.

h. When a request for an inspection has been made in a situation where

there is an allegation of an imminent danger such that an employee would

be subjecting himself or herself to serious injury or death because of

the hazardous condition in the workplace, the inspection shall be given

the highest priority by the department and shall be carried out

immediately.

Preparation of public employers for state disaster emergencies

involving public health. 1. Definitions. For the purposes of this

section:

a. "Personal protective equipment" shall mean all equipment worn to

minimize exposure to hazards, including gloves, masks, face shields,

foot and eye protection, protective hearing devices, respirators, hard

hats, and disposable gowns and aprons.

b. "Public employer" or "employer" shall mean the state of New York, a

county, city, town, village or any other political subdivision or civil

division of the state, a public authority, commission or public benefit

corporation, or any other public corporation, agency, instrumentality or

unit of government which exercises governmental power under the laws of

this state, provided, however, that this subdivision shall not include

any employer as defined in section twenty-eight hundred one-a of the

education law.

c. "Essential" shall refer to a designation made that a public

employee is required to be physically present at a work site to perform

his or her job. Such designation may be changed at any time in the sole

discretion of the employer.

d. "Non-essential" shall refer to a designation made that a public

employee is not required to be physically present at a work site to

perform his or her job. Such designation may be changed at any time in

the sole discretion of the employer.

e. "Communicable disease" shall mean an illness caused by an

infectious agent or its toxins that occurs through the direct or

indirect transmission of the infectious agent or its products from an

infected individual.

f. "Retaliatory action" shall mean the discharge, suspension,

demotion, or discrimination against any employee, or other adverse

employment action taken against an employee in the terms and conditions

of employment.

2. Each public employer in the state of New York shall prepare a plan

for the continuation of operations in the event that the governor

declares a state disaster emergency involving a communicable disease.

Such plans shall follow the provisions for review and publication as

prescribed in subdivision four of this section.

3. The operations plan required by this section shall include, but not

be limited to:

a. A list and description of the types of positions considered

essential in the event of a state-ordered reduction of in-person

workforce.

b. A description of protocols the employer will follow for

non-essential employees to telecommute including, but not limited to,

facilitating or requesting the procurement, distribution, downloading

and installation of any needed technology, including software, data, and

the transferring of office phone lines to work or personal cell phones

as practicable or applicable to the workplace, and may include devices.

c. A description of how the employer will, to the extent possible,

stagger work shifts of essential employees in order to reduce

overcrowding on public transportation systems and at worksites.

d. A description of the protocol the employer will implement in order

to procure the appropriate personal protective equipment for essential

employees, based upon the various tasks and needs of such employees in a

quantity sufficient to provide personal protective equipment to each

essential employee during any given work shift. Such description shall

also include a plan for storage of such equipment to prevent degradation

and permit immediate access in the event of an emergency declaration.

e. A description of the protocol in the event an employee is exposed

to a known case of the communicable disease that is the subject of the

state disaster emergency, exhibits symptoms of such disease, or tests

positive for such disease in order to prevent the spread or contraction

of such disease in the workplace. Such protocol shall also detail

actions to be taken to immediately and thoroughly disinfect the work

area of any employee known or suspected to be infected with the

communicable disease as well as any common area surface and shared

equipment such employee may have touched, and the employer policy on

available leave in the event of the need of an employee to receive

testing, treatment, isolation, or quarantine. Such protocol shall not

involve any action that would violate any existing federal, state, or

local law, including regarding sick leave or health information privacy.

f. A protocol for documenting hours and work locations, including

off-site visits, for essential employees. Such protocol shall be

designed only to aid in tracking of the disease and to identify the

population of exposed employees in order to facilitate the provision of

any benefits which may be available to certain employees on that basis.

g. A protocol for how the public employer will work with such

employer's locality to identify sites for emergency housing for

essential employees in order to further contain the spread of the

communicable disease that is the subject of the declared emergency, to

the extent applicable to the needs of the workplace.

h. Any other requirements determined by the department of health such

as contract tracing or testing, social distancing, hand hygiene and

disinfectant, or mask wearing.

4. Once drafted, each public employer shall present the plan described

in this section to all applicable duly recognized or certified

representatives of the employer's employees, who shall then be granted

an opportunity to review the plan and make recommendations, if any,

provided that nothing shall preclude such representatives from making

such recommendations prior to the draft being completed. The employer

must consider and respond to such recommendations in writing within a

reasonable timeframe. A copy of the final version of such plan shall

then be published in a clear and conspicuous location, and in the

employee handbook, to the extent that the employer provides such

handbook to its employees, and in a location accessible on either the

employer's website or on the internet accessible by employees. No

employer shall take retaliatory action or otherwise discriminate against

any employee for making recommendations regarding the content of the

plan.

5. The department shall establish procedures to allow for public

employees to contact and inform the department of any alleged violations

of any of the provisions described in this section.

6. Nothing in this section shall be deemed to impede, infringe,

diminish or impair the rights of a public employee or employer under any

law, rule, regulation or collectively negotiated agreement, or the

rights and benefits which accrue to employees through collective

bargaining agreements, or otherwise diminish the integrity of the

existing collective bargaining relationship.

Workplace safety committees. 1. For the purposes of this

section, the following terms shall have the following meanings:

(a) "Employer" shall mean any person, entity, business, corporation,

partnership, limited liability company, or an association employing at

least ten employees. The term shall not include the state, any political

subdivision of the state, a public authority, or any other governmental

agency or instrumentality.

(b) "Employee" shall include all employees in the state, except for

employees of the state, any political subdivision of the state, a public

authority, or any other governmental agency or instrumentality.

2. Employers shall permit employees to establish and administer a

joint labor-management workplace safety committee, but not more than one

committee per worksite, provided however that an employer that already

has a workplace safety committee that is otherwise consistent with the

requirements of this section, shall be exempted from creating an

additional safety committee under this section. Each workplace safety

committee shall be composed of employee and employer designees, provided

at least two-thirds are non-supervisory employees. Employee members of

the committee shall be selected by, and from among, non-supervisory

employees. Committees shall be co-chaired by a representative of the

employer and non-supervisory employees. Where there is a collective

bargaining agreement in place, the collective bargaining representative

shall be responsible for the selection of employees to serve as members

of the committee. Committees representing geographically distinct

worksites may also be formed as necessary.

3. No employer shall interfere with the selection of employees who

shall serve on such committee or who serve as the workplace safety

designee or with such employees' performance of the duties authorized

under this section.

4. Each workplace safety committee and workplace safety designee shall

be authorized to perform the following tasks, including but not limited

to:

(a) Raise health and safety concerns, hazards, complaints and

violations to the employer to which the employer must respond.

(b) Review any policy put in place in the workplace required by any

provision of this chapter relating to occupational safety and health and

provide feedback to such policy in a manner consistent with any

provision of law.

(c) Review the adoption of any policy in the workplace in response to

any health or safety law, ordinance, rule, regulation, executive order,

or other related directive.

(d) Participate in any site visit by any governmental entity

responsible for enforcing safety and health standards unless otherwise

prohibited by law.

(e) Review any report filed by the employer related to the health and

safety of the workplace in a manner consistent with any provision of

law.

(f) Regularly schedule a meeting during work hours at least once a

quarter that shall last no longer than two hours.

5. Employers shall permit safety committee designees to attend a

training of no longer than four hours, without suffering a loss of pay,

on the function of worker safety committees, rights established under

this section, and an introduction to occupational safety and health.

6. Any employee who participates in the activities or establishment of

a workplace safety committee shall not be subject to retaliation for any

actions taken pursuant to their participation. Violations of this

subdivision shall be deemed to be a violation of paragraph (a) of

subdivision one of section two hundred fifteen of this chapter and the

civil penalties and remedies of paragraph (b) of subdivision one and

paragraphs (a) and (b) of subdivision two of section two hundred fifteen

of this chapter shall be applicable to this subdivision.

7. Nothing in this section shall be deemed to diminish the rights,

privileges, or remedies of any employee under any collective bargaining

agreement. The provisions of this section may be waived by a collective

bargaining agreement, provided that for such waiver to be valid, it

shall explicitly reference this section.

8. The commissioner shall adopt and amend rules and regulations to

effectuate the provisions and purposes of this section.

9. (a) An employer must recognize within fifteen business days the

establishment of a workplace safety committee created pursuant to this

section. Violations of this subdivision shall result in a civil penalty

of not less than fifty dollars per day until the violation is remedied.

(b) The commissioner may also order other appropriate relief including

enjoining the conduct of any person or employer in addition to any other

remedies permitted by this section.

Prevention of retail workplace violence. 1. Definitions. For

the purposes of this section:

a. "Employer" means any person, entity, business, corporation,

partnership, limited liability company, or an association employing at

least ten retail employees. The term shall not include the state, any

political subdivision of the state, a public authority, or any other

governmental agency or instrumentality.

b. "Retail employee" means an employee working at a retail store for

an employer.

c. "Workplace" means any location away from an employee's domicile,

permanent or temporary, where an employee performs any work-related duty

in the course of their employment by an employer.

d. "Retail store" means a store that sells consumer commodities at

retail and which is not primarily engaged in the sale of food for

consumption on the premises.

2. Written workplace violence prevention policy. The department shall

create and publish a model retail workplace violence prevention guidance

document and retail workplace violence prevention policy that employers

may utilize in their adoption of a retail workplace violence prevention

policy required by this section. Such model retail workplace violence

prevention policy shall be publicly available and posted on the website

of the department.

a. Such model retail workplace violence prevention policy shall:

(i) outline a list of factors or situations in the workplace that

might place retail employees at risk of workplace violence, including

but not limited to:

(A) working late night or early morning hours;

(B) exchanging money with the public;

(C) working alone or in small numbers; and

(D) uncontrolled access to the workplace;

(ii) outline methods that employers may use to prevent incidents of

workplace violence, including but not limited to establishing and

implementing reporting systems for incidents of workplace violence;

(iii) include information concerning the federal and state statutory

provisions concerning violence against retail workers and remedies

available to victims of violence in the workplace and a statement that

there may be applicable local laws; and

(iv) clearly state that retaliation against individuals who complain

of workplace violence or the presence of factors or situations in the

workplace that might place retail employees at risk of workplace

violence, or who testify or assist in any proceeding under the law is

unlawful.

b. Every employer shall adopt the model retail workplace violence

prevention policy promulgated pursuant to this subdivision, or establish

a workplace violence prevention policy that equals or exceeds the

minimum standards provided by such model retail workplace violence

prevention policy. Such retail workplace violence prevention policy

shall be provided to all employees in writing upon hire and annually

thereafter pursuant to paragraph a of subdivision four of this section.

3. Employee information and training. a. The department, in

consultation with relevant groups as deemed necessary by the department,

shall produce a model workplace violence prevention training program.

Every employer shall utilize the model workplace violence prevention

training program pursuant to this subdivision or establish a workplace

violence prevention training program that equals or exceeds the minimum

standards provided by such model training program. The department's

model training program shall be interactive and shall include, but not

be limited to:

(i) information on the requirements of this section;

(ii) examples of measures retail employees can use to protect

themselves when faced with workplace violence from customers or other

coworkers;

(iii) de-escalation tactics;

(iv) active shooter drills;

(v) emergency procedures; and

(vi) instruction on the use of security alarms or buttons, and other

related emergency devices.

b. The department shall include information in such model workplace

violence prevention training program addressing conduct by supervisors

and any additional responsibilities for such supervisors, including ways

to address workplace specific emergency procedures, and training on

areas of previous security problems.

c. As part of this training, every employer shall communicate to each

employee a site-specific list of emergency exits and meeting places in

case of emergency. Such workplace violence prevention training shall be

provided to all retail employees upon hire and on an annual basis

thereafter. Employers covered under this section employing fewer than

fifty retail employees shall provide such workplace violence prevention

training upon hire and once every two years thereafter.

4. Notice of policy. a. Every employer shall provide their retail

employees, in writing in English and in the language identified by each

employee as the primary language of such employee, at the time of hiring

and at every annual workplace violence prevention training provided

pursuant to subdivision three of this section, a notice containing such

employer's retail workplace violence prevention policy and the

information presented at such employer's workplace violence prevention

training program.

b. The commissioner shall prepare templates of the model retail

workplace violence prevention policy created and published pursuant to

subdivision two of this section and the model workplace violence

prevention training program produced pursuant to subdivision three of

this section. The commissioner shall determine, in their discretion,

which languages to provide in addition to English, based on the twelve

most common non-English languages spoken by limited-English proficient

individuals in the state, based on the data in the most recent American

Community Survey published by the United States Census Bureau and

published online by the New York state office of language access.

c. When an employee identifies as their primary language a language

for which a template is not available from the commissioner, the

employer shall comply with this subdivision by providing that employee

an English-language notice.

d. An employer shall not be penalized for errors or omissions in the

non-English portions of any notice provided by the commissioner.

* 5. Retail worker requests for assistance. a. Every employer of five

hundred or more retail employees statewide shall provide every retail

employee with a silent response button to request immediate assistance

from a security officer, manager, or supervisor while the employee is

working at the employee's location in case of an emergency. Such silent

response button may be a device that is installed in an easily

accessible location in the workplace, or a wearable or mobile

phone-based button.

b. Mobile phone-based silent response buttons may only be installed on

employer-provided equipment, and wearable and mobile phone-based silent

response buttons shall not be used to track employee locations except

when the silent response button is triggered.

* NB Effective January 1, 2027

6. Rules and regulations. The commissioner may adopt rules and

regulations necessary to implement the provisions of this section.

7. Evaluation of policy. Beginning in the year two thousand

twenty-seven and every succeeding four years thereafter, the department

shall evaluate, using the criteria within this section, the impact of

the current model retail workplace violence prevention guidance document

and retail workplace violence prevention policy. Upon the completion of

each evaluation the department shall update the model retail workplace

violence prevention guidance document and retail workplace violence

prevention policy as needed.

* § 27-f. Requiring first aid materials in a workplace to include an

opioid antagonist. 1. All employers that are federally mandated by the

United States Occupational Safety and Health Act of 1970 (Public Law,

91-596) and safety and health standards promulgated thereunder to have

first aid supplies readily available for the treatment of all injured

employees must have an opioid antagonist available for use in providing

first aid or emergency treatment at the workplace.

2. For the purposes of this section, the following terms shall have

the following meanings:

(a) "Employer" includes any person, corporation, limited liability

company, or association employing any individual in any occupation,

industry, trade, business, or service. The term "employer" shall not

include the state, any political subdivision of the state, a public

authority or any other governmental agency or instrumentality thereof.

(b) "Opioid antagonist" means the same as defined in section

thirty-three hundred nine of the public health law.

3. Administering an opioid antagonist pursuant to this section shall

be considered first aid or emergency treatment for purposes of section

three thousand-a of the public health law.

4. The commissioner shall promulgate regulations, in coordination with

the commissioner of health, to address the appropriate number of opioid

antagonists for workplaces based on the size of the workplace; the

training of personnel and use of such opioid antagonists; and any other

matter deemed necessary by such commissioner to effectuate this section.

* NB Effective December 12, 2026

Procedure for issuing safety and health rules. Before any rule

is adopted, amended or repealed there shall be a public hearing thereon,

notice of which shall be published at least once, not less than ten days

prior thereto, in such newspaper or newspapers as the commissioner may

prescribe. The commissioner may appoint committees composed of

employers, employees and experts to suggest rules or changes therein.

Every rule adopted and every amendment or repeal thereof shall be

promptly published in such newspaper or newspapers as the commissioner

may prescribe. The rules and all amendments and repeals thereof shall,

unless otherwise prescribed by the commissioner, take effect twenty days

after the first publication thereof and certified copies thereof shall

be filed in the office of the department of state.

Variations. 1. If there shall be practical difficulties or

unnecessary hardship in carrying out the provisions of this chapter

relating to safety or health standards, or an order requiring compliance

with such provisions of this chapter, or in carrying out an order of the

commissioner requiring compliance with the state building construction

code, the commissioner may make a variation from such requirements or

order if the spirit of the provision, rule or code shall be observed and

public safety secured. Applications for permanent variations shall be

accompanied by a non-refundable fee of three hundred fifty dollars

payable to the commissioner.

2. Any person affected by such provision, rule, code, or order, or his

agent, may petition the commissioner, in accordance with such rules as

he shall prescribe, for such variation stating the grounds therefor. If

a petition relates to an order requiring compliance with the state

building construction code, the commissioner shall give prompt notice of

the filing of such petition to the state building code council. If, in

the opinion of the council, it is necessary or desirable that it

intervene in any proceeding in connection therewith, it shall be

permitted to do so as a matter of right. The commissioner shall fix a

day for a hearing on such petition and give notice thereof to the

petitioner and to such other persons as he may determine. If the

commissioner shall permit a variation he may impose such conditions as

he may deem necessary or advisable to assure public safety. The

variation shall apply to the petitioner and shall recite the conditions

under which the variation shall be permitted.

3. Except for variations concerning provisions, rules, codes, orders

or any other matter affecting asbestos projects, mold projects or safety

and health standards for public employees, including but not limited to

projects covered by article thirty and section twenty-seven-a and

subdivision ten of section two hundred forty-one of this chapter;

a. any person who petitions the commissioner for a variation as

provided by this section shall:

(1) post a copy of the petition at the site to be affected by the

variation in a location that is reasonably accessible to the public and

the employees at the site;

(2) provide a listing, in the petition, of the designated

representatives (if any) of all employee organizations recognized or

certified pursuant to the national labor relations act (29 U.S.C.

sections 151 et. seq.), article fourteen of the civil service law or

article twenty of this chapter to represent employees at the site

affected by the variation; such listing shall provide the names and

addresses of all such representatives;

(3) mail by certified mail, return receipt requested, a copy of the

petition to the designated representatives listed as required by

subparagraph two of this paragraph within three days of sending the

petition to the commissioner; and

(4) affirm in the petition that the petition has been posted as

required by subparagraph one of this paragraph or that it will be posted

within one week of sending the petition to the commissioner and that the

petitioner has mailed by certified mail, return receipt requested, a

copy of the petition to all designated representatives, as required by

subparagraph three of this paragraph.

b. The commissioner shall send a copy of his or her determination on

the petition to the petitioner and any designated representatives listed

on the petition pursuant to subparagraph two of paragraph a of this

subdivision.

4. Whenever a petition is filed for a variation, except for a

variation relating to an order requiring compliance with the state

building construction code, or upon the commissioner's own motion, the

commissioner may make a general variation which shall apply to all

buildings, installations, or conditions where the facts are

substantially the same as those set forth in the resolution, by whomever

the same may be owned, possessed or controlled and wherever the same may

be or will thereafter be found within the state of New York with the

same force and effect as if a variation were duly granted upon separate

petition and for the use and benefit of every person affected by the

statutory provision or code rule from which the said general variation

was made.

5. Any variation may be amended or terminated by the commissioner for

any of the following reasons:

a. The variation or any of its conditions was or is not wholly

complied with;

b. The variation does not continue to secure public safety;

c. The difficulties or hardship prevailing at the time of the making

of the variation have ceased to exist;

d. The labor law provision or rule from which the variation was made

has been amended, or a new rule governing the subject has been adopted;

or

e. A finding by the commissioner that other substantial grounds exist

warranting the amendment or termination of the variation.

6. The commissioner may publish such variations as he may deem

necessary. A properly indexed record of all variations shall be kept in

the office of the department and open to public inspection.

7. Notwithstanding any other law, rule or regulation to the contrary,

as of the effective date of sections two hundred ninety-one through two

hundred ninety-four of chapter one hundred ninety of the laws of

nineteen hundred ninety, the fee requirements set forth in this section

and article thirty of this chapter shall continue to apply to all public

and private entities, including, but not limited to, the state, any

subdivision of the state, any government agency or instrumentality

thereof, including any entity created by one or more states or

subdivisions thereof, any public authority, any public or private

corporation, any person, company, unincorporated association, firm, or

partnership and any owner or operator thereof.

Duty to furnish information and facilitate inspections. The

owner, operator, manager or lessee of any place affected by the

provisions of this chapter or his agent, superintendent, subordinate or

employee, and any person employing or directing any labor affected by

such provision shall, when requested by the commissioner or board,

furnish any information in his possession or under his control which the

commissioner or board is authorized to require; shall answer truthfully

all questions authorized to be put to him; shall admit the commissioner,

a deputy commissioner, or other officer or employee of the department,

to any place which is affected by the provisions of this chapter for the

purpose of making inspection or enforcing the provisions thereof, and

shall render assistance necessary for a proper inspection.

Interference with officer or employee of department prohibited.

No person shall interfere with, obstruct or otherwise hinder any officer

or employee of the department in the performance of his duties.

Service of notice. 1. Notwithstanding any other law, rule, or

regulation, whenever the commissioner or board or any person affected by

the provisions of this chapter is required to give notice in writing to

any person, such notice may be given by mailing it in a letter addressed

to the last known place of business of such person, by delivering it to

the person personally, or by electronic communication with the consent

of the person in accordance with subdivision two of this section. Notice

to a partnership may be given to any of the partners, notice to a

corporation may be given to any officer or agent thereof, and notice to

a limited liability company may be given to any member or agent thereof,

upon whom a summons may be served as provided by the civil practice law

and rules, or by electronic communication with the consent of the entity

in accordance with subdivision two of this section. Consent for any

entity may be provided by a partner, officer, agent, member, owner, or

other similar individual. Whenever an order or demand of the department

is required to be served it shall be served in the manner hereinbefore

provided for the service of a notice, by delivering it to any person of

suitable age and discretion in charge of the premises affected by such

order or demand, or by electronic communication with the consent of the

person in accordance with subdivision two of this section, or if no

person is found in charge by affixing a copy thereof conspicuously upon

the premises.

2. For the purposes of this section, a person or entity shall be

deemed to have consented to electronic communication if, having been

advised conspicuously that enrollment or registration is voluntary and

that they may continue to receive notices by mail or personal service as

provided in this section, they instead affirmatively choose to receive

notices by electronic communications only.

Department to keep record and publish bulletin of licenses. The

department shall keep records of all licenses, permits or certificates

issued, revoked or amended by it and publish lists thereof at such times

and in such forms as it may determine.

Maintenance of records. 1. The department is authorized and

empowered to use electronic storage technology to record and maintain

public records, papers, documents or matters required by law to be

recorded. Such records shall be capable of being copied, photographed,

or microphotographed by a process which accurately reproduces the

original thereof in all details.

2. The copies thereof shall be deemed to be an original record for all

purposes, including introduction in evidence in all courts or

administrative agencies. A transcript, exemplification or certified copy

thereof shall, for all purposes recited herein, be deemed to be a

transcript, exemplification, or certified copy of the original.

3. The department shall have the power to dispose of or destroy its

records, subject only to receiving the consent of the commissioner of

education as may be required by article fifty-seven of the arts and

cultural affairs law.

Destruction of old records. All statistics and other documentary

matter filed with the department may be destroyed by the commissioner

after the expiration of six years from the filing thereof.

Department's process to be in its name. All notices or orders

shall be given by and in the name of the department by the commissioner,

by the industrial board of appeals or a member thereof, or by the deputy

commissioner or other officer or employee thereunto duly authorized.

Oaths and affidavits. The commissioner, a member of the

unemployment insurance appeal board, the deputy commissioner, a referee

and any other officer or employee of the department if duly authorized

by the commissioner, may administer oaths and take affidavits in matters

relating to the provisions of this chapter.

Hearings and subpoenas. The commissioner, the members of the

unemployment insurance appeal board, the deputy commissioner, referees

and any other officer of the department designated by the commissioner,

shall have power:

1. To issue subpoenas for and compel the attendance of witnesses and

the production of books, contracts, papers, documents and other

evidence;

2. To hear testimony and take or cause to be taken depositions of

witnesses residing within or without this state in the manner prescribed

by law for like depositions in civil actions in the supreme court.

Subpoenas and commissions to take testimony shall be issued under the

seal of the department.

Proceedings before officers or employees. 1. Any investigation,

inquiry or hearing which the commissioner has power to undertake or to

hold may by authorization be undertaken or held by or before any officer

or competent employee of the department.

Rules governing hearings. The commissioner shall not be bound by

technical rules of evidence and shall conduct all hearings according to

procedure prescribed by him.

Youth education, employment and training program. This program

shall provide services to economically disadvantaged in-school and

out-of-school youth fourteen to twenty-one years of age and shall be

subject to the following provisions of this section:

1. The goals of this program shall be entry into post-secondary

education, enrollment in vocational or skills training programs, or the

attainment of favorable employment and career opportunities. To obtain

program goals, local projects shall include one or more of the following

objectives: retention in high school, improvement in basic academic and

vocational skills and, when attainable, the acquisition of a high school

diploma or its equivalent.

2. For the purpose of this section, the following terms shall have the

following meanings: "local project" shall mean the specific plan or

proposal for support and/or direct client services at the local level as

specified in a contractual agreement with employment and training

providers pursuant to this section; and "economically disadvantaged"

shall be defined as set forth in regulations promulgated by the state

education department pursuant to sections sixty-four hundred fifty-one

and sixty-four hundred fifty-two of the education law or as set forth in

the federal job training partnership act, public law 97-300 or its

successor program or in the absence of such, as defined by the

commissioner. Moneys to fund the program may be used for projects in

which up to ten percent of the participants enrolled, on a project by

project basis, are youth who are not economically disadvantaged if such

youth have been identified as at risk of dropping out of school or have

barriers to employment.

3. Subject to the limits of available moneys for this program and the

approval of the director of the budget, the commissioner, in

consultation with the commissioner of education, shall select and make

contracts with preference to employment and training providers who have

demonstrated effectiveness in serving disadvantaged youth for the

purpose of conducting local projects. Such moneys may be used for

contractors selected on a competitive basis consistent with executive

order number one hundred twenty-seven which expedites and simplifies

contracting with not-for-profit agencies. Such employment and training

providers shall only include not-for-profit community based

organizations, boards of cooperative educational services,

post-secondary educational agencies, grant recipients or administrative

entities of the service delivery areas (hereinafter referred to as

SDAs), as may be defined by the Federal Job Training Partnership Act

(hereinafter referred to as JTPA) or its successor program or in the

absence of such, as defined by the commissioner, joint apprentice

committees, labor organizations, and public and private employers.

Preference in selection of such contractors shall be given to qualified

and experienced community based organizations with proven ability to

administer such programs.

4. Moneys for this program shall be apportioned in a manner that

ensures a distribution of funds to projects operating in communities

which have high rates of youth unemployment, significant drop-out rates

among high school-aged youth, large numbers of youth living in poverty,

and a high proportion of households receiving public assistance

benefits.

5. Such moneys may not be used for an SDA as an employment and

training provider for local projects for out-of-school youth unless it

has been determined by the commissioner that no other employment and

training provider is available in the area which this program is

designed to serve.

6. Notwithstanding any other provisions of law to the contrary, the

educational opportunity centers (hereinafter referred to as EOCs)

operated by the state university and educational centers operated by the

units of the city university of New York are hereby authorized to

contract with employment and training providers funded pursuant to this

section for provision of services authorized under this section and to

receive reimbursement for services provided. For the purpose of this

program, all participants eligible for services pursuant to this section

shall be deemed to be eligible for services provided by the EOCs.

7. Allowable activities under this section may include tutoring, basic

skills remediation, occupational/vocational training, vocational

exploration, on-the-job and supervised worksite training, counseling,

and support services. Local projects shall integrate such allowable

activities, as fully as possible.

8. Participants in programs under this section may be granted a

stipend if such youth are not participating in a paid work experience.

On an individual participant basis, the local project operator may

extend tutorial services, basic skills remediation, and counseling

beyond one program year, provided the participant continues to meet the

other eligibility requirements of this program.

9. Pursuant to a memorandum of agreement, the education department

shall be responsible for the approval of the educational component of

local projects under this section predicated upon a review of each local

project proposal. Such educational component shall include programs of

instruction, remedial activities, and services designed to improve

participants' performance in reading, writing, communication, math, and

science. Academic credit may be made available to qualifying

participants for their involvement and performance in this program.

Local projects shall be evaluated for credit and recommendations shall

be made to local schools by the education department.

10. As a condition of participating in programs under this section,

each employment and training provider shall establish cooperative

relationships for improving linkages with local educational agencies and

SDAs which insure that school-based educational activities are

integrated with the educational component of the local project as fully

as possible.

11. Up to ten percent of the program funds allocated to local projects

for direct client services may be expended for support services,

provided that such support services are not available from other

federal, state, local, or private resources. Such support services shall

include day care which meets state standards, transportation, meal

allowances, and clothing allowances.

12. No moneys shall be allocated to the department for support and/or

direct client services unless the following conditions have been met: a

memorandum of agreement has been signed with the education department

pursuant to this section; and, regulations governing the selection and

implementation of local projects have been issued. Further, no

liabilities shall be assumed or moneys expended for support and/or

direct client services unless such funding is specified in a contractual

agreement with employment and training providers and the educational

component of such contract has been approved by the education

department.

13. Of the total funds made available for the payment of local

projects for in-school youth and out-of-school youth, no more than one

million three hundred forty-nine thousand dollars shall be allocated for

local projects administered by service delivery areas. Provided further

that as a condition of funding under such appropriation, a fifty percent

match for the amount made available for local projects for in-school

youth shall be required from employment and training providers out of

in-kind services or moneys received through other local, private, or

federal resources; except that a match of those funds designated for

payment of participant wages and fringe benefits shall not be required.

However, fifty percent of the payment of wages and fringe benefits to

participants in approved vocational exploration or trial work experience

in local projects for in-school youth administered by SDAs and funded

under such appropriations shall be subsidized by the SDA out of moneys

received through JTPA or its successor program, except that no JTPA or

successor program subsidization of trial work experience shall be

required if the SDA shall have otherwise obligated all moneys received

through JTPA or its successor program, in which case the SDA may meet

its obligation to subsidize from moneys received from any available

source other than such appropriation. Further, no more than twenty-five

percent of the payment of wages and fringe benefits to participants in

on-the-job training in local projects for in-school youth administered

by SDAs shall be paid from funds made available pursuant to such

appropriation and any such funds so used shall be matched by the SDA out

of moneys received through JTPA or its successor program, unless the SDA

shall have otherwise obligated all moneys received through JTPA or its

successor program.

14. As a condition of receipt of moneys for payments for local

projects for in-school youth and out-of-school youth local projects for

out-of-school youth shall give preference to youth who are homeless and

to adolescent parents, provided such youth meet other eligibility

requirements of this program. Employment and training providers under

this appropriation shall not be required to match moneys made available

for local projects for out-of-school youth.

15. Notwithstanding any other law, rule or regulation to the contrary,

the department shall prepare and submit to the governor, the temporary

president of the senate, the speaker of the assembly and the chair of

the legislative commission on skills development and vocational

education, an annual evaluation report of this program no later than

October thirty-first following the end of the program year. The report

shall include a statement of program objectives which identifies

outcomes and indicators of the effectiveness of the program. It shall

represent the extent to which program activities meet program objectives

including, but not limited to, improvements in participants' educational

competencies and employability skills as measured by accepted testing

tools. The basic measures of performance for projects for in-school

youth shall be: high school retention, attainment of a high school

diploma, enrollment in a post-secondary educational program or

vocational skills training program, or attainment of unsubsidized

employment. The basic measure of performance for projects for

out-of-school youth shall be: improvement in basic academic and

vocational skills, return to high school, attainment of a high school

equivalency diploma, enrollment in a post-secondary educational program

or vocational skills training program, or attainment of unsubsidized

employment. The report shall include a separate count of participants

who have participated in the same program model through more than one

program cycle. A methodology shall be prescribed which requires

collection of post-program information on program participants

including, but not limited to, whether a participant receives a high

school degree or its equivalent and subsequent labor market experience

for one year following termination from the program, and the extent to

which the participant achieved outcomes as defined by the certified

program model. The report shall also describe the types of support

services provided, levels of expenditure, and demonstrate how such

support services improve participant involvement in local projects.

16. Notwithstanding any other law, rule, or regulation to the

contrary, including the provisions of the social services law, wages and

income earned by the participants of this program who are receiving

assistance under the temporary assistance for needy families block grant

shall be exempt and disregarded when determining the need for such

assistance in accordance with federal law and regulations or pursuant to

waiver of such law and regulations. Wages and income earned by

participants in this program, who are receiving assistance pursuant to

the safety net assistance program, or under the temporary assistance for

needy families block grant, or the veterans assistance program, shall be

exempt and disregarded when determining the need for such assistance.

Such income and wage exemptions and disregards shall be allowed, if, and

as long as, federal financial participation is available.

17. Notwithstanding any other law, rule or regulation to the contrary,

employment and training providers funded through this program shall be

designated no later than June first of each year. Failure of providers

to submit required monthly or fiscal reports to the department without

waiver for reasonable or unanticipated circumstances shall cause forfeit

of the program contract effective after sixty days notification to

providers.

Transfer of funds to the unemployment insurance occupational

training fund. Notwithstanding any other law, rule or regulation to the

contrary, subject to approval by the director of the budget, the state

comptroller is hereby authorized and directed to transfer funds from

other state operations and aid to localities appropriations to the

unemployment insurance occupational training fund in the department to

meet requirements for payment of the state share of individual and

family grants awarded pursuant to the federal disaster relief act of

1974, public law 93-288.

Workplace fatality registry; construction. 1. Registry. The

department shall create and maintain a registry of workplace fatalities

in the construction industry, which shall include information regarding

all incidents under which a worker performing construction work suffers

a work-related fatal injury in the workplace. Such registry shall

include the information reported to the department pursuant to

subdivisions three and four of this section, in addition to any

information deemed pertinent by the commissioner as a result of any

investigation, hearing, or other proceedings of the department.

2. Definitions. For the purposes of this section:

a. "Worker" shall include, but not be limited to, direct employees,

contracted employees, subcontracted employees, independent contractors,

temporary or contingency workers, apprentices, interns, volunteers, or

any other persons who perform duties at the direction and discretion of

a contractor or who provide services pursuant to a contract in the

workplace.

b. "Contractor" shall include a direct employer, contractor, or

subcontractor. In the absence of a formal hiring agreement, the person

who directs or provides compensation to the worker shall be considered

the contractor unless such person is also directed and compensated by

another. In such cases, the persons successively above the worker in the

employment chain shall be considered the contractor. In the instance of

the death of an intern or volunteer, the entity directing such intern or

volunteer in his or her duties as such shall be considered the

contractor.

c. "Workplace" shall include, but not be limited to, any location

where a worker performs any work-related duty in the course of his or

her employment, or any other site where the worker may be as a result of

contractor direction.

d. "Construction" shall include, but not be limited to, any work

involving the construction, reconstruction, alteration, rehabilitation,

repair, renovation, demolition, or installation of any building,

structure, or improvement, or in relation to the excavation of or other

development or improvement to any land.

3. Seventy-two-hour reports. a. Each county coroner, medical examiner

or other authorized official whose role is to register deaths, when

making the determination as to the cause and manner of death, shall

determine whether such death was the result of a work-related fatal

injury in the workplace and report all such workplace fatalities in the

construction industry to the department within seventy-two hours of such

determination.

b. Information to be reported within seventy-two hours shall include,

but not be limited to:

(i) the name of the worker;

(ii) the age of the worker;

(iii) the cause of death;

(iv) the manner of death;

(v) the location of death;

(vi) the name of the contractor;

(vii) the business address of the contractor;

(viii) the name of the official or medical personnel making the

declaration of death;

(ix) the name of the person or persons charged with making the

determination of the cause and manner of death; and

(x) contact information for the office making notification to the

department, including contact information for the person or persons

making the declaration of death, the person or persons determining the

cause of death, and the person or persons determining the manner of

death.

4. Ninety-day reports. a. Upon receiving a report pursuant to

subdivision three of this section, the department shall notify the

contractor that such death was determined to be the result of a

work-related fatal injury in the workplace and shall require the

contractor to submit additional information regarding such workplace

fatality. The contractor shall provide such information to the

department no later than ninety days after receiving such notification.

b. Information to be reported within ninety days shall include, but

not be limited to:

(i) the name of the contractor;

(ii) the business address of the contractor;

(iii) the stated business purpose or industry of the contractor;

(iv) the name and age of the worker;

(v) the ethnicity of the worker, if known;

(vi) the nationality of the worker, if known;

(vii) the immigration status of the worker, if known;

(viii) the craft, trade or occupation of the worker; and

(ix) the union status of the worker.

5. Investigation. The department in its sole discretion may also:

a. conduct an investigation into any work-related fatal injury in the

workplace involving a worker performing construction work;

b. request additional information from a contractor in relation to

such worker or such workplace fatality; and

c. request information as to whether criminal or civil charges have

been filed against the contractor in the death of the worker, including:

(i) the details of such criminal or civil charges including the

charging officer or agency; and

(ii) the actual criminal or civil charge or charges.

6. Reporting system. The department shall establish a reporting system

for the information required to be reported pursuant to subdivisions

three and four of this section.

7. Failure to report. Failure by any contractor to report the

information required pursuant to subdivision four of this section within

ninety days of notification by the department that such death was the

result of a work-related fatal injury in the workplace shall be subject

to a fine of not less than one thousand dollars nor more than two

thousand five hundred dollars per failure to make such report.

8. Accessibility of registry. The department shall establish and

maintain an online database to make available all information and data

regarding all workplace fatalities in the construction industry reported

to the registry pursuant to this section. Such information shall be

provided in the aggregate and shall be electronically accessible and

searchable to the public, provided however, that in no event shall a

worker's name or other personal identifying information be included in

such database. The department shall update the database with the

information reported to the registry pursuant to this section within

five business days of the receipt of such reports by the department.

Industrial board of appeals. 1. There is hereby created in the

department of labor a board, to be known as the industrial board of

appeals, which shall be composed of five members, at least one of whom

shall be a lawyer. Of the first members of the board, two shall be

designated by the governor from among the members of the board of

standards and appeals in office on the day preceding the effective date

of this act, who shall serve for terms expiring on December

thirty-first, nineteen hundred seventy-seven, and three shall be

appointed by the governor, with the advice and consent of the senate,

two of whom shall be appointed for terms expiring on December

thirty-first, nineteen hundred seventy-six, and one of whom shall be

appointed for a term expiring on December thirty-first, nineteen hundred

seventy-eight. Their successors shall be appointed by the governor, with

the advice and consent of the senate, for terms of six years, except

that if a vacancy occurs otherwise than by expiration of term, it shall

be filled for the unexpired term. The governor shall designate one

member to serve as chairman of the board. The governor may remove a

member of the board for inefficiency, neglect of duty or misconduct in

office after giving him a copy of the charges and an opportunity of

being publicly heard in person or by counsel on not less than ten days

notice. If a member of the board be removed the governor shall file with

the department of state a record of his proceedings in respect of such

removal and his findings therein.

2. The members of the board shall receive compensation as determined

by the governor within the limits of the appropriation made therefor.

The chairman shall devote his entire time to the duties of his office

and shall not hold any other public office nor engage in any other

business, vocation or employment. The reasonable and necessary traveling

and other expenses of the members of the board and other officers and

employees of the board, while actually engaged in the performance of

their duties shall be paid from the state treasury upon the audit and

warrant of the comptroller, upon vouchers approved by the chairman.

3. The industrial commissioner shall detail to the board such

employees as shall be reasonably necessary to perform the duties of the

board and shall fix their compensation within the limits of the

appropriation made therefor.

4. The principal office of the board shall be in the county of Albany,

but it may meet and exercise any or all of its powers at any other place

within the state.

5. (a) The board shall not be bound by technical rules of procedure

and evidence and shall conduct all hearings according to procedure

prescribed by the board.

(b) The board may designate one or more of its members or competent

employees to hold a hearing or investigation relating to any matter

pertaining to the execution of its functions, and to report to the

board.

(c) The board by one or more members shall have the power:

(1) To administer oaths and take affidavits in matters relating to the

performance of its functions under this chapter;

(2) To issue subpoenas for and compel the attendance of witnesses and

the production of books, contracts, papers, documents and other

evidence;

(3) To hear testimony and take or cause to be taken depositions of

witnesses residing within or without this state in the manner prescribed

by law for like depositions in civil actions in the supreme court.

Subpoenas and commissions to take testimony shall be issued under the

seal of the department.

8. Notwithstanding any other provision of this chapter or any other

law, neither the industrial commissioner nor any board or other agency

of the department of labor shall in any way direct, review, modify or

reverse any decision or finding of the board, nor shall the industrial

commissioner or any board or other agency of the department of labor

supervise or control the board in the exercise of any powers or in the

performance of its duties or functions under this chapter.

Review by industrial board of appeals. 1. Except where

otherwise prescribed by law, any person in interest or his duly

authorized agent may petition the board for a review of the validity or

reasonableness of any rule, regulation or order made by the commissioner

under the provisions of this chapter. Such petition shall be filed with

the board no later than sixty days after the issuance of such rule,

regulation or order.

2. The petition shall be filed with the board in accordance with such

rules as the board shall prescribe, and shall state the rule,

regulation, or order proposed to be reviewed and in what respects it is

claimed to be invalid or unreasonable. Any objections to the rule,

regulation or order not raised in such appeal shall be deemed waived.

The board may join in one proceeding all petitions alleging invalidity

or unreasonableness of substantially similar rules, regulations or

orders. Except as otherwise prescribed by any provision of this chapter

or any other law, the filing of such petition may, in the discretion of

the board, operate to stay all proceedings against the petitioner under

such rule, regulation or order until the determination of such petition.

3. If the board finds that the rule, regulation or order, or any part

thereof, is invalid or unreasonable it shall revoke, amend or modify the

same.

Review by court. 1. The decision of the board in a proceeding

under section one hundred one of this chapter shall be final except that

such decision shall be subject to appeal by an aggrieved party in a

proceeding under article seventy-eight of the civil practice law and

rules for judicial review, if such proceeding is commenced within sixty

days after the decision is issued.

2. The commissioner shall be considered a party entitled, if

aggrieved, to seek judicial review under this section.

Limited review of provisions of chapter and of rules,

regulations and orders. 1. Every provision of this chapter and of the

rules and regulations made in pursuance thereof, and every order

directing compliance therewith, shall be valid unless declared invalid

in a proceeding brought under the provisions of this chapter. Except as

otherwise provided in this chapter, no court shall have jurisdiction to

review or annul any such provision, rule, regulation or order or to

restrain or interfere with its enforcement.

2. Every such provision, rule, regulation or order shall in a

prosecution or action to impose a penalty for its violation be deemed

valid unless prior thereto such provision, rule, regulation or order has

been revoked or modified by the board or annulled by a court, or unless

a proceeding under this article is pending, in which case the

prosecution or action shall be stayed by the court pending the final

determination thereof. If any such prosecution or action is commenced

against a defendant who has not previously been served with an order to

comply with such provision, rule, regulation or order or who has been

served with such an order but has not had a reasonable opportunity to

comply therewith, and if within five days the defendant commences

proceedings under the provisions of this article, the prosecution or

action shall be stayed as if such proceeding were pending at the time it

was commenced. The provisions in this subdivision relating to court

stays shall be subject to any provision in any other section of this

chapter relating to stays of proceedings or actions.

Corporate instruments; inquiry by board. Whenever any corporate

instrument is submitted to the board for approval in accordance with the

requirements of any statute, the board shall make such inquiry as it may

deem advisable, and shall order a hearing, if necessary, in accordance

with such rules as it shall prescribe, to determine whether or not the

purposes of the proposed corporation are in all respects consistent with

public policy and the labor law, and whether the corporate name is in

all respects consistent with its purposes and activities or tends to be

misleading. Notice of the time and place of such hearing shall be given

to the applicant and to such other persons as the board may determine.

Employment of minors under fourteen years of age. 1. No minor

under fourteen years of age shall be employed in or in connection with

any trade, business, or service, except as otherwise provided in this

section.

2. Exceptions: Nothing in this section shall be construed to prohibit

the employment of:

a. A minor under fourteen years of age as a child performer in

compliance with section 35.01 of the arts and cultural affairs law and

article four-A of this chapter.

b. A minor under fourteen years of age as a child model in compliance

with section 35.05 of the arts and cultural affairs law.

* c. A minor eleven years of age as a newspaper carrier in compliance

with section thirty-two hundred twenty-eight of the education law.

* NB Repealed May 9, 2027

d. A minor twelve or thirteen years of age by his parents or

guardians, either on the home farm or at other outdoor work not

connected with or for any trade, business, or service, when attendance

upon instruction is not required by the education law.

e. A minor over twelve years of age who presents a farm work permit,

in assisting in the hand work harvest of berries, fruits and vegetables,

for a period of four hours in any work day when attendance upon

instruction is not required by the education law between the hours of

nine o'clock in the forenoon and four o'clock in the afternoon between

the first day after Labor Day through and the twentieth day of June, and

seven o'clock in the forenoon and seven o'clock in the evening between

the twenty-first day of June and Labor day of the same calendar year,

and the minor is accompanied by a parent or has presented the written

consent of a parent or party with whom he or she resides to the

employer.

f. A minor pursuant to section seven hundred fifty-eight-a or 353.6 of

the family court act.

g. A minor twelve or thirteen years of age who assists a parent, aunt,

uncle, grandparent or guardian in the sale of produce of a farm that is

owned or leased by the minor's parent, aunt, uncle, grandparent or

guardian, at a farm stand or farmer's market stand that is owned or

leased by the minor's parent, aunt, uncle, grandparent or guardian, at

times when school is not in session and the minor is accompanied by the

parent or guardian or has presented the written consent of the parent or

guardian.

h. A minor twelve or thirteen years of age as a bridge caddie at a

bridge tournament when attendance upon instruction is not required by

the education law.

* § 131. Employment of minors fourteen or fifteen years of age. 1. No

minor fourteen or fifteen years of age shall be employed in or in

connection with any trade, business, or service when attendance upon

instruction is required by the education law.

2. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age may be employed if he

presents an employment certificate or permit issued in accordance with

the education law; provided, however, that no minor fourteen or fifteen

years of age shall be employed in or in connection with a factory.

3. Exceptions:

a. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age may be employed without an

employment certificate or permit in the following occupations:

(1) Caddy service on a golf course;

(2) Service as a baby sitter staying with and at the home of a younger

child or children with or without the presence at such home of such

child's or children's parents or guardians;

(3) Casual employment consisting of yard work and household chores in

and about a residence or the premises of a non-profit, non-commercial

organization, not involving the use of power-driven machinery;

(4) Assisting a parent, aunt, uncle, grandparent or guardian in the

sale of produce of a farm that is owned or leased by the minor's parent,

aunt, uncle, grandparent or guardian, at a farm stand or farmer's market

stand that is owned or leased by the minor's parent, aunt, uncle,

grandparent or guardian, at times when school in not in session and the

minor is accompanied by the parent or guardian or has presented the

written consent of the parent or guardian.

(5) Caddie service at a bridge tournament;

(6) Work for his parents or guardians either on the home farm or at

other outdoor work not connected with or for any trade, business, or

service.

b. Nothing in this section shall be construed to prohibit the

employment of a minor fourteen or fifteen years of age as a child

performer in compliance with section 35.01 of the arts and cultural

affairs law and article four-A of this chapter.

c. Nothing in this section shall be construed to apply to the

employment of a minor fourteen or fifteen years of age as a child model

in compliance with section 35.05 of the arts and cultural affairs law.

d. Nothing in this section, or the hours of work requirements of this

chapter, shall apply to a newspaper carrier in compliance with section

thirty-two hundred twenty-eight of the education law. The picking up of

newspapers at a newspaper plant shall not be construed to be employment

in or in connection with a factory if there is provided a place for the

picking up of such newspapers, which place does not contain any

dangerous machinery or equipment and does not afford access to space in

which any such dangerous machinery or equipment is located.

e. Nothing in this section shall prohibit the employment of a minor

fifteen years old who is found to be incapable of profiting from further

instruction available and who presents a special employment certificate

issued in accordance with the education law. Such employment certificate

shall not be valid for work in or in connection with a factory.

f. A minor fourteen or fifteen years of age may be employed in farm

service, when attendance upon instruction is not required by the

education law, provided such minor presents a farm work permit issued in

accordance with the education law. Such permit shall be valid only when

signed by the employer and it shall not be valid for work in or in

connection with a factory.

g. Nothing in this section shall prohibit the employment of a minor

fourteen or fifteen years of age during the school lunch period in a

school cafeteria at the school which the minor attends if the minor

presents an employment certificate issued in accordance with the

education law.

4. Employment in delivery and clerical employments:

a. Nothing contained in this article shall be deemed to prohibit the

employment of a minor fourteen or fifteen years of age for whom a

student non-factory employment certificate has been issued in accordance

with the provisions of the education law, in delivery and clerical

employments:

(1) in an office of a factory, provided that such office is enclosed

and separate from the place where manufacturing is carried on, and

provided that the minor is not engaged in any manufacturing operation or

process; or

(2) in or in connection with dry cleaning stores, tailor shops, shoe

repair shops and similar service stores which clean, press, alter,

repair or dye articles or goods belonging to the ultimate consumer,

provided that such employment does not involve the use of dangerous

machinery or equipment, or chemical processes.

b. The commissioner may promulgate rules and regulations which he

deems necessary to carry out the provisions of this subdivision.

5. Nothing in this section shall be construed to permit the employment

of a minor fourteen or fifteen years of age in any occupation prohibited

by section one hundred thirty-three of this chapter.

6. Nothing in this section shall prevent the rendering of services for

the public good by a minor of fourteen or fifteen years pursuant to

section seven hundred fifty-eight-a or 353.6 of the family court act.

* NB Effective until May 9, 2027

* § 131. Employment of minors fourteen or fifteen years of age. 1. No

minor fourteen or fifteen years of age shall be employed in or in

connection with any trade, business, or service when attendance upon

instruction is required by the education law.

2. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age may be employed if they

present an employment certificate or permit issued in accordance with

the education law; provided, however, that no minor fourteen or fifteen

years of age shall be employed in or in connection with a factory.

3. Exceptions:

a. When attendance upon instruction is not required by the education

law, a minor fourteen or fifteen years of age may be employed without an

employment certificate or permit in the following occupations:

(1) Caddy service on a golf course;

(2) Service as a baby sitter staying with and at the home of a younger

child or children with or without the presence at such home of such

child's or children's persons in parental relation;

(3) Casual employment consisting of yard work and household chores in

and about a residence or the premises of a non-profit, non-commercial

organization, not involving the use of power-driven machinery;

(4) Assisting a person in parental relation as defined in section

thirty-two hundred twelve of the education law, aunt, uncle, or

grandparent in the sale of produce of a farm that is owned or leased by

the minor's person in parental relation, aunt, uncle, or grandparent, at

a farm stand or farmer's market stand that is owned or leased by the

minor's person in parental relation, aunt, uncle, or grandparent, at

times when school is not in session and the minor is accompanied by the

person in parental relation or has presented the written consent of the

person in parental relation.

(5) Caddie service at a bridge tournament;

(6) Work for their person in parental relation either on the home farm

or at other outdoor work not connected with or for any trade, business,

or service.

b. Nothing in this section shall be construed to prohibit the

employment of a minor fourteen or fifteen years of age as a child

performer in compliance with section 35.01 of the arts and cultural

affairs law and article four-A of this chapter.

c. Nothing in this section shall be construed to apply to the

employment of a minor fourteen or fifteen years of age as a child model

in compliance with section 35.05 of the arts and cultural affairs law.

d. A minor fourteen or fifteen years of age may be employed in farm

service, when attendance upon instruction is not required by the

education law, provided such minor presents a farm work permit issued in

accordance with the education law. Such permit shall be valid only when

signed by the employer and it shall not be valid for work in or in

connection with a factory.

e. Nothing in this section shall prohibit the employment of a minor

fourteen or fifteen years of age during the school lunch period in a

school cafeteria at the school which the minor attends if the minor

presents an employment certificate issued in accordance with the

education law.

4. Employment in delivery and clerical employments:

a. Nothing contained in this article shall be deemed to prohibit the

employment of a minor fourteen or fifteen years of age for whom a

student non-factory employment certificate has been issued in accordance

with the provisions of the education law, in delivery and clerical

employments:

(1) in an office of a factory, provided that such office is enclosed

and separate from the place where manufacturing is carried on, and

provided that the minor is not engaged in any manufacturing operation or

process; or

(2) in or in connection with dry cleaning stores, tailor shops, shoe

repair shops and similar service stores which clean, press, alter,

repair or dye articles or goods belonging to the ultimate consumer,

provided that such employment does not involve the use of dangerous

machinery or equipment, or chemical processes.

b. The commissioner may promulgate rules and regulations which they

deem necessary to carry out the provisions of this subdivision.

5. Nothing in this section shall be construed to permit the employment

of a minor fourteen or fifteen years of age in any occupation prohibited

by section one hundred thirty-three of this chapter.

6. Nothing in this section shall prevent the rendering of services for

the public good by a minor of fourteen or fifteen years pursuant to

section seven hundred fifty-eight-a or 353.6 of the family court act.

* NB Effective May 9, 2027

Employment of minor sixteen or seventeen years of age. 1. No

minor sixteen or seventeen years of age shall be employed in or in

connection with any trade, business, or service when attendance upon

instruction is required by the education law or in violation of the

employment certificating provisions of the education law.

2. A minor sixteen or seventeen years of age may be employed if he

presents an employment certificate or permit issued in accordance with

the education law.

3. Exceptions:

a. When attendance upon instruction is not required by the education

law, a minor sixteen or seventeen years of age may be employed without

an employment certificate or permit in the following occupations:

(1) Work on a farm;

(2) Caddy service on a golf course;

(3) Service as a baby sitter staying with and at the home of a younger

child or children with or without the presence at such home of such

child's or children's parents or guardians;

(4) Casual employment consisting of yard work and household chores in

and about a residence or the premises of a non-profit, non-commercial

organization, not involving the use of power-driven machinery other than

power-driven machinery ordinarily used in such yard work or household

chores;

(5) Caddie service at a bridge tournament;

(6) Work for his parents or guardians at outdoor work not connected

with or for any trade, business, or service.

b. Nothing in this section, or the hours of work requirements of this

chapter, shall apply to a newspaper carrier in compliance with section

thirty-two hundred twenty-eight of the education law.

c. Nothing in this section shall prohibit the employment of a minor

sixteen or seventeen years of age during the school lunch period in a

school cafeteria at the school which the minor attends if the minor

presents an employment certificate issued in accordance with the

education law.

d. Nothing in this section shall be construed to apply to the

employment of a minor sixteen or seventeen years of age as a child model

in compliance with section 35.05 of the arts and cultural affairs law.

e. Notwithstanding any other provision of this chapter, an employment

certificate or permit shall not be required for a student sixteen years

of age or over who is in attendance at a recognized institution of

higher learning and who is employed by a non-profit college or

university or by a college or university fraternity, sorority, student

association or faculty association.

f. Nothing in this section shall be construed to prohibit the

employment of a minor seventeen years of age as an election inspector or

poll clerk pursuant to section 3-400 of the election law, or to require

an employment certificate or permit therefor.

4. Nothing in this section shall be construed to permit the employment

of a minor sixteen or seventeen years of age in any occupation

prohibited by section one hundred thirty-three of this chapter.

5. Nothing contained in this section shall prevent the rendering of

services for the public good by a minor of sixteen or seventeen years

pursuant to section seven hundred fifty-eight-a or 353.6 of the family

court act.

Prohibited employments of minors. 1. Minors under sixteen. No

minor under sixteen years of age shall be employed in or assist in:

a. painting or exterior cleaning in connection with the maintenance of

a building or structure;

b. any occupation in or in connection with a factory, except as

provided in subdivision four of section one hundred thirty-one of this

chapter;

c. the operation of washing, grinding, cutting, slicing, pressing or

mixing machinery;

d. any employment in institutions in the department of mental hygiene,

provided, however, that for the purposes of this paragraph,

participation in recreation and leisure activities, social skills

development, companionship and/or entertainment as part of an organized

volunteer program approved by the commissioner of mental hygiene, shall

not constitute employment or assistance in employment and may be

performed by youthful volunteers at least fourteen years of age. Nothing

contained in this paragraph shall be construed to permit services

prohibited in subdivisions one and two hereof.

2. Minors of any age. No minor of any age shall be employed in or

assist in:

a. the care or operation of a freight or passenger elevator, except

that a minor over sixteen may operate automatic push button control

elevators;

b. or in connection with the manufacturing, packaging, or storing of

explosives;

c. operating or using any emery, tripoli, rouge, corundum, stone,

silicon carbide, or any abrasive, or emery polishing or buffing wheel,

where articles of the baser metals or iridium are manufactured;

d. penal or correctional institutions, if such employment relates to

the custody or care of prisoners or incarcerated individuals;

e. adjusting belts to machinery or cleaning, oiling or wiping

machinery;

f. packing paints, dry colors, or red or white leads;

g. preparing any composition in which dangerous or poisonous acids are

used;

h. operating steam boilers subject to section two hundred four of this

chapter;

i. any occupation at construction work, including wrecking,

demolition, roofing or excavating operations and the painting or

exterior cleaning of a building structure from an elevated surface;

j. any occupation involving exposure to radioactive substances or

ionizing radiation, or exposure to silica or other harmful dust;

k. logging occupations and occupations in the operation of any

sawmill, lath mill, shingle mill or cooperage-stock mill;

l. any occupation in or in connection with a mine or quarry;

m. any occupation involved in the operation of power-driven

woodworking, metal-forming, metal-punching, metal-shearing, bakery, and

paper products machines;

n. any occupation involved in the operation of circular saws, bandsaws

and guillotine shears;

o. any occupation in or about a slaughter and meat-packing

establishment, or rendering plant;

p. any occupation involved in the operation of power-driven hoisting

apparatus;

q. any occupation involved in the manufacture of brick, tile and

kindred products;

r. as a helper on a motor vehicle;

s. as a dancer or performer in any portion of a facility open to the

public wherein performers appear and dance or otherwise perform

unclothed, under circumstances in which such employment would be harmful

to such person in the manner defined in subdivision six of section

235.20 of the penal law.

3. a. The provisions of subdivision two of this section shall not

apply to (1) an apprentice who is individually registered in an

apprenticeship program which is duly registered with the commissioner in

conformity with the provisions of article twenty-three of this chapter;

or

(2) a student-learner who is enrolled in a course of study and

training in a cooperative vocational training program under a recognized

state or local educational authority, or in a course of study in a

substantially similar program conducted by a private school; or

(3) a trainee in an on-the-job training program approved by the

commissioner; or

(4) a minor who is employed in the occupation in which he has

completed training as a student-learner as provided in subparagraph (2)

of this subdivision or as a trainee as provided in subparagraph (3) of

this subdivision; or

(5) a minor who is employed in the occupation in which he has

completed a work training program of a non-profit organization or a

training program which is publicly funded in whole or in part, and as

part of such program received safety instruction and training in the use

of machinery, provided that such safety program has been approved by the

commissioner. As used in this paragraph the term "non-profit

organization" means an organization operated exclusively for religious,

charitable, or educational purposes, no part of the net earnings of

which inures to the benefit of any private shareholder or individual.

b. An employment certificate required by subdivision two of section

one hundred thirty-two of this article shall for the purposes of section

fourteen-a of the workmen's compensation law be deemed to authorize

employment under subparagraphs (3), (4) and (5) of this subdivision.

4. In addition to the cases provided for in this section, the

commissioner, when it is found upon investigation that any particular

trade, process of manufacture, occupation, or method of carrying on the

same, is dangerous or injurious to the health of minors, may adopt rules

prohibiting or regulating the employment of such minors therein. In

addition to the adoption of such rules, the commissioner may also adopt

such other rules and regulations as are determined necessary to carry

out the purposes of this section.

5. In addition to the rulemaking authority set forth in subdivision

four of this section, when it is found upon investigation that

employment on a farm is dangerous or injurious to the health of minors,

the commissioner may adopt rules prohibiting or regulating the

employment of such minors therein, which rules shall be in accordance

with and consistent with those promulgated by the United States

secretary of labor in this regard.

Placement of minors by employment agencies. No employment

agency shall place a minor in any employment, or shall procure or

attempt to procure for a minor, any employment, unless such employment

is authorized or permitted by the provisions of this article. The term

"employment agency" as used in this section means and includes any

person, firm or corporation, as owner, agent, manager, employee, officer

of a corporation, contractor, sub-contractor, or in any other capacity,

placing in employment or procuring or attempting to procure employment

for a minor, or for giving information as to where or of whom such

employment may be procured.

* § 135. Duties of employers. 1. The employer of any minor required to

have an employment certificate:

a. Shall, before employment begins, file at the place of the minor's

employment such certificate so that it may be readily accessible to any

person authorized by law to examine such document;

b. Shall, upon the termination of the minor's employment, return the

employment certificate to the minor;

c. (i) Shall, if the employer is engaged in a business of assigning

employees for temporary services at another establishment, and the

employer compensates the employee for such services rendered, keep on

file in his or her office the employment certificate and shall cause to

be delivered to each establishment where the child will perform his or

her services a true copy of such employment certificate. Such delivery

shall be deemed compliance with this section and sections one hundred

thirty-one and one hundred thirty-two of this article. The owner of each

establishment to which the child is assigned shall keep on file in his

or her office such copy of the employment certificate, which shall be

deemed compliance with this section, and shall return such copy to the

employer at the conclusion of the child's assignment. Such employer

shall note on the original employment certificate the existence of each

copy.

(ii) As used in this subdivision, the term "establishment" includes a

factory, mercantile establishment, business office, restaurant, hotel,

and any other trade, business or service.

2. The employer of any person claiming to be between eighteen and

twenty-five years of age who does not present an employment certificate

duly issued for him or her must require from such person, and furnish

upon demand to the commissioner or his or her authorized representative,

proof of the age of such person in the form of a driver's license or

other documentation issued by the government of the United States or of

any state located therein, or a certificate of age issued to such person

by an employment certificating official. Such proof of age or a legible

photocopy thereof, or an employment certificate, previously issued for

such person and on file in the place of his or her employment, shall be

conclusive evidence that the person has reached the age certified to

therein.

* NB Effective until May 9, 2027

* § 135. Database for employment of minors; employee registration;

minor employment certificates. 1. Creation of database. The department,

in consultation with the department of education, shall create and

maintain a database for the employment of minors. Except as otherwise

provided in this section, all information pertaining to any employer or

minor that is submitted to the department under this section shall be

confidential and shall not be accessible to the public. Nothing herein

shall prevent the commissioner from sharing such information for civil

or criminal law enforcement purposes.

2. Employer registration and renewal process. Any employer required to

be registered under this section shall provide the department with the

information set forth in this section, as well as any additional

information that the department may require, in the form and manner

prescribed by the department.

3. Employer registration and information. Every employer that hires,

employs, or otherwise permits any minor under the age of eighteen to

work for the employer within the state shall register in the database

and shall provide, in the form and manner prescribed by the department,

the following information:

(a) the name of the employer;

(b) the email address of the employer;

(c) any location of the employer's business operations within the

state, including any location where a minor will be working;

(d) the number and names of minors who are hired, employed, or

otherwise permitted to work for the employer;

(e) a certified statement from the employer that the employer is

hiring, employing, or otherwise permitting minors to work only in

positions for the employer as permitted by law, rule, or regulation in

order to ensure their health, safety, and well-being; and

(f) any other information deemed appropriate by the commissioner.

4. Employer recordkeeping. An employer that is required to be

registered under this section shall, before employment begins, file at

the place of the minor's employment such employment certificate or

permit so that it may be readily accessible to any person authorized by

law to examine such document. An employer's electronic access to such

employment certificate or permit in the database shall meet the

requirements of this subdivision.

5. Minor registration. Any minor under the age of eighteen who plans

to work for an employer within the state shall complete a registration

in the database for any employment certificate or permit. All

information pertaining to the minor shall be confidential and shall not

be accessible by the public. When the minor receives a job offer from an

employer, they must update their certificate or permit in the database

to reflect that employer in order for the certificate or permit to be

valid. If the minor plans to work for a different employer, or for an

employer in addition to the employer for which the minor first

registered, the minor shall update the minor's registration. The minor

shall be required to submit documentation for registration in the form

and manner prescribed by the department.

6. Issuance and revocation of employment certificate or permit. (a)

Any employment certificate or permit issued pursuant to part one of

article sixty-five of the education law shall be issued by the

commissioner electronically within the database. Any application for an

employment certificate or permit that is made pursuant to part one of

article sixty-five of the education law shall be made by a minor on a

form prescribed by the department.

(b) The chancellor in the city school district of the city of New

York, and elsewhere the superintendent of schools or the district

superintendent of schools within their respective jurisdictions, or a

principal of a nonpublic secondary school, may request that the

commissioner revoke a minor's employment certificate or permit. The

requestor shall use the database to file this request and electronically

upload, disclose, or otherwise provide additional information as

necessary. Additional information may relate to: (i) an evaluation of

the student's overall academic performance and past academic record;

(ii) an examination of the student's attendance record; (iii) the

willingness of the student to participate in a cooperative education

program, work study program, school to work program or any other

structured program which provides a student with an opportunity to earn

income while earning academic credit; (iv) such other factors as the

aforementioned officials identify; and (v) any material submitted by the

student. Upon review of information provided by schools or gathered on

their own, the commissioner may revoke the minor's employment

certificate or permit.

7. Records. The commissioner, in consultation with the commissioner of

education, shall provide a method by which authorized school employees

acting on behalf of a school district, board of cooperative educational

services, or nonpublic school may access the database for the purpose of

compliance with part one of article sixty-five of the education law. The

commissioner may share information with such authorized school employees

about registered minors and request information from such school

authorized employees about registered minors or minors applying for a

certificate or permit. Notwithstanding any law, rule, or regulation to

the contrary, a school district, board of cooperative educational

services, nonpublic secondary school and the education department shall

provide the commissioner with such records and information as requested

to fulfill the requirements of this section, provided that, as applied

to student educational records, such entity shall provide all

protections afforded to parents and persons in parental relationships,

or students where applicable, required under the family educational

rights and privacy act, 20 U.S.C. section 1232g, where applicable the

individuals with disabilities education act, sections fourteen hundred,

et seq. of title twenty of the United States code, and the federal

regulations implementing such statutes.

8. Regulations. The commissioner may prescribe regulations necessary

to carry out the provisions of this section.

* NB Effective May 9, 2027

Employment of minors fourteen to eighteen years of age under

physical disability. No employer shall employ a child whose employment

certificate or permit states that the occupation in which the child may

engage is limited because of his physical disability, for more than six

months from the date of issuance of said certificate or permit, nor in

any other occupation than that to which the employment of the child is

limited by the terms of the certificate or permit.

* § 137. Duty of commissioner to transmit information. The

commissioner shall transmit to the local superintendent of schools, on

or before the tenth day of each month, on blanks furnished by the state

education department, the names and home addresses of all children under

eighteen years of age found illegally employed during the preceding

month in the district subject to such superintendent.

* NB Repealed May 9, 2027

Employment of persons apparently under eighteen years of age.

1. If any person apparently under eighteen years of age is employed

without the certificate on file as required by law, in or in connection

with any employment to which the provisions of this article apply, the

commissioner may require the employer to cease employing the person or

file, within ten days after demand, evidence in the form required by the

education law for the issuance of such certificate that the person is

over the age for which the certificate is required.

2. If the employer fails to furnish such evidence within ten days

after demand, and thereafter employs the person, proof of the service of

the demand and of the failure to furnish such evidence shall be prima

facie evidence in any prosecution brought for a violation of this

article that such person is under the age for which such certificate is

required and is unlawfully employed.

* § 139. Physical examination of employed minors; cancellation of

employment certificate. 1. A medical inspector of the department of

labor shall require any minor sixteen or seventeen years of age employed

in or in connection with any trade, business, or service, to submit to a

physical examination by him if in his judgment such minor is physically

unfit for the work at which he is employed. The result shall be recorded

on a form filed with the commissioner.

2. If such minor fails to submit to such examination or if on

examination the inspector finds the minor physically unfit to be so

employed, he shall so report to the commissioner with his reasons

therefor and the commissioner, if he approves the report, shall then

cause the employment certificate issued in accordance with the education

law to be taken from the office of the employer and shall return the

same to the superintendent of schools recommending its cancellation.

* NB Repealed May 9, 2027

* § 140. Enforcement of violations relating to child performers, child

models, street trades, and newspaper carriers. The commissioner is

hereby authorized and empowered to prosecute violations of section 35.01

of the arts and cultural affairs law, relating to child performers,

section 35.05 of the arts and cultural affairs law, relating to child

models, section thirty-two hundred twenty-seven of the education law,

relating to street trades, and section thirty-two hundred twenty-eight

of the education law, relating to newspaper carriers.

* NB Effective until May 9, 2027

* § 140. Enforcement of violations relating to child performers and

child models. The commissioner is hereby authorized and empowered to

prosecute violations of section 35.01 of the arts and cultural affairs

law, relating to child performers, and section 35.05 of the arts and

cultural affairs law, relating to child models.

* NB Effective May 9, 2027

Civil penalties. 1. If the commissioner finds that an employer

has violated any provision of this article or of a rule or regulation

promulgated thereunder, the commissioner may by an order which shall

describe particularly the nature of the violation, assess the employer a

civil penalty of not more than ten thousand dollars for the first such

violation, at least two thousand but not more than twenty-five thousand

dollars for a second violation, and at least ten thousand but not more

than fifty-five thousand dollars for a third or subsequent violation.

Such penalty shall be paid to the commissioner for deposit in the

treasury of the state. In assessing the amount of the penalty, the

commissioner shall give due consideration to the size of the employer's

business, the good faith of the employer to believe that its conduct was

in compliance with the law, the gravity of the violation, the history of

previous violations and the failure to comply with record-keeping or

other requirements, provided, however, that where such violation

involves illegal employment during which a minor is seriously injured or

dies, such penalty shall be at least three thousand dollars but not more

than thirty thousand dollars for the first such violation, at least six

thousand but not more than seventy-five thousand dollars for the second

violation, and at least thirty thousand dollars but not more than one

hundred seventy-five thousand dollars for the third or subsequent

violation. For the purposes of this subdivision, a minor shall be deemed

to be seriously injured if such injury results in a permanent partial or

permanent total disability as determined by the workers' compensation

board.

2. Any order issued under subdivision one of this section shall be

deemed a final order of the commissioner and not subject to review by

any court or agency unless the employer files a petition with the

industrial board of appeals for a review of the order, pursuant to

section one hundred one of this chapter.

3. Provided that no proceeding for administrative or judicial review

as provided in this chapter shall then be pending and the time for

initiation of such proceeding shall have expired, the commissioner may

file with the county clerk of the county where the employer resides or

has a place of business the order of the commissioner or the decision of

the industrial board of appeals containing the amount of the civil

penalty. The filing of such order or decision shall have the full force

and effect of a judgment duly docketed in the office of such clerk. The

order or decision may be enforced by and in the name of the commissioner

in the same manner, and with like effect, as that prescribed by the

civil practice law and rules for the enforcement of a money judgment.

4. The civil penalty provided for in this section shall be in addition

to and may be imposed concurrently with any other remedy or penalty

provided for in this chapter.

Hours of work for minors fourteen and fifteen years of age. 1.

When school is in session. When school is in session, no minor fourteen

or fifteen years of age shall be employed:

a. More than three hours on any school day;

b. More than eight hours on any day when school is not in session;

c. More than eighteen hours a week;

d. More than six days a week; or

e. After seven o'clock in the evening or before seven o'clock in the

morning.

2. When school is not in session. When school is not in session, no

minor fourteen or fifteen years of age shall be employed:

a. More than eight hours a day;

b. More than six days a week;

c. More than forty hours a week; or

d. After seven o'clock in the evening or before seven o'clock in the

morning, except (i) between the twenty-first day of June and Labor day

of the same calendar year, when no such minor shall be employed after

nine o'clock in the evening or before seven o'clock in the morning; or

(ii) where such minor is employed as a junior counselor or

counselor-in-training at a camp for children during the months of June,

July and August.

3. Notwithstanding the provisions of subdivision one of this section,

a minor fourteen or fifteen years of age, who is enrolled when school is

in session in a supervised work study program approved by the

commissioner of education, when such program is in session, may not be

employed:

a. More than three hours on any school day;

b. More than eight hours on any day when school is not in session;

c. More than twenty-three hours a week;

d. More than six days a week; or

e. After seven o'clock in the evening or before seven o'clock in the

morning.

4. This section shall not apply to a newspaper carrier as defined in

section thirty-two hundred twenty-eight of the education law whose hours

of work are governed by such section, a farm laborer, a child performer

whose employment is governed by section 35.01 of the arts and cultural

affairs law and article four-A of this chapter, a child model whose

employment is governed by section 35.05 of the arts and cultural affairs

law, a bridge caddie at a bridge tournament or a baby sitter as defined

in section one hundred thirty-one of this chapter.

Hours of work for minors sixteen and seventeen years of age. 1.

When school is in session, no minor sixteen or seventeen years of age

enrolled in a daytime school, other than a part-time or continuation

school, shall be employed:

a. (i) More than four hours on any day preceding a school day, other

than on a Sunday or holiday; (ii) except that students enrolled in a

cooperative work experience program approved by the department of

education may be employed for no more than six hours on any day

preceding a school day, other than on a Sunday or holiday, if such hours

of employment occur solely pursuant to such program. Any hours worked by

students in such programs shall be included when calculating the number

of hours worked for purposes of subparagraph (i) of this paragraph;

b. More than eight hours on a Friday, Saturday, Sunday or holiday;

c. More than twenty-eight hours a week;

d. More than six days a week;

e. After ten o'clock at night on any day preceding a school day, or

after midnight on any day preceding a school day provided the employer

receives and maintains both the written consent of the minor's parent or

guardian and a certificate which shall be provided to the employer at

the end of each marking period by the minor's school which shall assert

that such minor is in satisfactory academic standing according to the

standards in such school district;

f. After ten o'clock at night on any day preceding a non-school day

or, if the employer receives and maintains the written consent of the

minor's parent or guardian, after midnight; or

g. Before six o'clock in the morning.

2. When school is not in session, no minor sixteen or seventeen years

of age shall be employed:

a. More than eight hours a day, except that for the purpose of making

one or more shorter work days or a holiday in a week, such persons may

be employed up to ten hours on any one day of the week, and nine hours

on any of four other days, but not in excess of forty-eight hours in any

such week;

b. More than forty-eight hours a week;

c. More than six days a week; or

d. After twelve midnight or before six o'clock in the morning.

3. A minor sixteen or seventeen years of age who is not enrolled in a

daytime school when school is in session shall be covered under

subdivision two of this section.

4. This section shall not apply to a newspaper carrier as defined in

section thirty-two hundred twenty-eight of the education law whose hours

of work are governed by such section, a farm laborer, a child performer

whose employment is governed by section 35.01 of the arts and cultural

affairs law and article four-A of this chapter, a child model whose

employment is governed by section 35.05 of the arts and cultural affairs

law, a bridge caddie at a bridge tournament or a baby sitter as defined

in section one hundred thirty-one of this chapter or a seventeen year

old minor employed as a counselor, junior counselor or

counselor-in-training at a camp for children during the months of June,

July and August.

5. a. The provisions of paragraphs b, c and d of subdivision one and

paragraphs a, b and c of subdivision two of this section shall not apply

to (i) employment solely as a singer or performer in a hotel or

restaurant; (ii) employment in a resort or seasonal hotel or restaurant

in a rural community and in a city and village having a population of

less than fifteen thousand inhabitants, excluding that portion of the

population of a third class city residing outside of its corporation tax

district where such city embraces the entire area of a former township.

As used in this subdivision, the term "resort" applies to such hotel or

restaurant which operates for not more than four calendar months and

fifteen days in each year, and the term "seasonal" applies to such hotel

or restaurant in which the number of employees is increased by at least

one hundred percent from the slack to the busiest season; (iii)

employment in or in connection with a beauty parlor in cities and

villages having a population of less than fifteen thousand; (iv)

employment in or in connection with a mercantile establishment during

the following periods: (A) from the eighteenth day of December to the

following twenty-fourth day of December, inclusive; or (B) for any seven

consecutive days during the period from the fourth day of December to

the following twenty-third day of December, inclusive, selected by an

employer by filing written notice with the commissioner on or before the

first day of December designating the days selected. An employer may

make such selection for the employer's establishment, or if there is

more than one establishment, for any one or more of such establishments;

and (C) for two additional periods each year, for the purpose of taking

inventory, each period not to be more than one week's duration. Each

period shall not exceed a total of six hours if the minor is employed on

an eight-hour-day basis, or five hours if employed ten hours on one day

and nine hours on any of four other days of the week, in addition to the

hours permitted in this section;

b. The provisions of paragraph d of subdivision one and paragraph c of

subdivision two of this section shall not apply to (i) employment as a

writer or reporter in a newspaper office or (ii) employment by a duly

recognized florist on the day before Easter Sunday, on Easter Sunday

morning, and on the twenty-third day of December of each year;

c. The provisions of paragraph e of subdivision one and paragraph d of

subdivision two of this section shall not apply to those employments

listed in subparagraphs (i) and (ii) of paragraph a of this subdivision

and subparagraphs (i) and (ii) of paragraph b of this subdivision nor to

employment by a duly licensed airline in the maintenance of aircraft

through a work study or job trainee program, under recognized state or

local educational authority, or through a course of study in a

substantially similar program conducted by a private school or through a

training program which is publicly funded in whole or in part nor to

employment as a junior counselor, counselor in training or counselor at

a camp for children during the months of June, July and August.

6. The provisions of this section shall not apply to the employment of

a minor seventeen years of age as an election inspector or poll clerk

pursuant to section 3-400 of the election law.

Posting of hours. 1. The employer shall make a schedule for

all minors employed by the employer, setting forth the hours of

beginning and stopping and the time allowed for meals, which shall be

kept conspicuously posted in each establishment where such persons are

employed.

A change in the schedule of hours worked by minors pursuant to the

provisions of this chapter shall be allowed provided that the posted

schedule reflects the change. Nothing herein shall be construed so as

to affect the limitations on hours worked by such minors as set forth

elsewhere in this chapter.

2. The presence of any person subject to this article at any hours

other than those stated in the above notice, or the failure to post such

notice, shall constitute prima facie evidence of a violation of this

article.

3. Where a person is employed in two or more establishments on the

same day or week, the total time of employment shall not exceed that

allowed per day or week in a single establishment.

4. Exception. If the commissioner finds that because of the nature of

the work in a factory it is practically impossible to fix the hours of

work weekly in advance, he may upon an application stating facts showing

the necessity therefor, grant a permit dispensing with the poster

required by this section. In every factory operating under such a

permit, a time book shall be kept in a form approved by the commissioner

showing the name and addresses of all employees subject to this

subdivision and the hours worked by each of them on each day. No person

shall knowingly make or suffer to be made a false entry in any such time

book. Such time book shall be kept for a period of six years and shall

be available upon request of the commissioner at the place of

employment. The permit shall be posted conspicuously in the factory, and

the commissioner may revoke the permit for failure to comply with the

provisions of this subdivision.

Criminal penalties. Any person who knowingly violates any

provision of this article and any officer or agent of a corporation who

knowingly permits the corporation to violate any such provisions shall

be guilty of a misdemeanor, and upon conviction therefor shall be

punished by a fine of not more than five hundred dollars or imprisonment

for not more than sixty days or by both such fine and imprisonment for a

first offense, or by a fine of not more than five thousand dollars or

imprisonment for not more than one year, or by both such fine and

imprisonment for a second or subsequent offense.

Definitions. For the purpose of this article:

1. "Artistic or creative services" shall include, but are not limited

to, services as an actor, actress, dancer, musician, comedian, singer,

stunt-person, voice-over artist, runway or print model, or other

performer or entertainer, or as a songwriter, musical producer or

arranger, writer, director, producer, production executive,

choreographer, composer, conductor, or designer.

2. "Child performer" shall mean any child under the age of eighteen

who (a) resides in the state of New York and who agrees to render

artistic or creative services; or

(b) agrees to render artistic or creative services in the state of New

York.

3. "Child performer's employer" shall mean a person or entity which

employs a child performer to furnish artistic or creative services for a

fee either directly or through a third-party provider (loan-out company)

or an agency or service that provides artistic or creative services

(casting agency).

4. "Child performer trust account" shall mean an account established

for the benefit of a child performer in accordance with part seven of

article seven of the estates, powers and trusts law.

5. "Gross earnings" shall mean the total compensation prior to taxes,

deductions, or commissions payable to a child performer pursuant to a

contract or in the case of a third-party individual or personal services

corporation (loan-out company), the total compensation paid to the

third-party for the services of the child performer. However, where the

child performer is employed as a musician, singer, songwriter, musical

producer, or arranger it means the total compensation under the contract

including advances but excluding deductions to offset those advances or

other expenses incurred by the employer pursuant to the contract.

6. "Permit" shall refer to the documentation issued by the department

to a child performer pursuant to this article.

7. "Certificate of eligibility" shall refer to the documentation

issued by the department to an employer of a child performer pursuant to

this article.

8. "Employment schedule" shall mean the time that a child performer is

required to be present at the actual place of employment, excluding

travel.

Employment requirements. 1. (a) Notwithstanding the provisions

of section 35.01 of the arts and cultural affairs law, a child performer

may be employed, used or exhibited in any of the exhibitions, rehearsals

or performances set forth in subdivision one of section 35.01 of the

arts and cultural affairs law if a child performer permit has been

issued in accordance with the provisions of this section.

(b) A child performer shall be required to have an employment permit.

Employment permits for child performers shall be valid for one year from

the date of issuance.

(c) An application for a child performer permit shall be made on a

form prescribed by the department and shall contain such matters as the

department may deem to be necessary, including the following:

(i) the true and stage name and the age of the child, and the name and

address of his parent or guardian;

(ii) the written consent of the parent or guardian;

(iii) the evidence provided by the child performer each semester to

the department demonstrating that such child is maintaining satisfactory

academic performance as determined by the child performer's school of

enrollment pursuant to state law.

(d) At the time a child performer applies for an employment permit,

the commissioner shall inform the child performer of the child performer

trust requirements. The commissioner shall provide a notice in bold

twelve point type to read as follows: "NEW YORK STATE LAW REQUIRES

FIFTEEN PERCENT OF A CHILD PERFORMER'S EARNINGS TO BE PLACED IN TRUST IN

ACCORDANCE WITH PART 7 OF ARTICLE 7 OF THE ESTATES, POWERS AND TRUSTS

LAW. THE CHILD PERFORMER'S PARENTS OR GUARDIAN MUST ESTABLISH THE CHILD

PERFORMER TRUST ACCOUNT TO COMPLY WITH THIS REQUIREMENT. THE CHILD'S

PARENTS OR GUARDIAN MUST PROVIDE THE CHILD PERFORMER'S EMPLOYER WITH THE

INFORMATION NECESSARY TO TRANSFER THESE MONIES TO THE ACCOUNT. FAILURE

TO COMPLY WITH THIS REQUIREMENT WILL PREVENT THE DEPARTMENT OF LABOR

FROM RENEWING THE CHILD'S PERMIT TO WORK AS A CHILD PERFORMER."

(e) No permit shall allow a child to participate in an exhibition,

rehearsal or performance which is harmful to the welfare, development or

proper education of such child. A permit may be revoked by the

department for good cause.

2. Prior to employment of a child performer, every person, or agent or

officer of any entity employing a child performer shall receive a

certificate of eligibility to employ a child performer from the

department. Each application for initial registration shall be

accompanied by a fee determined by the commissioner in an amount

sufficient in the aggregate to defray the department's costs of

administering the registration program, provided, that such fee shall

not exceed three hundred fifty dollars for initial registration or two

hundred dollars for registration renewal. Companies that operate

theaters of four hundred ninety-nine seats or fewer shall pay no more

than two hundred dollars for an initial and renewal certificates. An

employers' certificate of eligibility shall be renewed every three

years.

3. Every person, or agent or officer, employing child performers,

either directly or indirectly through third persons, shall keep on file

all permits and certificates, either to work or to employ, issued under

this article or pursuant to the education law. The files shall be open

at all times to the inspection of the school attendance and probation

officers, the state board of education, and the department. No such

authority shall be denied entrance to such place of employment of child

performers. If such authority is denied entrance to such place of

employment, or if any violations of laws relating to the employment of

child performers are found to exist, such authority shall report the

violation to the department. Such report shall be made within

forty-eight hours and shall be in writing, setting forth the fact that

he or she has good cause to believe that such laws are being violated in

such place of employment and describing the nature of the violation.

4. (a) The work permit of a child performer in the entertainment

industry shall not be renewed, nor shall a subsequent work permit be

issued, unless the parent or guardian demonstrates to the department

that a child performer trust account in accordance with part seven of

article seven of the estates, powers and trusts law has been established

for the benefit of the child performer.

(b) The limitation set forth in paragraph (a) of this subdivision

shall not apply to the issuance of an employer's certificate of

eligibility or to a child performer covered by an employer's certificate

of eligibility who subsequently seeks to obtain an initial individual

permit to work.

5. Failure to produce any permit or certificate either to work or to

employ is prima facie evidence of the illegal employment of any child

performer whose permit or certificate is not produced. Proof that any

person was the manager or superintendent of any place of employment

subject to the provisions of this article at the time any child

performer is alleged to have been employed therein in violation thereof,

is prima facie evidence that the person employed or permitted the child

performer to work. The sworn statement of the commissioner, or his or

her deputy or agents, as to the age of any child performer affected by

this article is prima facie evidence of the age of such child.

Educational requirement. 1. A child performer shall fulfill

educational requirements as set forth in part one of article sixty-five

of the education law. If a child performer is unable to meet such

educational requirements due to his or her employment schedule, the

employer shall be required to comply with subdivision two of this

section.

2. (a) Any person, or agent or officer employing, either directly or

indirectly through a third person, a child performer certified pursuant

to this article shall provide a teacher, who is either certified or has

credentials recognized by the state of New York, to such child performer

to fulfill educational requirements pursuant to the education law. Such

child performer shall not be declared absent from school while working

pursuant to the permit requirement in accordance with this article. The

requirements of this section shall only be applicable when the child

performer is not receiving educational instruction due to his or her

employment schedule.

(b) A child performer receiving educational instruction pursuant to

this subdivision, and such child's parents or guardians, shall work with

the certified teacher provided to the child performer and the child's

school of enrollment to fulfill such educational requirements.

3. No minor having a permit to work issued by the department and no

minor under eighteen years of age, who is otherwise required by law to

be enrolled and attend school, shall be without educational instruction

and unemployed for a period longer than ten consecutive days while the

school of enrollment is in session.

Enforcement of violations; civil penalties. If the commissioner

finds that a child performer's employer has violated any provision of

this article or of a rule or regulation promulgated thereunder, the

commissioner may by an order which shall describe particularly the

nature of the violation, assess such employer a civil penalty of not

more than one thousand dollars for the first violation, not more than

two thousand dollars for a second violation and not more than three

thousand dollars for a third or subsequent violation. Such penalty shall

be paid to the commissioner and placed into the child performer's

protection fund established in section ninety-nine-j of the state

finance law and administered by the department. Monies accredited to the

child performer's protection fund shall be utilized for the purpose of

this article. The department shall promulgate rules and regulations for

the administration of the child performer's protection fund.

Child performer advisory board to prevent eating disorders. 1.

The commissioner, in consultation with the commissioner of health and

the commissioner of mental health, shall establish a child performer

advisory board for the purpose of recommending guidelines for the

employment of child performers and models under the age of eighteen and

preventing eating disorders such as anorexia nervosa and bulimia nervosa

amongst such persons. The advisory board shall consist of at least

sixteen but no more than twenty members appointed by the commissioner,

and shall include: representatives of professional organizations or

unions representing child performers or models; employers representing

child performers or models; physicians, nutritionists and mental health

professionals with demonstrated expertise in treating patients with

eating disorders; at least one representative from each of the

comprehensive care centers for eating disorders established pursuant to

article thirty of the mental hygiene law; advocacy organizations working

to prevent and treat eating disorders; and other members deemed

necessary by the commissioner. In addition, the commissioner of health

and the commissioner of mental health, or their designees, shall serve

on the advisory board. The members of the advisory board shall receive

no compensation for their services but shall be reimbursed their actual

and necessary expenses incurred in the performance of their duties.

2. The advisory board is authorized to develop recommendations to the

commissioner establishing guidelines relating to the employment of child

performers and models under the age of eighteen for purposes of

preventing and accessing treatment for eating disorders such as anorexia

nervosa and bulimia nervosa amongst such child performers and models.

When developing such guidelines, the advisory board shall consider (a)

body mass index standards or weight and height standards, (b) employment

restrictions for persons diagnosed with or suspected of having an eating

disorder, (c) requiring medical or mental health screenings, by medical

or mental health professionals with demonstrated expertise in the

diagnosis and treatment of eating disorders, for persons suspected of

having an eating disorder, and (d) requiring referrals for treatment of

eating disorders.

3. The advisory board shall further develop recommendations for

educational and informational materials for such child performers and

models, their parents and/or guardians and their employers regarding

awareness and recognition of eating disorders, and referral and

treatment information of eating disorders such as anorexia nervosa and

bulimia nervosa.

4. The commissioner shall consider the recommendations developed by

the advisory board, which include employment guidelines and the

development of educational and informational materials pursuant to this

section, when adopting, promulgating, amending and rescinding the rules

and regulations necessary to carry out the provisions of this section.

The advisory board shall report to the commissioner regarding its

recommendations, including the guidelines, programs and findings

developed pursuant to this section.

Regulations. The commissioner shall promulgate such rules and

regulations as shall be necessary and proper to effectuate the purposes

and provisions of this article, including but not limited to the

promulgation of regulations determining the hours and conditions of work

necessary to safeguard the health, education, morals and general welfare

of child performers.

Hours to constitute a day's work. Unless otherwise provided by

law, the following number of hours shall constitute a legal day's work:

1. For street surface or elevated railroad employees as affected by

section one hundred and sixty-four, ten consecutive hours, including

one-half hour for dinner.

2. For employees engaged in the operation of steam or electric

surface, subway or elevated railroads where the mileage system of

running trains is not in use, except those employees affected by section

one hundred and sixty-six, ten hours, performed within twelve

consecutive hours.

3. For all other employees, except those engaged in farm work and

those affected by subdivision four of section two hundred twenty of this

chapter, eight hours.

This subdivision shall not prevent an agreement for overwork at an

increased compensation, except upon work by or for the state or a

municipal corporation, or by contractors or subcontractors therewith,

and except as otherwise provided in this chapter.

One day rest in seven. 1. Every employer operating a factory,

mercantile establishment, hotel, restaurant, or freight or passenger

elevator in any building or place shall, except as herein otherwise

provided, allow every person employed in such establishment or in the

care, custody or operation of any such elevator, at least twenty-four

consecutive hours of rest in any calendar week. Every employer operating

a place in which motion pictures are shown shall allow the projectionist

or operator of the motion picture machine and engineers and firemen

therein at least twenty-four consecutive hours of rest in any calendar

week. Every employer operating a place in which legitimate theatre

productions such as dramatic and musical productions are shown or

exhibited shall allow all employees, including the performers in the

cast therein and engineers and firemen, at least twenty-four consecutive

hours of rest in each and every calendar week, but this shall not apply

to any place wherein motion pictures, vaudeville or incidental stage

presentations or a combination thereof are regularly given throughout

the week as the established policy of such place; except that engineers

and firemen employed in such place shall be allowed at least twenty-four

consecutive hours of rest in any calendar week. No employer shall

operate such establishment, place or elevator on Sunday unless he shall

comply with subdivision three. This section does not authorize any work

on Sunday not permitted now or hereafter by law.

Every owner, lessee and operator of a dwelling, apartment, loft and

office building, garage, storage place and building, wherein or whereat

a watchman or watchmen or engineer or fireman are employed, shall allow

such person or persons so employed at least twenty-four consecutive

hours of rest in each and every calendar week.

Every owner, lessee or operator of a warehouse, storagehouse, office,

dwelling, apartment, loft and any other building or structure wherein a

janitor, superintendent, supervisor or manager or engineer or fireman is

employed, shall allow such person or persons so employed at least

twenty-four consecutive hours of rest in each and every calendar week.

Every person employed as a domestic worker as defined in subdivision

sixteen of section two of this chapter, shall be allowed at least

twenty-four consecutive hours of rest in each and every calendar week.

No provision of this paragraph shall prohibit a domestic worker from

voluntarily agreeing to work on such day of rest required by this

paragraph, provided that the worker is compensated at the overtime rate

for all hours worked on such day of rest. The day of rest authorized

under this subdivision should, whenever possible, coincide with the

traditional day reserved by the domestic worker for religious worship.

In addition, after one year of work with the same employer a domestic

worker shall be entitled to at least three days of rest in each calendar

year at the regular rate of compensation.

Every person employed as a farm laborer shall be allowed at least

twenty-four consecutive hours of rest in each and every calendar week.

Twenty-four consecutive hours spent at rest because of circumstances,

such as weather or crop conditions, shall be deemed to constitute the

rest required by this paragraph. No provision of this paragraph shall

prohibit a farm laborer from voluntarily agreeing to work on such day of

rest required by this paragraph, provided that the farm laborer is

compensated at an overtime rate which is at least one and one-half times

the laborer's regular rate of pay for all hours worked on such day of

rest. The term "farm labor" shall include all services performed in

agricultural employment in connection with cultivating the soil, or in

connection with raising or harvesting of agricultural commodities,

including the raising, shearing, caring for and management of livestock,

poultry or dairy. The day of rest authorized under this subdivision

should, whenever possible, coincide with the traditional day reserved by

the farm laborer for religious worship.

2. This section shall not apply to:

a. Foreman in charge;

b. Employees in milk condenseries, milk powder factories, milk sugar

factories, milk shipping stations, butter and cheese factories, ice

cream manufacturing plants and milk bottling plants, where not more than

seven persons are employed;

c. Employees, if the board in its discretion approves, engaged in an

industrial or manufacturing process necessarily continuous, in which no

employee is permitted to work more than eight hours in any calendar day;

d. Employees whose duties include not more than three hours' work on

Sunday in setting sponges in bakeries, maintaining fires, or making

necessary repairs to boilers or machinery.

e. Employees in resort or seasonal hotels and restaurants in rural

communities and in cities and villages having a population of less than

fifteen thousand inhabitants, excluding that portion of the population

of a third class city residing outside of its corporation tax district

where such city embraces the entire area of a former township. As used

in this subdivision, the term "resort" shall apply to any establishment

enumerated herein which operates for not more than four calendar months

and fifteen days in each year, and the term "seasonal" shall apply to

any establishment enumerated herein in which the number of employees is

increased by at least one hundred per cent from the slack to the busiest

season.

f. Employees in dry dock plants engaged in making repairs to ships.

3. Before operating on Sunday, every employer shall designate a day of

rest, consisting of at least twenty-four consecutive hours of rest in

each and every calendar week for each employee, and shall notify each

employee in advance of his or her designated day of rest. No employee

shall be permitted to work on his designated day of rest.

4. Every employer shall keep a time book showing the names and

addresses of his employees and the hours worked by each of them in each

day.

5. If there shall be practical difficulties or unnecessary hardship in

carrying out the provisions of this section or the rules promulgated

hereunder, the commissioner may make a variation therefrom if the spirit

of the act be observed and substantial justice done. Such variation

shall describe the conditions under which it shall be permitted and

shall apply to substantially similar conditions. A properly indexed

record of variations shall be kept by the department.

6. In case of violation of any of the provisions of this section, the

commissioner shall issue an order directing compliance therewith, and

upon failure so to comply shall commence a prosecution as provided by

law.

Time allowed for meals. 1. Every person employed in or in

connection with a factory shall be allowed at least sixty minutes for

the noon day meal.

2. Every person employed in or in connection with a mercantile or

other establishment or occupation coming under the provisions of this

chapter shall be allowed at least thirty minutes for the noon day meal,

except as in this chapter otherwise provided. The noon day meal period

is recognized as extending from eleven o'clock in the morning to two

o'clock in the afternoon. An employee who works a shift of more than

six hours which extends over the noon day meal period is entitled to at

least thirty minutes off within that period for the meal period.

3. Every person employed for a period or shift starting before eleven

o'clock in the morning and continuing later than seven o'clock in the

evening shall be allowed an additional meal period of at least twenty

minutes between five and seven o'clock in the evening.

4. Every person employed for a period or shift of more than six hours

starting between the hours of one o'clock in the afternoon and six

o'clock in the morning, shall be allowed at least sixty minutes for a

meal period when employed in or in connection with a factory, and

forty-five minutes for a meal period when employed in or in connection

with a mercantile or other establishment or occupation coming under the

provisions of this chapter, at a time midway between the beginning and

end of such employment.

5. The commissioner may permit a shorter time to be fixed for meal

periods than hereinbefore provided. The permit therefor shall be in

writing and shall be kept conspicuously posted in the main entrance of

the establishment. Such permit may be revoked at any time.

Hours of labor in brickyards. No corporation owning or

operating a brickyard shall require employees to work more than ten

hours in any day, or to commence work before seven o'clock in the

morning. But overwork and work prior to seven o'clock in the morning for

extra compensation may be performed by agreement between employer and

employee.

Farm laborers. No person or corporation operating a farm

shall require any farm laborer to work more than sixty hours in any

calendar week; provided, however, that any overtime work performed by a

farm laborer shall be at a rate which is at least one and one-half times

the farm laborer's regular rate of pay.

Hours of labor on street railroads. No employee engaged in the

operation of a street surface or elevated railroad of whatever motive

power owned or operated by a corporation whose main line or route of

travel lies principally within a city of the first or second class,

shall be employed more than ten consecutive hours, including one-half

hour for dinner, in any day, except that in cases of accident or

unavoidable delay extra work may be performed for extra compensation.

Steam and other railroads. 1. No person or corporation

operating a steam or electric surface, subway or elevated railroad of

thirty miles or more in length, wholly or partly within this state,

except where the mileage system of running trains is in operation, shall

permit or require a conductor, engineer, fireman, trainman, motorman or

assistant motorman, engaged in or connected with the movement of any

train on such railroad, to be or remain on duty for a longer period than

sixteen consecutive hours. Whenever any such employee shall have been

continuously on duty for sixteen hours he shall not be required or

permitted again to go on duty until he has had at least ten consecutive

hours off duty. No such employee who has been on duty sixteen hours in

the aggregate in any twenty-four hour period shall be required or

permitted to continue or again go on duty without having had at least

eight consecutive hours off duty.

2. This section shall not apply to any such employee when he is

prevented from reaching his terminal by casualty occurring after he has

started on his trip or by accident to or unexpected delay of trains

scheduled to make connection with the train on which he is serving, or

when he is engaged in interstate commerce.

Signalmen. 1. When used in this section "signalman" means:

a. A telegraph or telephone operator reporting trains to another

office or to a train dispatcher;

b. A telegraph or telephone leverman who manipulates interlocking

machines in railroad yards or on main tracks on the lines;

c. A train dispatcher whose duties pertain to the movement of cars,

engines or trains, by telegraph or telephone in dispatching or reporting

trains or receiving or transmitting train orders.

2. When used in this section "railroad" means: any portion of a

surface, subway or elevated railroad situated wholly or partly in this

state and operated by a corporation or receiver on which portion at

least twenty freight trains on the average or nine regular passenger

trains pass each way in every twenty-four hours.

3. No signalman shall be employed on any railroad for more than eight

hours in any day except in cases of extraordinary emergency caused by

accident, fire, flood or danger to life or property and he shall be paid

for each hour of such overtime at least one-eighth of his daily

compensation.

4. Every signalman and every towerman or gateman performing duties

similar to those of a signalman, who is employed for eight hours or more

every day shall be allowed at least two days of rest of twenty-four

hours each in every calendar month with the regular compensation, except

in cases of extraordinary emergency caused by accident, fire, flood, or

danger to life or property, when in addition to his regular compensation

he shall be paid for every hour so employed at least one-eighth of his

daily compensation.

5. The provisions of this section shall not apply to employees engaged

in interstate commerce.

Restrictions on consecutive hours of work for nurses. 1. When

used in this section:

a. "Health care employer" shall mean any individual, partnership,

association, corporation, limited liability company or any person or

group of persons acting directly or indirectly on behalf of or in the

interest of the employer, which provides health care services (i) in a

facility licensed or operated pursuant to article twenty-eight of the

public health law, including any facility operated by the state, a

political subdivision or a public corporation as defined by section

sixty-six of the general construction law, or (ii) in a facility

operated by the state, a political subdivision or a public corporation

as defined by section sixty-six of the general construction law,

operated or licensed pursuant to the mental hygiene law, the education

law, the correction law, or section five hundred four of the executive

law.

b. "Nurse" shall mean a registered professional nurse or a licensed

practical nurse as defined by article one hundred thirty-nine of the

education law who provides direct patient care.

c. "Regularly scheduled work hours", including pre-scheduled on-call

time and the time spent for the purpose of communicating shift reports

regarding patient status necessary to ensure patient safety, shall mean

those hours a nurse has agreed to work and is normally scheduled to work

pursuant to the budgeted hours allocated to the nurse's position by the

health care employer; and if no such allocation system exists, some

other measure generally used by the health care employer to determine

when an employee is minimally supposed to work, consistent with the

collective bargaining agreement, if any. Nothing in this section shall

be construed to permit an employer to use on-call time as a substitute

for mandatory overtime.

2. a. Notwithstanding any other provision of law no health care

employer shall require a nurse to work more than that nurse's regularly

scheduled work hours, except pursuant to subdivision three of this

section.

b. Nothing in this section shall prohibit a nurse from voluntarily

working overtime.

3. The limitations provided for in this section shall not apply in the

case of:

a. a health care disaster, such as a natural or other type of disaster

that increases the need for health care personnel, unexpectedly

affecting the county in which the nurse is employed or in a contiguous

county; or

b. a federal, state or county declaration of emergency in effect in

the county in which the nurse is employed or in a contiguous county; or

c. where a health care employer determines there is an emergency,

necessary to provide safe patient care. For the purposes of this

paragraph, "emergency", including an unanticipated staffing emergency,

is defined as an unforeseen event that could not be prudently planned

for by an employer and does not regularly occur; or

d. an ongoing medical or surgical procedure in which the nurse is

actively engaged and whose continued presence through the completion of

the procedure is needed to ensure the health and safety of the patient.

4. The provisions of this section are intended as a remedial measure

to protect the public health and the quality of patient care, and shall

not be construed to diminish or waive any rights of any nurse pursuant

to any other law, regulation, or collective bargaining agreement.

5. Oversight of the use of mandatory overtime during an emergency. a.

The commissioner, in consultation with the commissioner of health, shall

have the authority to promulgate any regulations necessary to carry out

the provisions of this section.

b. Any health care employer that utilizes an exception to the

limitation on mandatory overtime provisions as provided for in

subdivision three of this section shall notify the department when such

provisions are in use. If a health care employer has utilized the

mandatory overtime provisions as provided for in this section for

fifteen days or more in a given month, the employer shall report to the

department and the department of health: (i) the number of days

mandatory overtime was required; (ii) the number of employees that were

required to remain on duty in overtime status; and (iii) the dates and

times mandatory overtime was required. If a health care employer has

utilized mandatory overtime provisions under this section for forty-five

days or more in any consecutive three month period the health care

employer shall file with the department and the department of health an

explanation for why mandatory overtime was required and provide an

estimate of when the employer intends to cease the use of mandatory

overtime.

c. The department shall establish an enforcement officer to oversee

investigations into any complaints of violations of this section.

d. The health care employer shall, before utilizing mandatory overtime

provisions and requiring an on-duty employee to remain, make a good

faith effort to have overtime covered on a voluntary basis, including,

but not limited to, calling per diems, agency nurses, assigning floats,

or requesting an additional day of work from off-duty employees, to the

extent such staffing options exist. Failure to engage in a good faith

effort pursuant to this section shall be a violation. Any employee who

has been required to work in violation of this section may file a

complaint with the enforcement officer alleging such violation. Any

complaint made pursuant to this paragraph must be made in good faith.

6. Upon receipt of a complaint pursuant to subdivision five of this

section, the enforcement officer may cause such investigation to be

made, in consultation with the department of health and shall notify the

employer. If, after investigation, the commissioner determines that an

employer has violated this section, the commissioner shall issue to the

employer an order directing compliance therewith, which shall describe

particularly the alleged violation. A copy of such order shall be

provided to any employee who has filed a complaint and to his or her

authorized representative. The commissioner may assess the employer a

civil penalty in an amount not to exceed one thousand dollars for a

first violation, two thousand dollars for a second violation if within

twelve months, or three thousand dollars for a third or subsequent

violation of this section if within twelve months; provided, however,

that the department may assess an employer a civil penalty of not more

than five hundred dollars for any violation of paragraph b of

subdivision five of this section.

7. The department shall develop and make available on its website a

poster containing information for employees on filing a complaint

pursuant to this section. Every health care employer shall display such

poster in a conspicuous location accessible to employees in the

workplace.

Hours of labor of certain state employees. 1. This section

shall apply to all persons employed by the state in the ward, cottage,

colony, kitchen and dining room, and guard service personnel in any

hospital, school, prison, reformatory or other institution within or

subject to the jurisdiction, supervision, control or visitation of the

department of corrections and community supervision, the department of

health, the department of mental hygiene, the department of social

welfare or the department of veterans' services, and engaged in the

performance of such duties as nursing, guarding or attending the

incarcerated individuals, patients, wards or other persons kept or

housed in such institutions, or in protecting and guarding the buildings

and/or grounds thereof, or in preparing or serving food therein.

2. No person to whom this section is applicable shall be required to

work more than eight hours in any day or more than forty hours or more

than six days in any calendar week except in cases of fire, riot, flood,

famine, pestilence or other cases of emergency endangering life or

property; provided, however, that any such person, upon his own request

and with the approval of the head of the institution in which he is

employed, may be permitted to work one additional eight-hour day in any

calendar week for not more than seven calendar weeks and be allowed

continuous days free from duty equivalent to the number of additional

days so worked. The provisions of this section shall not be interpreted

to increase the number of working hours per day or the number of working

days per week of any person for whom a shorter work-day or work-week is

now provided.

One day of rest for certain state employees. Every person

employed by the state, upon its canal system in the maintenance or

operation of bridges, locks or other works or structures which are part

of such system, shall be allowed and permitted a period of at least

twenty-four consecutive hours of rest in each calendar week. No person

shall, by reason of the provisions of this section, receive any

reduction in the total weekly compensation paid him.

One day of rest for state employees. No person employed by

the state shall be required to work more than six days in any calendar

week, except in cases of fire, riot, flood, famine, pestilence or other

cases of emergency endangering life or property; provided, however, that

any such person, upon his own request and with the approval of the head

of the department or institution in which he is employed, may be

permitted to work one additional day in any calendar week for not more

than seven calendar weeks and be allowed continuous days free from duty

equivalent to the number of additional days so worked. No person shall,

by reason of the provisions of this section, receive any reduction in

the total weekly compensation paid him. This section shall not apply to

officers and members of the state police force.

Hours of labor for domestic workers. No person or corporation

employing a domestic worker as defined in subdivision sixteen of section

two of this chapter, shall require any domestic worker to work more than

forty hours in a week, or forty-four hours in a week for domestic

workers who reside in the home of their employer; unless they receive

compensation for overtime work at a rate which is at least one and

one-half times the worker's normal wage rate.

Definitions. As used in this article:

1. "Wages" means the earnings of an employee for labor or services

rendered, regardless of whether the amount of earnings is determined on

a time, piece, commission or other basis. The term "wages" also includes

benefits or wage supplements as defined in section one hundred

ninety-eight-c of this article, except for the purposes of sections one

hundred ninety-one and one hundred ninety-two of this article.

2. "Employee" means any person employed for hire by an employer in any

employment, but with respect to the entirety of this article, except

sections one hundred ninety-three, one hundred ninety-six-b, one hundred

ninety-eight, and one hundred ninety-eight-b, shall not include any

person who has entered into a contract to play baseball at the minor

league level and who is compensated pursuant to the terms of a

collective bargaining agreement that expressly provides for the wages,

hours of work, and working conditions of employees.

3. "Employer" includes any person, corporation, limited liability

company, or association employing any individual in any occupation,

industry, trade, business or service. The term "employer" shall not

include a governmental agency.

4. "Manual worker" means a mechanic, workingman or laborer, but shall

not include any person who has entered into a contract to play baseball

at the minor league level and who is compensated pursuant to the terms

of a collective bargaining agreement that expressly provides for the

wages, hours of work, and working conditions of employees.

5. "Railroad worker" means any person employed by an employer who

operates a steam, electric or diesel surface railroad or is engaged in

the sleeping car business. The term "railroad worker" shall not include

a person employed in an executive capacity.

6. "Commission salesman" means any employee whose principal activity

is the selling of any goods, wares, merchandise, services, real estate,

securities, insurance or any article or thing and whose earnings are

based in whole or in part on commissions. The term "commission salesman"

does not include an employee whose principal activity is of a

supervisory, managerial, executive or administrative nature.

7. "Clerical and other worker" includes all employees not included in

subdivisions four, five and six of this section, except any person

employed in a bona fide executive, administrative or professional

capacity whose earnings are in excess of one thousand three hundred

dollars a week.

8. "Week" means a calendar week or a regularly established payroll

week. "Month" means a calendar month or a regularly established fiscal

month.

9. "Non-profitmaking organization" means a corporation, unincorporated

association, community chest, fund or foundation organized and operated

exclusively for religious, charitable or educational purposes, no part

of the net earnings of which inure to the benefit of any private

shareholder or individual.

Frequency of payments. 1. Every employer shall pay wages in

accordance with the following provisions:

a. Manual worker.--- (i) A manual worker shall be paid weekly and not

later than seven calendar days after the end of the week in which the

wages are earned; provided however that a manual worker employed by an

employer authorized by the commissioner pursuant to subparagraph (ii) of

this paragraph or by a non-profitmaking organization shall be paid in

accordance with the agreed terms of employment, but not less frequently

than semi-monthly.

(ii) The commissioner may authorize an employer which has in the three

years preceding the application employed an average of one thousand or

more persons in this state or has for one year preceding the application

employed an average of one thousand or more persons in this state and

has for three years preceding the application employed an average of

three thousand or more persons outside the state to pay less frequently

than weekly but not less frequently than semi-monthly if the employer

furnishes satisfactory proof to the commissioner of its continuing

ability to meet its payroll responsibilities. In making this

determination the commissioner shall consider the following: (A) the

employer's history meeting its payroll responsibilities in New York

state or if no such history in New York state is available, other

financial information, as requested by the commissioner, which will

assist the commissioner in determining the likelihood of the employer's

continuing ability to meet payroll responsibilities; (B) proof of the

employer's coverage for workers' compensation and disability; (C) proof

that there are no outstanding warrants of the department of taxation and

finance or the department of labor against the employer for failure to

remit state personal income tax withholdings or unemployment insurance

contributions; and (D) proof that the employer has a computerized record

keeping system for payroll which, at a minimum, specifies hours worked,

rate of pay, gross wages, deductions and date of pay for each employee.

If the employers' manual workers are represented by a labor

organization, the commissioner shall not grant an employer's application

for authorization under this subparagraph unless that labor organization

consents thereto.

Upon notice to the employer and an opportunity to be heard, the

commissioner may rescind such authorization whenever the commissioner

has determined, based upon the factors enumerated above, that the

employer is no longer able to meet its payroll responsibilities as

previously authorized.

b. Railroad worker.--- A railroad worker shall be paid on or before

Thursday of each week the wages earned during the seven-day period

ending on Tuesday of the preceding week; and provided further that at

the written request and notification of address by any employee, every

railroad corporation, with the exception of those commuter railroads

under the jurisdiction of the metropolitan transportation authority,

shall mail every check for wages of such employee via the United States

postal service, first class mail.

c. Commission salespersons.--A commission salesperson shall be paid

the wages, salary, drawing account, commissions and all other monies

earned or payable in accordance with the agreed terms of employment, but

not less frequently than once in each month and not later than the last

day of the month following the month in which they are earned; provided,

however, that if monthly or more frequent payment of wages, salary,

drawing accounts or commissions are substantial, then additional

compensation earned, including but not limited to extra or incentive

earnings, bonuses and special payments, may be paid less frequently than

once in each month, but in no event later than the time provided in the

employment agreement or compensation plan. The employer shall furnish a

commission salesperson, upon written request, a statement of earnings

paid or due and unpaid. The agreed terms of employment shall be reduced

to writing, signed by both the employer and the commission salesperson,

kept on file by the employer for a period not less than three years and

made available to the commissioner upon request. Such writing shall

include a description of how wages, salary, drawing account, commissions

and all other monies earned and payable shall be calculated. Where the

writing provides for a recoverable draw, the frequency of reconciliation

shall be included. Such writing shall also provide details pertinent to

payment of wages, salary, drawing account, commissions and all other

monies earned and payable in the case of termination of employment by

either party. The failure of an employer to produce such written terms

of employment, upon request of the commissioner, shall give rise to a

presumption that the terms of employment that the commissioned

salesperson has presented are the agreed terms of employment.

d. Clerical and other worker.--- A clerical and other worker shall be

paid the wages earned in accordance with the agreed terms of employment,

but not less frequently than semi-monthly, on regular pay days

designated in advance by the employer.

2. No employee shall be required as a condition of employment to

accept wages at periods other than as provided in this section.

3. If employment is terminated, the employer shall pay the wages not

later than the regular pay day for the pay period during which the

termination occurred, as established in accordance with the provisions

of this section. If requested by the employee, such wages shall be paid

by mail.

Definitions. For purposes of this article the term:

(a) "Commission" means compensation accruing to a sales representative

for payment by a principal, the rate of which is expressed as a

percentage of the dollar amount of wholesale orders or sales.

(b) "Earned commission" means a commission due for services or

merchandise which is due according to the terms of an applicable

contract or, when there is no applicable contractual provision, a

commission due for merchandise which has actually been delivered to,

accepted by, and paid for by the customer, notwithstanding that the

sales representative's services may have terminated.

(c) "Principal" means a person or company engaged in the business of

manufacturing, and who:

(1) Manufactures, produces, imports, or distributes a product for

wholesale;

(2) Contracts with a sales representative to solicit orders for the

product; and

(3) Compensates the sales representative in whole or in part by

commissions.

(d) "Sales representative" means a person or entity who solicits

orders in New York state and is not covered by subdivision six of

section one hundred ninety and paragraph (c) of subdivision one of

section one hundred ninety-one of this article because he or she is an

independent contractor, but does not include one who places orders for

his own account for resale.

Contracts with sales representatives. 1. When a principal

contracts with a sales representative to solicit wholesale orders within

this state, the contract shall be in writing and shall set forth the

method by which the commission is to be computed and paid.

2. The principal shall provide each sales representative with a signed

copy of the contract. The principal shall obtain a signed receipt for

the contract from each sales representative.

3. A sales representative during the course of the contract, shall be

paid the earned commission and all other monies earned or payable in

accordance with the agreed terms of the contract, but not later than

five business days after the commission has become earned.

Payment of sales commission. 1. When a contract between a

principal and a sales representative is terminated, all earned

commissions shall be paid within five business days after termination or

within five business days after they become due in the case of earned

commissions not due when the contract is terminated.

2. The earned commission shall be paid to the sales representative at

the usual place of payment unless the sales representative requests that

the commission be sent to him or her through the mails. If the

commissions are sent to the sales representative by mail, the earned

commissions shall be deemed to have been paid as of the date of their

postmark for purposes of this section.

3. A principal who fails to comply with the provisions of this section

concerning timely payment of all earned commissions shall be liable to

the sales representative in a civil action for double damages. The

prevailing party in any such action shall be entitled to an award of

reasonable attorney's fees, court costs, and disbursements.

Cash payment of wages. 1. No employer shall without the advance

written consent of any employee directly pay or deposit the net wage or

salary of such employee in a bank or other financial institution.

2. This section shall not apply to any person employed in a bona fide

executive, administrative, or professional capacity whose earnings are

in excess of one thousand three hundred dollars a week, nor to employees

working on a farm not connected with a factory.

Deductions from wages. * 1. No employer shall make any

deduction from the wages of an employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule

or regulation issued by any governmental agency including regulations

promulgated under paragraph c and paragraph d of this subdivision; or

b. are expressly authorized in writing by the employee and are for the

benefit of the employee, provided that such authorization is voluntary

and only given following receipt by the employee of written notice of

all terms and conditions of the payment and/or its benefits and the

details of the manner in which deductions will be made. Whenever there

is a substantial change in the terms or conditions of the payment,

including but not limited to, any change in the amount of the deduction,

or a substantial change in the benefits of the deduction or the details

in the manner in which deductions shall be made, the employer shall, as

soon as practicable, but in each case before any increased deduction is

made on the employee's behalf, notify the employee prior to the

implementation of the change. Such authorization shall be kept on file

on the employer's premises for the period during which the employee is

employed by the employer and for six years after such employment ends.

Notwithstanding the foregoing, employee authorization for deductions

under this section may also be provided to the employer pursuant to the

terms of a collective bargaining agreement. Such authorized deductions

shall be limited to payments for:

(i) insurance premiums and prepaid legal plans;

(ii) pension or health and welfare benefits;

(iii) contributions to a bona fide charitable organization;

(iv) purchases made at events sponsored by a bona fide charitable

organization affiliated with the employer where at least twenty percent

of the profits from such event are being contributed to a bona fide

charitable organization;

(v) United States bonds;

(vi) dues or assessments to a labor organization;

(vii) discounted parking or discounted passes, tokens, fare cards,

vouchers, or other items that entitle the employee to use mass transit;

(viii) fitness center, health club, and/or gym membership dues;

(ix) cafeteria and vending machine purchases made at the employer's

place of business and purchases made at gift shops operated by the

employer, where the employer is a hospital, college, or university;

(x) pharmacy purchases made at the employer's place of business;

(xi) tuition, room, board, and fees for pre-school, nursery, primary,

secondary, and/or post-secondary educational institutions;

(xii) day care, before-school and after-school care expenses;

(xiii) payments for housing provided at no more than market rates by

non-profit hospitals or affiliates thereof; and

(xiv) similar payments for the benefit of the employee.

c. are related to recovery of an overpayment of wages where such

overpayment is due to a mathematical or other clerical error by the

employer. In making such recoveries, the employer shall comply with

regulations promulgated by the commissioner for this purpose, which

regulations shall include, but not be limited to, provisions governing:

the size of overpayments that may be covered by this section; the

timing, frequency, duration, and method of such recovery; limitations on

the periodic amount of such recovery; a requirement that notice be

provided to the employee prior to the commencement of such recovery; a

requirement that the employer implement a procedure for disputing the

amount of such overpayment or seeking to delay commencement of such

recovery; the terms and content of such a procedure and a requirement

that notice of the procedure for disputing the overpayment or seeking to

delay commencement of such recovery be provided to the employee prior to

the commencement of such recovery.

d. repayment of advances of salary or wages made by the employer to

the employee. Deductions to cover such repayments shall be made in

accordance with regulations promulgated by the commissioner for this

purpose, which regulations shall include, but not be limited to,

provisions governing: the timing, frequency, duration, and method of

such repayment; limitations on the periodic amount of such repayment; a

requirement that notice be provided to the employee prior to the

commencement of such repayment; a requirement that the employer

implement a procedure for disputing the amount of such repayment or

seeking to delay commencement of such repayment; the terms and content

of such a procedure and a requirement that notice of the procedure for

disputing the repayment or seeking to delay commencement of such

repayment be provided to the employee at the time the loan is made.

* NB Effective until November 6, 2028

* 1. No employer shall make any deduction from the wages of an

employee, except deductions which:

a. are made in accordance with the provisions of any law or any rule

or regulation issued by any governmental agency; or

b. are expressly authorized in writing by the employee and are for the

benefit of the employee; provided that such authorization is kept on

file on the employer's premises. Such authorized deductions shall be

limited to payments for insurance premiums, pension or health and

welfare benefits, contributions to charitable organizations, payments

for United States bonds, payments for dues or assessments to a labor

organization, and similar payments for the benefit of the employee.

* NB Effective November 6, 2028

* 2. Deductions made in conjunction with an employer sponsored pre-tax

contribution plan approved by the IRS or other local taxing authority,

including those falling within one or more of the categories set forth

in paragraph b of subdivision one of this section, shall be considered

to have been made in accordance with paragraph a of subdivision one of

this section.

* NB Effective until November 6, 2028

* 2. No employer shall make any charge against wages, or require an

employee to make any payment by separate transaction unless such charge

or payment is permitted as a deduction from wages under the provisions

of subdivision one of this section.

* NB Effective November 6, 2028

* 3. a. No employer shall make any charge against wages, or require an

employee to make any payment by separate transaction unless such charge

or payment is permitted as a deduction from wages under the provisions

of subdivision one of this section or is permitted or required under any

provision of a current collective bargaining agreement.

b. Notwithstanding the existence of employee authorization to make

deductions in accordance with subparagraphs (iv), (ix), and (x) of

paragraph b of subdivision one of this section and deductions determined

by the commissioner to be similar to such deductions in accordance with

subparagraph (xiv) of paragraph b of subdivision one of this section,

the total aggregate amount of such deductions for each pay period shall

be subject to the following limitations: (i) such aggregate amount shall

not exceed a maximum aggregate limit established by the employer for

each pay period; (ii) such aggregate amount shall not exceed a maximum

aggregate limit established by the employee, which limit may be for any

amount (in ten dollar increments) up to the maximum amount established

by the employer under subparagraph (i) of this paragraph; (iii) the

employer shall not permit any purchases within these categories of

deduction by the employee that exceed the aggregate limit established by

the employee or, if no limit has been set by the employee, the limit set

by the employer; (iv) the employee shall have access within the

workplace to current account information detailing individual

expenditures within these categories of deduction and a running total of

the amount that will be deducted from the employee's pay during the next

applicable pay period. Information shall be available in printed form or

capable of being printed should the employee wish to obtain a listing.

No employee may be charged any fee, directly or indirectly, for access

to, or printing of, such account information.

c. With the exception of wage deductions required or authorized in a

current existing collective bargaining agreement, an employee's

authorization for any and all wage deductions may be revoked in writing

at any time. The employer must cease the wage deduction for which the

employee has revoked authorization as soon as practicable, and, in no

event more than four pay periods or eight weeks after the authorization

has been withdrawn, whichever is sooner.

* NB Effective until November 6, 2028

* 3. Nothing in this section shall justify noncompliance with article

three-A of the personal property law relating to assignment of earnings,

nor with any other law applicable to deductions from wages.

* NB Effective November 6, 2028

* 4. Nothing in this section shall justify noncompliance with article

three-A of the personal property law relating to assignment of earnings,

with section two hundred twenty-one of this chapter relating to company

stores or with any other law applicable to deductions from wages.

* NB Effective until November 6, 2028

5. There is no exception to liability under this section for the

unauthorized failure to pay wages, benefits or wage supplements.

Differential in rate of pay because of protected class status

prohibited. 1. No employee with status within one or more protected

class or classes shall be paid a wage at a rate less than the rate at

which an employee without status within the same protected class or

classes in the same establishment is paid for: (a) equal work on a job

the performance of which requires equal skill, effort and

responsibility, and which is performed under similar working conditions,

or (b) substantially similar work, when viewed as a composite of skill,

effort, and responsibility, and performed under similar working

conditions; except where payment is made pursuant to a differential

based on:

(i) a seniority system;

(ii) a merit system;

(iii) a system which measures earnings by quantity or quality of

production; or

(iv) a bona fide factor other than status within one or more protected

class or classes, such as education, training, or experience. Such

factor: (A) shall not be based upon or derived from a differential in

compensation based on status within one or more protected class or

classes and (B) shall be job-related with respect to the position in

question and shall be consistent with business necessity. Such exception

under this paragraph shall not apply when the employee demonstrates (1)

that an employer uses a particular employment practice that causes a

disparate impact on the basis of status within one or more protected

class or classes, (2) that an alternative employment practice exists

that would serve the same business purpose and not produce such

differential, and (3) that the employer has refused to adopt such

alternative practice.

2. For the purpose of subdivision one of this section: (a) "business

necessity" shall be defined as a factor that bears a manifest

relationship to the employment in question, and (b) "protected class"

shall include age, race, creed, color, national origin, sexual

orientation, gender identity or expression, military status, sex,

disability, predisposing genetic characteristics, familial status,

marital status, or domestic violence victim status, and any employee

protected from discrimination pursuant to paragraphs (a), (b), and (c)

of subdivision one of section two hundred ninety-six and any intern

protected from discrimination pursuant to section two hundred

ninety-six-c of the executive law.

3. For the purposes of subdivision one of this section, employees

shall be deemed to work in the same establishment if the employees work

for the same employer at workplaces located in the same geographical

region, no larger than a county, taking into account population

distribution, economic activity, and/or the presence of municipalities.

4. (a) No employer shall prohibit an employee from inquiring about,

discussing, or disclosing the wages of such employee or another

employee.

(b) An employer may, in a written policy provided to all employees,

establish reasonable workplace and workday limitations on the time,

place and manner for inquires about, discussion of, or the disclosure of

wages. Such limitations shall be consistent with standards promulgated

by the commissioner and shall be consistent with all other state and

federal laws. Such limitations may include prohibiting an employee from

discussing or disclosing the wages of another employee without such

employee's prior permission.

(c) Nothing in this subdivision shall require an employee to disclose

his or her wages. The failure of an employee to adhere to such

reasonable limitations in such written policy shall be an affirmative

defense to any claims made against an employer under this subdivision,

provided that any adverse employment action taken by the employer was

for failure to adhere to such reasonable limitations and not for mere

inquiry, discussion or disclosure of wages in accordance with such

reasonable limitations in such written policy.

(d) This prohibition shall not apply to instances in which an employee

who has access to the wage information of other employees as a part of

such employee's essential job functions discloses the wages of such

other employees to individuals who do not otherwise have access to such

information, unless such disclosure is in response to a complaint or

charge, or in furtherance of an investigation, proceeding, hearing, or

action under this chapter, including an investigation conducted by the

employer.

(e) Nothing in this section shall be construed to limit the rights of

an employee provided under any other provision of law or collective

bargaining agreement.

Wage or salary history inquiries prohibited. 1. No employer

shall:

a. rely on the wage or salary history of an applicant in determining

whether to offer employment to such individual or in determining the

wages or salary for such individual.

b. orally or in writing seek, request, or require the wage or salary

history from an applicant or current employee as a condition to be

interviewed, or as a condition of continuing to be considered for an

offer of employment, or as a condition of employment or promotion.

c. orally or in writing seek, request, or require the wage or salary

history of an applicant or current employee from a current or former

employer, current or former employee, or agent of the applicant or

current employee's current or former employer, except as provided in

subdivision three of this section.

d. refuse to interview, hire, promote, otherwise employ, or otherwise

retaliate against an applicant or current employee based upon prior wage

or salary history.

e. refuse to interview, hire, promote, otherwise employ, or otherwise

retaliate against an applicant or current employee because such

applicant or current employee did not provide wage or salary history in

accordance with this section.

f. refuse to interview, hire, promote, otherwise employ, or otherwise

retaliate against an applicant or current or former employee because the

applicant or current or former employee filed a complaint with the

department alleging a violation of this section.

2. Nothing in this section shall prevent an applicant or current

employee from voluntarily, and without prompting, disclosing or

verifying wage or salary history, including but not limited to for the

purposes of negotiating wages or salary.

3. An employer may confirm wage or salary history only if at the time

an offer of employment with compensation is made, the applicant or

current employee responds to the offer by providing prior wage or salary

information to support a wage or salary higher than offered by the

employer.

4. For the purposes of this section, "employer" shall include but not

be limited to any person, corporation, limited liability company,

association, labor organization, or entity employing any individual in

any occupation, industry, trade, business or service, or any agent

thereof. For the purposes of this section, the term "employer" shall

also include the state, any political subdivision thereof, any public

authority or any other governmental entity or instrumentality thereof,

and any person, corporation, limited liability company, association or

entity acting as an employment agent, recruiter, or otherwise connecting

applicants with employers.

5. An applicant or current or former employee aggrieved by a violation

of this section may bring a civil action for compensation for any

damages sustained as a result of such violation on behalf of such

applicant, employee, or other persons similarly situated in any court of

competent jurisdiction. The court may award injunctive relief as well as

reasonable attorneys' fees to a plaintiff who prevails in a civil action

brought under this paragraph.

6. Nothing in this section shall be deemed to diminish the rights,

privileges, or remedies of any applicant or current or former employee

under any other law or regulation or under any collective bargaining

agreement or employment contract.

7. This section shall not supersede any federal, state or local law

enacted prior to the effective date of this section that requires the

disclosure or verification of salary history information to determine an

employee's compensation.

8. The department shall conduct a public awareness outreach campaign,

which shall include making information available on its website, and

otherwise informing employers of the provisions of this section.

Mandatory disclosure of compensation or range of

compensation. 1. a. No employer, employment agency, employee, or agent

thereof shall advertise a job, promotion, or transfer opportunity that

will physically be performed, at least in part, in the state of New

York, including a job, promotion, or transfer opportunity that will

physically be performed outside of New York but reports to a supervisor,

office, or other work site in New York without disclosing the following:

(i) the compensation or a range of compensation for such job,

promotion, or transfer opportunity; and

(ii) the job description for such job, promotion, or transfer

opportunity, if such description exists.

b. An employer, employment agency, employee, or agent thereof

advertising for a job, promotion, or transfer opportunity paid solely on

commission shall maintain compliance with subparagraph (i) of paragraph

a of this subdivision by disclosing a general statement that

compensation shall be based on commission.

2. No employer shall refuse to interview, hire, promote, employ or

otherwise retaliate against an applicant or current employee for

exercising any rights under this section.

3. The commissioner shall promulgate rules and regulations to

effectuate the provisions of this section.

4. The department shall conduct a public awareness outreach campaign,

which shall include making information available on its website and

otherwise informing employers of the provisions of this section.

5. a. Any person claiming to be aggrieved by a violation of this

section may file with the commissioner a complaint regarding such

alleged violation for an investigation of such complaint and statement

setting the appropriate remedy, if any, pursuant to the provisions of

section one hundred ninety-six-a of this article.

b. An employer who fails to comply with any requirement of this

section or any regulation published thereunder shall be deemed in

violation of this section and shall be subject to a civil penalty in

accordance with section two hundred eighteen of this chapter.

6. For the purposes of this section the following terms shall have the

following meanings:

a. "range of compensation" shall mean the minimum and maximum annual

salary or hourly range of compensation for a job, promotion, or transfer

opportunity that the employer in good faith believes to be accurate at

the time of the posting of an advertisement for such opportunity.

b. "employer" shall mean:

(i) any person, corporation, limited liability company, association,

labor organization or entity employing four or more employees in any

occupation, industry, trade, business or service, or any agent thereof;

and

(ii) any person, corporation, limited liability company, association

or entity acting as an employment agent or recruiter, or otherwise

connecting applicants with employers, provided that "employer" shall not

include a temporary help firm as such term is defined by subdivision

five of section nine hundred sixteen of this chapter.

c. "advertise" shall mean to make available to a pool of potential

applicants for internal or public viewing, including electronically, a

written description of an employment opportunity.

7. The provisions of this section shall not be construed or

interpreted to supersede or preempt any provisions of local law, rules,

or regulations.

Notice and record-keeping requirements. Every employer shall:

1. (a) provide his or her employees, in writing in English and in the

language identified by each employee as the primary language of such

employee, at the time of hiring, a notice containing the following

information: the rate or rates of pay and basis thereof, whether paid by

the hour, shift, day, week, salary, piece, commission, or other;

allowances, if any, claimed as part of the minimum wage, including tip,

meal, or lodging allowances; the benefit portion of the minimum rate of

home care aide total compensation as defined in section thirty-six

hundred fourteen-c of the public health law ("home care aide benefits"),

if applicable; prevailing wage supplements, if any, claimed as part of

any prevailing wage or similar requirement pursuant to article eight of

this chapter; the regular pay day designated by the employer in

accordance with section one hundred ninety-one of this article; the name

of the employer; any "doing business as" names used by the employer; the

physical address of the employer's main office or principal place of

business, and a mailing address if different; the telephone number of

the employer; plus such other information as the commissioner deems

material and necessary. Where such prevailing wage supplements are

claimed, or such home care aide benefits are provided, the notice shall

identify, for each type of supplement claimed or each type of home care

aide benefits provided: (i) the hourly rate claimed; (ii) the type of

supplement or type of home care aide benefits, including when

applicable, but not limited to, pension or healthcare; (iii) the names

and addresses of the person or entity providing such supplement or such

home care aide benefits; and (iv) the agreement, if any, requiring or

providing for such supplement or such home care aide benefits, together

with information on how copies of such agreements or summaries thereof

may be obtained by an employee. Each time the employer provides such

notice to an employee, the employer shall obtain from the employee a

signed and dated written acknowledgement, in English and in the primary

language of the employee, of receipt of this notice, which the employer

shall preserve and maintain for six years. Such acknowledgement shall

include an affirmation by the employee that the employee accurately

identified his or her primary language to the employer, and that the

notice provided by the employer to such employee pursuant to this

subdivision was in the language so identified or otherwise complied with

paragraph (c) of this subdivision, and shall conform to any additional

requirements established by the commissioner with regard to content and

form. For all employees who are not exempt from overtime compensation as

established in the commissioner's minimum wage orders or otherwise

provided by New York state law or regulation, the notice must state the

regular hourly rate and overtime rate of pay;

(b) The commissioner shall prepare templates that comply with the

requirements of paragraph (a) of this subdivision. Each such template

shall be dual-language, including English and one additional language.

The commissioner shall determine, in his or her discretion, which

languages to provide in addition to English, based on the size of the

New York state population that speaks each language and any other factor

that the commissioner shall deem relevant. All such templates shall be

made available to employers in such manner as determined by the

commissioner;

(c) When an employee identifies as his or her primary language a

language for which a template is not available from the commissioner,

the employer shall comply with this subdivision by providing that

employee an English-language notice or acknowledgment;

(d) An employer shall not be penalized for errors or omissions in the

non-English portions of any notice provided by the commissioner;

(e) The commissioner shall have discretion to waive or alter

requirements of paragraph (a) of this subdivision for temporary help

firms as defined in section nine hundred sixteen of this chapter.

2. notify his or her employees in writing of any changes to the

information set forth in subdivision one of this section, at least seven

calendar days prior to the time of such changes, unless such changes are

reflected on the wage statement furnished in accordance with subdivision

three of this section;

3. furnish each employee with a statement with every payment of wages,

listing the following: the dates of work covered by that payment of

wages; name of employee; name of employer; address and phone number of

employer; rate or rates of pay and basis thereof, whether paid by the

hour, shift, day, week, salary, piece, commission, or other; gross

wages; deductions; allowances, if any, claimed as part of the minimum

wage; the benefit portion of the minimum rate of home care aide total

compensation as defined in section thirty-six hundred fourteen-c of the

public health law ("home care aide benefits"), if applicable; prevailing

wage supplements, if any, claimed as part of any prevailing wage or

similar requirement pursuant to article eight of this chapter; and net

wages. Where such prevailing wage supplements are claimed, or such home

care aide benefits are provided, the statement shall either: (i)

identify the type of each supplement claimed, or the type of each home

care aide benefits provided, and the hourly rate for each; or (ii) be

accompanied by a copy of the applicable notice required under

subdivisions one and two of this section. For all employees who are not

exempt from overtime compensation as established in the commissioner's

minimum wage orders or otherwise provided by New York state law or

regulation, the statement shall include the regular hourly rate or rates

of pay; the overtime rate or rates of pay; the number of regular hours

worked, and the number of overtime hours worked. For all employees paid

a piece rate, the statement shall include the applicable piece rate or

rates of pay and number of pieces completed at each piece rate. Upon the

request of an employee, an employer shall furnish an explanation in

writing of how such wages were computed;

3-a. in addition, every railroad corporation shall furnish each

employee with a statement with every payment of wages listing accrued

total earnings and taxes to date and further furnish said employee at

the same time with a separate listing of his daily wages and how they

were computed;

4. establish, maintain and preserve for not less than six years

contemporaneous, true, and accurate payroll records showing for each

week worked the hours worked; the rate or rates of pay and basis

thereof, whether paid by the hour, shift, day, week, salary, piece,

commission, or other; gross wages; deductions; allowances, if any,

claimed as part of the minimum wage; amount of sick leave provided to

each employee; the benefit portion of the minimum rate of home care aide

total compensation as defined in section thirty-six hundred fourteen-c

of the public health law ("home care aide benefits"), if applicable;

prevailing wage supplements, if any, claimed as part of any prevailing

wage or similar requirement pursuant to article eight of this chapter;

and net wages for each employee. Where such prevailing wage supplements

are claimed, or such home care aide benefits are provided, the payroll

records shall include copies of all notices required by subdivisions one

and two of this section. For all employees who are not exempt from

overtime compensation as established in the commissioner's minimum wage

orders or otherwise provided by New York state law or regulation, the

payroll records shall include the regular hourly rate or rates of pay,

the overtime rate or rates of pay, the number of regular hours worked,

and the number of overtime hours worked. For all employees paid a piece

rate, the payroll records shall include the applicable piece rate or

rates of pay and number of pieces completed at each piece rate;

5. notify his employees in writing or by publicly posting the

employer's policy on sick leave, vacation, personal leave, holidays and

hours.

6. notify any employee terminated from employment, in writing, of the

exact date of such termination as well as the exact date of cancellation

of employee benefits connected with such termination. In no case shall

notice of such termination be provided more than five working days after

the date of such termination. Failure to notify an employee of

cancellation of accident or health insurance subjects an employer to an

additional penalty pursuant to section two hundred seventeen of this

chapter.

Powers of commissioner. 1. In addition to the powers of the

commissioner specified in other sections of this chapter, the

commissioner shall have the following duties, powers and authority:

a. He or she shall investigate and attempt to adjust equitably

controversies between employers and employees relating to this article,

or article five, seven, nineteen or nineteen-A of this chapter.

b. He or she may take assignments of claims for wages under this

chapter from employees or third parties in trust for such employees or

for the benefit of various funds for such employees. All such

assignments shall run to the commissioner and his or her successor in

office. The commissioner may sue employers on wage claims thus assigned,

with the benefits and subject to the provisions of existing law applying

to actions by employees for collection of wages. He or she may join in a

single action any number of wage claims against the same employer.

c. He or she may institute proceedings on account of any criminal

violation of any provision of this article, or article five, seven,

nineteen or nineteen-A of this chapter.

d. If it shall appear to him or her that any employer has been

convicted of a violation of any provision of this article or article

nineteen or nineteen-A of this chapter or that any order to comply

issued against an employer under this chapter remains unsatisfied for a

period of ten days after the time to appeal therefrom has expired, and

that no appeal therefrom is then pending, the commissioner may require

such employer to deposit with him or her a bond in such sum as he or she

may deem sufficient and adequate in the circumstances, together with two

or more sureties or a duly authorized surety company, to be approved by

the commissioner. The bond shall be payable to the commissioner and

shall be conditioned that the employer will, for a definite future

period, not exceeding two years, pay his or her employees in accordance

with the provisions of this article or article nineteen or nineteen-A of

this chapter, and shall be further conditioned upon the payment by the

employer of any amounts due pursuant to an order to comply or judgment

against such employer pursuant to the provisions of this article or

article nineteen or nineteen-A of this chapter.

If within ten days after demand for such bond, which demand may be

made by certified or registered mail, such employer shall fail to

deposit the same, the commissioner may bring an action in the name and

on behalf of the people of the state of New York against such employer

in the supreme court to compel such employer to furnish such a bond or

to cease doing business until he or she has done so. The employer shall

have the burden of proving that either such a bond is unnecessary or

that the amount demanded is excessive. If the court finds that there is

just cause for requiring the bond and that same is reasonably necessary

or proper to secure prompt payment of the wages of the employees of such

employer and his or her compliance with the provisions of this article

or article nineteen or nineteen-A of this chapter, the court may enjoin

such employer and such other person or persons as may have been or may

be concerned with or in any way participating in the failure to pay the

wages resulting in the conviction or order to comply as aforesaid, from

doing business until the requirement is met and make other and further

orders appropriate to compel compliance with the requirement.

If any order to comply issued against an employer under this article

or article nineteen or nineteen-A of this chapter remains unsatisfied

for a period of ten days after the time to appeal therefrom has expired,

and that no appeal therefrom is then pending, the commissioner may

require the employer to provide an accounting of assets of the employer,

including but not limited to, a list of all bank accounts, accounts

receivable, personal property, real property, automobiles or other

vehicles, and any other assets, in a form and manner as prescribed by

the commissioner. An employer shall provide such amended accountings of

assets as the commissioner shall order. If within ten days after demand

for such an accounting of assets, which demand may be made by certified

or registered mail, such employer shall fail to provide same, or if the

employer fails to provide an amended accounting as required under this

section, the commissioner may bring an action in the name and on behalf

of the people of the state of New York against such employer in the

supreme court to compel such employer to furnish the accounting and pay

a civil penalty of no more than ten thousand dollars.

e. He or she is hereby authorized and empowered to enter into

reciprocal agreements with the labor department or corresponding agency

of any other state or with the person, board, officer, or commission

authorized to act on behalf of such department or agency, for the

collection in such other states of claims and judgments for wages based

upon claims assigned to the commissioner.

The commissioner may, to the extent provided for by any reciprocal

agreement entered into by law or with any agency of another state as

herein provided, maintain actions in the courts of such other state for

the collection of claims and judgments for wages and may assign such

claims and judgments to the labor department or agency of such other

state for collection to the extent that such an assignment may be

permitted or provided for by the law of such state or by reciprocal

agreement.

The commissioner may, upon the written consent of the labor department

or other corresponding agency of any other state or of any person,

board, officer or commission of such state authorized to act on behalf

of such labor department or corresponding agency, maintain actions in

the courts of this state upon assigned claims and judgments for wages

arising in such other state in the same manner and to the same extent

that such actions by the commissioner are authorized when arising in

this state. However, such actions may be maintained only in cases where

such other state by law or reciprocal agreement extends a like comity to

cases arising in this state.

2. Nothing in this section shall be construed as requiring the

commissioner in every instance to investigate and attempt to adjust

controversies, or to take assignments of wage claims, or to institute

criminal prosecutions for any violation under this article or article

five, seven, nineteen or nineteen-A of this chapter, but he or she shall

be deemed vested with discretion in such matters.

Complaints by employees to commissioner. (a) Any employee;

person or organization acting on the employee's behalf; or the

recognized and certified collective bargaining agent acting on the

employee's behalf, may file with the commissioner a complaint regarding

a violation of this article, article five, seven, nineteen, or

nineteen-A of this chapter for an investigation of such complaint and

statement setting the appropriate remedy, if any. The commissioner shall

keep the names of employees that are the subject of an investigation

confidential until such time that disclosure is necessary for resolution

of an investigation or a complaint. Failure of an employer to keep

adequate records or provide statements of wages to employees as required

under this chapter, in addition to exposing such employer to penalties

authorized under subdivision one of section two hundred eighteen of this

chapter, shall not operate as a bar to filing of a complaint by an

employee. In such a case the employer in violation shall bear the burden

of proving that the complaining employee was paid wages, benefits and

wage supplements.

(b) Any employee, or the recognized and certified collective

bargaining agent acting on the employee's behalf, contractor, or the

recognized and certified labor organization with which the contractor

has executed a collective bargaining agreement covering wages, benefits

and supplements, may file with the commissioner a complaint regarding an

alleged violation of this article or article nineteen of this chapter

occasioned by another person, corporation, employer or entities in

violation of article thirty-five-E of the general business law for an

investigation of such complaint and statement setting the appropriate

remedy, if any.

Sick leave requirements. 1. Every employer shall be required

to provide its employees with sick leave as follows:

a. For employers with four or fewer employees in any calendar year,

each employee shall be provided with up to forty hours of unpaid sick

leave in each calendar year; provided, however, an employer that employs

four or fewer employees in any calendar year and that has a net income

of greater than one million dollars in the previous tax year shall

provide each employee with up to forty hours of paid sick leave pursuant

to this section;

b. For employers with between five and ninety-nine employees in any

calendar year, each employee shall be provided with up to forty hours of

paid sick leave in each calendar year; and

c. For employers with one hundred or more employees in any calendar

year, each employee shall be provided with up to fifty-six hours of paid

sick leave each calendar year.

For purposes of determining the number of employees pursuant to this

subdivision, a calendar year shall mean the twelve-month period from

January first through December thirty-first. For all other purposes, a

calendar year shall either mean the twelve-month period from January

first through December thirty-first, or a regular and consecutive

twelve-month period, as determined by an employer.

2. Nothing in this section shall be construed to prohibit or prevent

an employer from providing an amount of sick leave, paid or unpaid, or

paid prenatal personal leave which is in excess of the requirements set

forth in subdivision one and subdivision four-a of this section, or from

adopting a paid leave policy that provides additional benefits to

employees. An employer may elect to provide its employees with the total

amount of sick leave required to fulfill its obligations pursuant to

subdivision one of this section at the beginning of the calendar year,

provided, however that no employer shall be permitted to reduce or

revoke any such sick leave based on the number of hours actually worked

by an employee during the calendar year if such employer elects pursuant

to this subdivision.

3. Employees shall accrue sick leave at a rate of not less than one

hour per every thirty hours worked, beginning at the commencement of

employment or the effective date of this section, whichever is later,

subject to the use and accrual limitations set forth in this section.

4. a. On and after January first, two thousand twenty-one and upon the

oral or written request of an employee, an employer shall provide

accrued sick leave for the following purposes:

(i) for a mental or physical illness, injury, or health condition of

such employee or such employee's family member, regardless of whether

such illness, injury, or health condition has been diagnosed or requires

medical care at the time that such employee requests such leave;

(ii) for the diagnosis, care, or treatment of a mental or physical

illness, injury or health condition of, or need for medical diagnosis

of, or preventive care for, such employee or such employee's family

member; or

(iii) for an absence from work due to any of the following reasons

when the employee or employee's family member has been the victim of

domestic violence pursuant to subdivision thirty-four of section two

hundred ninety-two of the executive law, a family offense, sexual

offense, stalking, or human trafficking:

(a) to obtain services from a domestic violence shelter, rape crisis

center, or other services program;

(b) to participate in safety planning, temporarily or permanently

relocate, or take other actions to increase the safety of the employee

or employee's family members;

(c) to meet with an attorney or other social services provider to

obtain information and advice on, and prepare for or participate in any

criminal or civil proceeding;

(d) to file a complaint or domestic incident report with law

enforcement;

(e) to meet with a district attorney's office;

(f) to enroll children in a new school; or

(g) to take any other actions necessary to ensure the health or safety

of the employee or the employee's family member or to protect those who

associate or work with the employee.

For purposes of this subdivision, the reasons outlined above in

subparagraph (a) through (g) must be related to the domestic violence,

family offense, sexual offense, stalking, or human trafficking. Provided

further that a person who has committed such domestic violence, family

offense, sexual offense, stalking, or human trafficking shall not be

eligible for leave under this subdivision for situations in which the

person committed such offense and was not a victim, notwithstanding any

family relationship.

b. For purposes of this section, "family member" shall mean an

employee's child, spouse, domestic partner, parent, sibling, grandchild

or grandparent; and the child or parent of an employee's spouse or

domestic partner. "Parent" shall mean a biological, foster, step- or

adoptive parent, or a legal guardian of an employee, or a person who

stood in loco parentis when the employee was a minor child. "Child"

shall mean a biological, adopted or foster child, a legal ward, or a

child of an employee standing in loco parentis.

4-a. In addition to the sick leave provided for in this section, on

and after January first, two thousand twenty-five, every employer shall

be required to provide to its employees twenty hours of paid prenatal

personal leave during any fifty-two week calendar period. Paid prenatal

personal leave shall mean leave taken for the health care services

received by an employee during their pregnancy or related to such

pregnancy, including physical examinations, medical procedures,

monitoring and testing, and discussions with a health care provider

related to the pregnancy. Paid prenatal personal leave may be taken in

hourly increments. Benefits for paid prenatal personal leave shall be

paid in hourly installments. Employees shall receive compensation at the

employee's regular rate of pay, or the applicable minimum wage

established pursuant to section six hundred fifty-two of this chapter,

whichever is greater, for the use of paid prenatal personal leave.

Nothing in this section shall be construed to require an employer to pay

an employee for unused paid prenatal leave upon such employee's

termination, resignation, retirement, or other separation from

employment.

5. a. An employer may not require the disclosure of confidential

information relating to a mental or physical illness, injury, or health

condition of such employee or such employee's family member, or

information relating to absence from work due to domestic violence, a

sexual offense, stalking, or human trafficking, as a condition of

providing sick leave or paid prenatal personal leave pursuant to this

section.

b. An employer may set a reasonable minimum increment for the use of

sick leave which shall not exceed four hours. Employees shall receive

compensation at his or her regular rate of pay, or the applicable

minimum wage established pursuant to section six hundred fifty-two of

this chapter, whichever is greater, for the use of paid sick leave.

6. An employee's unused sick leave shall be carried over to the

following calendar year, provided, however, that: (i) an employer with

fewer than one hundred employees may limit the use of sick leave to

forty hours per calendar year; and (ii) an employer with one hundred or

more employees may limit the use of sick leave to fifty-six hours per

calendar year. Nothing in this section shall be construed to require an

employer to pay an employee for unused sick leave upon such employee's

termination, resignation, retirement, or other separation from

employment.

7. No employer or their agent, or the officer or agent of any

corporation, partnership, or limited liability company, or any other

person, shall discharge, threaten, penalize, or in any other manner

discriminate or retaliate against any employee because such employee has

exercised their rights afforded under this section, including, but not

limited to, requesting sick leave or paid prenatal leave and using sick

leave or paid prenatal leave, consistent with the provisions of section

two hundred fifteen of this chapter.

8. An employer shall not be required to provide any additional sick

leave pursuant to this section if the employer has adopted a sick leave

policy or time off policy that provides employees with an amount of

leave which meets or exceeds the requirements set forth in subdivision

one of this section and satisfies the accrual, carryover, and use

requirements of this section.

9. Nothing in this section shall be construed to: a. prohibit a

collective bargaining agreement entered into, on or after the effective

date of this section from, in lieu of the leave provided for in this

section, providing a comparable benefit for the employees covered by

such agreement in the form of paid days off; such paid days off shall be

in the form of leave, compensation, other employee benefits, or some

combination thereof; or

b. impede, infringe, or diminish the ability of a certified collective

bargaining agent to negotiate the terms and conditions of sick leave

different from the provisions of this section.

Provided, however, that in the case of either paragraph a or b of this

subdivision, the agreement must specifically acknowledge the provisions

of this section.

10. Upon return to work following any sick leave or paid prenatal

leave taken pursuant to this section, an employee shall be restored by

their employer to the position of employment held by such employee prior

to any sick leave or paid prenatal leave taken pursuant to this section

with the same pay and other terms and conditions of employment.

11. Upon the oral or written request of an employee, an employer shall

provide a summary of the amounts of sick leave accrued and used by such

employee in the current calendar year and/or any previous calendar year.

The employer shall provide such information to the employee within three

business days of such request.

12. Nothing in this section shall be construed to prevent a city with

a population of one million or more from enacting and enforcing local

laws or ordinances which meet or exceed the standard or requirements for

minimum hour and use set forth in this section, as determined by the

commissioner. Any paid sick leave benefits provided by a sick leave

program enforced by a municipal corporation in effect as of the

effective date of this section shall not be diminished or limited as a

result of the enactment of this section.

13. The commissioner shall have authority to adopt regulations and

issue guidance to effectuate any of the provisions of this section.

Employers shall comply with regulations and guidance promulgated by the

commissioner for this purpose which may include but are not limited to

standards for the accrual, use, payment, and employee eligibility of

sick leave.

14. The department shall conduct a public awareness outreach campaign

which shall include making information available on its website and

otherwise informing employers and employees of the provisions of this

section.

Gratuities. No employer or his agent or an officer or agent

of any corporation, or any other person shall demand or accept, directly

or indirectly, any part of the gratuities, received by an employee, or

retain any part of a gratuity or of any charge purported to be a

gratuity for an employee. This provision shall not apply to the checking

of hats, coats or other apparel. Nothing in this subdivision shall be

construed as affecting the allowances from the minimum wage for

gratuities in the amount determined in accordance with the provisions of

article nineteen of this chapter nor as affecting practices in

connection with banquets and other special functions where a fixed

percentage of the patron's bill is added for gratuities which are

distributed to employees, nor to the sharing of tips by a waiter with a

busboy or similar employee.

* § 196-e. Construction industry reporting pay provisions. 1.

Notwithstanding any law, rule or regulation to the contrary, an employee

engaged in construction, as defined in subdivision one of section eight

hundred sixty-one-b of this chapter, who by request or permission of an

employer reports for work on any day shall be paid for at least four

hours, or the number of hours in the regularly scheduled shift,

whichever is less, at the employee's promised hourly wage.

2. Notwithstanding any law, rule or regulation to the contrary, an

employee engaged in construction, as defined in subdivision one of

section eight hundred sixty-one-b of this chapter, who by request or

permission of an employer is scheduled to report for work on any day

shall be paid for two hours at the employee's promised hourly wage when

such scheduled shift is cancelled on less than twelve hours' notice to

the employee. Payments owed to an employee pursuant to this section

shall be deemed wages as defined in this article.

* NB Effective December 8, 2026

Civil penalty. Any employer who fails to pay the wages of his

employees or shall differentiate in rate of pay because of protected

class status, as provided in this article, shall forfeit to the people

of the state the sum of five hundred dollars for each such failure, to

be recovered by the commissioner in any legal action necessary,

including administrative action or a civil action.

Costs, remedies. 1. In any action instituted upon a wage claim

by an employee or the commissioner in which the employee prevails, the

court may allow such employee in addition to ordinary costs, a

reasonable sum, not exceeding fifty dollars for expenses which may be

taxed as costs. No assignee of a wage claim, except the commissioner,

shall be benefited by this provision.

1-a. On behalf of any employee paid less than the wage to which they

are entitled under the provisions of this article, the commissioner may

bring any legal action necessary, including administrative action, to

collect such claim and as part of such legal action, in addition to any

other remedies and penalties otherwise available under this article, the

commissioner shall assess against the employer the full amount of any

such underpayment, and an additional amount as liquidated damages,

unless the employer proves a good faith basis for believing that its

underpayment of wages was in compliance with the law. Liquidated damages

shall be calculated by the commissioner as no more than one hundred

percent of the total amount of wages found to be due, except such

liquidated damages may be up to three hundred percent of the total

amount of the wages found to be due for a willful violation of section

one hundred ninety-four of this article. In any action instituted in the

courts upon a wage claim by an employee or the commissioner in which the

employee prevails, the court shall allow such employee to recover the

full amount of any underpayment, all reasonable attorney's fees,

prejudgment interest as required under the civil practice law and rules,

and, unless the employer proves a good faith basis to believe that its

underpayment of wages was in compliance with the law, an additional

amount as liquidated damages equal to one hundred percent of the total

amount of the wages found to be due, except such liquidated damages may

be up to three hundred percent of the total amount of the wages found to

be due for a willful violation of section one hundred ninety-four of

this article. Notwithstanding the provisions of this subdivision,

liquidated damages shall not be applicable to violations of paragraph a

of subdivision one of section one hundred ninety-one of this article

where the employer paid the employee wages on a regular payday, no less

frequently than semi-monthly. Such violations shall be subject to

damages as follows:

(i) no more than one hundred percent of the lost interest found to be

due for the delayed payment of wages calculated using a daily interest

rate for each day payment is late based on the annual rate of interest

then in effect, as prescribed by the superintendent of financial

services pursuant to section fourteen-a of the banking law for the

employer's first violation; or

(ii) for conduct occurring after the effective date of this paragraph,

liquidated damages equal to one hundred percent of the total amount of

wages found to be due in violation of paragraph a of subdivision one of

section one hundred ninety-one of this article for any employer who,

after the effective date of this paragraph, has been subject to one or

more previous findings and orders for violations of paragraph a of

subdivision one of section one hundred ninety-one of this article for

which no proceeding for administrative or judicial review as provided in

this chapter is pending and the time for initiation of such proceeding

shall have expired and relating to employees performing the same work.

For purposes of this subdivision, an order shall mean a single final

order or determination made by the commissioner or a court of competent

jurisdiction, regardless of the number of employees or the time period

that was subject to such order.

1-b. If any employee is not provided within ten business days of his

or her first day of employment a notice as required by subdivision one

of section one hundred ninety-five of this article, he or she may

recover in a civil action damages of fifty dollars for each work day

that the violations occurred or continue to occur, but not to exceed a

total of five thousand dollars, together with costs and reasonable

attorney's fees. The court may also award other relief, including

injunctive and declaratory relief, that the court in its discretion

deems necessary or appropriate.

On behalf of any employee not provided a notice as required by

subdivision one of section one hundred ninety-five of this article, the

commissioner may bring any legal action necessary, including

administrative action, to collect such claim, and as part of such legal

action, in addition to any other remedies and penalties otherwise

available under this article, the commissioner may assess against the

employer damages of fifty dollars for each work day that the violations

occurred or continue to occur, but not to exceed a total of five

thousand dollars. In any action or administrative proceeding to recover

damages for violation of paragraph (a) of subdivision one of section one

hundred ninety-five of this article, it shall be an affirmative defense

that (i) the employer made complete and timely payment of all wages due

pursuant to this article or article nineteen or article nineteen-A of

this chapter to the employee who was not provided notice as required by

subdivision one of section one hundred ninety-five of this article or

(ii) the employer reasonably believed in good faith that it was not

required to provide the employee with notice pursuant to subdivision one

of section one hundred ninety-five of this article.

1-d. If any employee is not provided a statement or statements as

required by subdivision three of section one hundred ninety-five of this

article, he or she shall recover in a civil action damages of two

hundred fifty dollars for each work day that the violations occurred or

continue to occur, but not to exceed a total of five thousand dollars,

together with costs and reasonable attorney's fees. The court may also

award other relief, including injunctive and declaratory relief, that

the court in its discretion deems necessary or appropriate.

On behalf of any employee not provided a statement as required by

subdivision three of section one hundred ninety-five of this article,

the commissioner may bring any legal action necessary, including

administrative action, to collect such claim, and as part of such legal

action, in addition to any other remedies and penalties otherwise

available under this article, the commissioner may assess against the

employer damages of two hundred fifty dollars for each work day that the

violations occurred or continue to occur, but not to exceed a total of

five thousand dollars. In any action or administrative proceeding to

recover damages for violation of subdivision three of section one

hundred ninety-five of this article, it shall be an affirmative defense

that (i) the employer made complete and timely payment of all wages due

pursuant to this article or articles nineteen or nineteen-A of this

chapter to the employee who was not provided statements as required by

subdivision three of section one hundred ninety-five of this article or

(ii) the employer reasonably believed in good faith that it was not

required to provide the employee with statements pursuant to paragraph

(e) of subdivision one of section one hundred ninety-five of this

article.

2. The remedies provided by this article may be enforced

simultaneously or consecutively so far as not inconsistent with each

other.

3. Notwithstanding any other provision of law, an action to recover

upon a liability imposed by this article must be commenced within six

years. The statute of limitations shall be tolled from the date an

employee files a complaint with the commissioner or the commissioner

commences an investigation, whichever is earlier, until an order to

comply issued by the commissioner becomes final, or where the

commissioner does not issue an order, until the date on which the

commissioner notifies the complainant that the investigation has

concluded. Investigation by the commissioner shall not be a prerequisite

to nor a bar against a person bringing a civil action under this

section. All employees shall have the right to recover full wages,

benefits and wage supplements and liquidated damages accrued during the

six years previous to the commencing of such action, whether such action

is instituted by the employee or by the commissioner. There is no

exception to liability under this section for the unauthorized failure

to pay wages, benefits or wage supplements.

4. In any civil action by an employee or by the commissioner, the

employee or commissioner shall have the right to collect attorney's fees

and costs incurred in enforcing any court judgment. Any judgment or

court order awarding remedies under this section shall provide that if

any amounts remain unpaid upon the expiration of ninety days following

issuance of judgment, or ninety days after expiration of the time to

appeal and no appeal is then pending, whichever is later, the total

amount of judgment shall automatically increase by fifteen percent.

Criminal penalties. 1. Every employer who does not pay the

wages of all of his employees in accordance with the provisions of this

chapter, and the officers and agents of any corporation, partnership, or

limited liability company who knowingly permit the corporation,

partnership, or limited liability company to violate this chapter by

failing to pay the wages of any of its employees in accordance with the

provisions thereof, shall be guilty of a misdemeanor for the first

offense and upon conviction therefor shall be fined not less than five

hundred nor more than twenty thousand dollars or imprisoned for not more

than one year, and, in the event that any second or subsequent offense

occurs within six years of the date of conviction for a prior offense,

shall be guilty of a felony for the second or subsequent offense, and

upon conviction therefor, shall be fined not less than five hundred nor

more than twenty thousand dollars or imprisoned for not more than one

year plus one day, or punished by both such fine and imprisonment, for

each such offense. An indictment of a person or corporation operating a

steam surface railroad for an offense specified in this section may be

found and tried in any county within the state in which such railroad

ran at the time of such offense.

2. Every employer who violates or fails to comply with the

requirements of subdivision four of section one hundred ninety-five of

this article, and the officers and agents of any corporation,

partnership, or limited liability company who knowingly permit the

corporation, partnership, or limited liability company to violate or

fail to comply therewith, shall be guilty of a misdemeanor and upon

conviction therefor shall be fined not less than five hundred nor more

than five thousand dollars or imprisoned for not more than one year.

3. Every employer who knowingly violates or fails to comply with the

requirements of subdivision four of section one hundred ninety-five of

this article, and the officers and agents of any corporation,

partnership, or limited liability company who knowingly permit the

corporation, partnership, or limited liability company to violate or

fail to comply therewith, shall be guilty of a felony where such

employer, officer or agent has been convicted of a violation of such

subdivision within the previous six years, and upon conviction therefor

shall be fined not less than five hundred nor more than twenty thousand

dollars or imprisoned for not more than one year plus one day, or

punished by both such fine and imprisonment, for each such offense. In

determining the penalty, the court shall consider the severity of the

violation, the size of the employer, and the employer's good faith

effort to comply with the requirements of subdivision four of section

one hundred ninety-five of this article.

"Kick-back" of wages prohibited. 1. As used in this section,

the term "person" shall include any firm, partnership, association,

corporation or group of persons.

2. Whenever any employee who is engaged to perform labor shall be

promised an agreed rate of wages for his or her services, be such

promise in writing or oral, or shall be entitled to be paid or provided

prevailing wages or supplements pursuant to article eight or nine of

this chapter, it shall be unlawful for any person, either for that

person or any other person, to request, demand, or receive, either

before or after such employee is engaged, a return, donation or

contribution of any part or all of said employee's wages, salary,

supplements, or other thing of value, upon the statement,

representation, or understanding that failure to comply with such

request or demand will prevent such employee from procuring or retaining

employment. Further, any person who directly or indirectly aids,

requests or authorizes any other person to violate any of the provisions

of this section shall be guilty of a violation of the provisions of this

section.

3. Whenever an agreement between a bona fide labor organization and an

employer or an association of employers requires that employees shall be

paid an agreed wage or rate of wages for their services, it shall be

unlawful for any person, either for that person or any other person, to

request, demand or receive, either before or after such employee is

engaged, that such employee pay back, return, donate, contribute or give

any part or all of said employee's wages, salary, supplements or thing

of value, to any person, upon the statement, representation or

understanding that failure to comply with such requests or demand will

prevent such employee from procuring or retaining employment, and any

person who directly or indirectly aids, requests or authorizes any other

person to violate any of the provisions of this section shall be guilty

of a violation of the provisions of this section.

4. The provisions of this section shall not apply to any agent or

representative of a duly constituted labor organization acting in the

collection of dues or assessments of such organization.

5. A violation of the provisions of this section shall constitute a

misdemeanor.

Benefits or wage supplements. 1. In addition to any other

penalty or punishment otherwise prescribed by law, any employer who is

party to an agreement to pay or provide benefits or wage supplements to

employees or to a third party or fund for the benefit of employees and

who fails, neglects or refuses to pay the amount or amounts necessary to

provide such benefits or furnish such supplements within thirty days

after such payments are required to be made, shall be guilty of a

misdemeanor, and upon conviction shall be punished as provided in

section one hundred ninety-eight-a of this article. Where such employer

is a corporation, the president, secretary, treasurer or officers

exercising corresponding functions shall each be guilty of a

misdemeanor.

2. As used in this section, the term "benefits or wage supplements"

includes, but is not limited to, reimbursement for expenses; health,

welfare and retirement benefits; and vacation, separation or holiday

pay.

3. This section shall not apply to any person in a bona fide

executive, administrative, or professional capacity whose earnings are

in excess of one thousand three hundred dollars a week.

Posting regulations on illegal wage deductions. Every

employer engaged in the sale or service of food or beverages shall post

in his establishment, in a place accessible to his employees and in a

visually conspicuous manner, a copy of sections one hundred ninety-three

and one hundred ninety-six-d of this chapter and any regulations

promulgated pursuant thereto relating to illegal deductions from wages

and tips by employers.

Construction industry wage theft. 1. A contractor making or

taking a construction contract shall be liable for any debt resulting

from an action under section one hundred ninety-eight of this article,

owed to an employee or third party on the employee's behalf, incurred by

a subcontractor at any tier acting under, by, or for the contractor or

its subcontractors for the employee's performance of labor. The

provisions of this section shall not be deemed to limit the liability of

a subcontractor under section one hundred ninety-eight of this article.

2. No agreement or release by an employee or subcontractor to waive

liability of a contractor under this section shall be valid except as

otherwise provided herein. The provisions of this section shall not be

deemed to impair the rights of a contractor to maintain an action

against a subcontractor for amounts for owed wages that are paid by a

contractor pursuant to this section.

3. Notwithstanding any other provision of law, the remedies available

for a claim pursuant to subdivision one of this section shall only be

civil and administrative actions.

4. In the case of a private civil action by an employee, such employee

may designate any person, organization or collective bargaining agent

authorized to file a complaint with the commissioner pursuant to section

one hundred ninety-six-a of this article, to make a claim pursuant to

this section on his or her behalf.

5. In the case of an action against a subcontractor, the contractor

shall be considered jointly and severally liable for any unpaid wages,

benefits, wage supplements, and any other remedies available pursuant to

the requirements of section one hundred ninety-eight of this article.

6. Nothing herein shall preclude the attorney general from bringing a

civil action to collect unpaid wages and penalties on behalf of

employees pursuant to this section.

7. A contractor or any other person shall not evade, or commit any act

that negates, the requirements of this section, provided, however, that

this section shall not be deemed to prohibit a contractor or

subcontractor from establishing by contract or enforcing any other

lawful remedies against a subcontractor it hires for liability created

by violation of this section, provided that such contract or arrangement

does not diminish the right of employees to bring an action under the

provisions of this section.

8. As used in this section:

a. "Construction contract" means a written or oral agreement for the

construction, reconstruction, alteration, maintenance, moving or

demolition of any building, structure or improvement, or relating to the

excavation of or other development or improvement to land. For purposes

of this section, a construction contract shall not include: any contract

which is subject to article eight of this chapter; a home improvement

contract for the performance of a home improvement between a home

improvement contractor and the owner of an owner-occupied dwelling; and

a home construction contract for one- or two-family dwelling units

except where such contract or contracts results in the construction of

more than ten one- or two-family owner-occupied dwellings at one project

site annually.

b. "Contractor" means any person, firm, partnership, corporation,

association, company, organization or other entity, including a

construction manager, general or prime contractor, joint venture, or any

combination thereof, which enters into a construction contract with an

owner.

c. "Owner" means any person, firm, partnership, corporation, company,

association or other organization or other entity, or a combination of

any thereof, (with an ownership interest, whether the interest or estate

is in fee, as vendee under a contract to purchase, as lessee or another

interest or estate less than fee) that causes a building, structure or

improvement, new or existing, to be constructed, altered, repaired,

maintained, moved or demolished or that causes land to be excavated or

otherwise developed or improved.

d. "Subcontractor" means any person, firm, partnership, corporation,

company, association, organization or other entity, or any combination

thereof, which is a party to a contract with a contractor, and/or party

to a contract with the contractor's subcontractors at any tier to

perform any portion of work within the scope of the contractor's

construction contract with the owner, including where the subcontractor

has no direct privity of contract with the contractor.

9. A contractor's liability pursuant to the provisions of this section

shall be applicable only for claims occurring no earlier than three

years prior to the initiation of such claim in a court of competent

jurisdiction or the commencement of a civil action brought forth by the

attorney general or department. Before bringing a civil action pursuant

to this section, an employee, or third party on such employee's behalf,

must give the contractor notice of the alleged violation. The notice

need only describe the general nature of the claim and shall not limit

the liability of the contractor or preclude subsequent amendments of an

action to encompass additional employees employed by the subcontractor.

An employee, or third party on such employee's behalf, may not bring a

civil action until ten business days after giving the contractor notice

of the alleged violation and may not bring a civil action if the

contractor corrects the alleged violation. An employee, or third party

on such employee's behalf, is not required to give notice to a

contractor pursuant to this subdivision before bringing a civil action

pursuant to this section if any employee, or third party on any

employee's behalf, previously has given notice to such contractor of the

same alleged violation or a prior alleged violation by the same

subcontractor. The provisions of this section shall not be deemed to

diminish, impair, or otherwise infringe on any other rights of an

employee provided pursuant to this chapter, including the right of an

employee to bring an action against any employer under the provisions of

section one hundred ninety-eight of this article.

10. Nothing in this section shall be deemed to diminish the rights,

privileges, or remedies of any employee under any collective bargaining

agreement. On behalf of an employee subject to a collective bargaining

agreement, the provisions of this section may be waived by a collective

bargaining agreement with a bona fide building and construction trade

labor organization which has established itself, and/or its affiliates,

as the collective bargaining representative for persons performing work

on a project, provided that for such waiver to be valid, it shall

explicitly reference this section. Provided, however, that such waiver

shall not diminish or impair the rights of an employee provided under

any other section of this chapter.

Rules and regulations. The commissioner may issue such rules

and regulations as he determines necessary for the purposes of carrying

out the provisions of this article.

Notification of process. 1. Each employee who files a

complaint regarding a violation of a provision of this article (payment

of wages), article nineteen (minimum wage act), or article nineteen-A

(minimum wage standards and protective labor practices for farm

workers), section one hundred sixty-one, section one hundred sixty-two,

section two hundred twelve-a, section two hundred twelve-b, or section

two hundred fifteen of this chapter, or a rule or regulation promulgated

thereunder, shall be provided with a written description of the

anticipated processing of the complaint, including investigation, case

conference, potential civil and criminal penalties, and collection

procedures.

2. Each employee and his or her authorized representative shall be

notified in writing of any case conference before it is held and given

the opportunity to attend.

3. Each employee and his or her authorized representative shall be

notified in writing of any award and collection of back wages and civil

penalties, and of any intent to seek criminal penalties. In the event

that criminal penalties are sought the employee and his or her

authorized representative shall be notified of the outcome of

prosecution.

General duty to protect health and safety of employees;

enforcement. 1. All places to which this chapter applies shall be so

constructed, equipped, arranged, operated and conducted as to provide

reasonable and adequate protection to the lives, health and safety of

all persons employed therein or lawfully frequenting such places. All

machinery, equipment, and devices in such places shall be so placed,

operated, guarded, and lighted as to provide reasonable and adequate

protection to all such persons. The board may make rules to carry into

effect the provisions of this section.

2. If the commissioner finds that any machinery, equipment, or device

in any place to which this chapter applies is in a dangerous condition,

or finds that any area to which this chapter applies is in a dangerous

condition, he may attach a notice to such machinery, equipment, or

device, or post a notice in such area warning all persons of the danger.

Such notice shall prohibit the use of such machinery, equipment, or

device or prohibit further work in or occupancy of such area until the

dangerous condition is corrected and the notice is removed by the

commissioner. Upon receipt of a written notification from the employer

that the dangerous condition has been corrected, the commissioner shall

make a reinspection within ten working days, and if the commissioner

finds that the dangerous condition has been corrected, he shall remove

the notice. The filing with the board of a petition for a review of the

validity and reasonableness of the commissioner's order pursuant to

section one hundred one of this chapter, shall not stay further

proceedings; provided, however, that the board, in its discretion, may

upon application of the petitioner stay further proceedings. The board

shall grant or deny such application for a stay within seventy-two hours

after the filing of the application.

3. Whenever a notice is attached or posted as provided in subdivision

two of this section, the attorney general may institute a proceeding to

enjoin the use of such machinery, equipment, or device or to enjoin

further work in or occupancy of such area. Such proceeding shall not be

stayed by the filing with the board of a petition for a review of the

validity or reasonableness of a commissioner's order pursuant to section

one hundred one of this chapter.

4. In the exercise of his powers to protect the health and safety of

employees the commissioner shall, in municipalities which have accepted

the applicability of the state building construction code, enforce the

provisions of such code in factories, mercantile establishments and

places of public assembly with respect to: (a) sanitation and health

facilities; (b) guarding against and minimizing fire and industrial

radiation hazards; (c) safety of vertical transportation; and (d)

adequacy of exits.

Laws to be posted at airports. An airport, as defined in

section two hundred forty of the general business law, shall permanently

and prominently post signs indicating the increased penalties for

interference with security personnel under 49 USC 46503. Such signs

shall state an individual in an area within a commercial service airport

in the United States who, by assaulting or intimidating a federal,

airport, or air carrier employee who has security duties within the

airport, interferes with the performance of the duties of the employee

or lessens the ability of the employee to perform those duties, shall be

fined under title 18 of the United States code, imprisoned for not more

than ten years, or both. If the individual used a dangerous weapon in

committing the assault, intimidation, or interference, the individual

may be imprisoned for any term of years or life imprisonment. Signage

shall include the telephone numbers of local law enforcement and the

Transportation Security Administration for the purpose of reporting a

violation.

Laws and orders to be posted. Wherever persons are employed who

are affected by the provisions of this chapter or of the industrial

code, the commissioner shall furnish to the employer copies or abstracts

of such provisions, rules and orders as he may deem necessary affecting

such persons. The copies or abstracts shall be in such language as the

commissioner may require and shall be kept posted by the employer in a

conspicuous place on each floor of the premises. Digital versions of

such copies and abstracts shall also be made available through the

employer's website or by email. Employers shall provide notice that

documents required for physical posting are also available

electronically. All other documents required to be physically posted at

a worksite pursuant to state or federal law or regulation shall also be

made electronically available in the manner described pursuant to this

section.

Fingerprinting of employees prohibited. Except as otherwise

provided by law, no person, as a condition of securing employment or of

continuing employment, shall be required to be fingerprinted. This

provision shall not apply to employees of the state or any municipal

subdivisions or departments thereof, or to the employees of legally

incorporated hospitals, supported in whole or in part by public funds or

private endowment, or to the employees of medical colleges affiliated

with such hospitals or to employees of private proprietary hospitals.

Fees for medical examination. 1. It shall be unlawful for any

employer to require any applicant for employment to pay the cost of a

medical examination required by the employer as a condition of original

employment.

2. It shall be unlawful for any employer to require an employee, as a

condition of continuation of employment, to pay the cost of any medical

examination or the cost of furnishing any health certificate relating

thereto where:

a. such employee is not covered by health insurance or the employee's

health insurance does not cover such examination or certificate or the

employer does not provide qualified medical personnel to conduct such

examination without cost to the employee; and

b. such examination or certificate is not required pursuant to a state

or federal statute or municipal ordinance or local law.

3. The term "employer" as used in this section shall mean and include

an individual, a partnership, an association, a corporation, a legal

representative, trustee, receiver, trustee in bankruptcy, and any common

carrier by rail, motor, water, air or express company doing business in

or operating within the state.

4. Nothing contained herein shall prohibit the parties to a collective

bargaining agreement from inserting therein a provision requiring:

a. an applicant for employment to pay, in the first instance, the cost

of such medical examination provided that such collective bargaining

agreement also provides for the repayment of such cost by the employer

to the applicant after a reasonable period of employment; and

b. an employee who is otherwise protected by the provisions of

subdivision two of this section, to pay in the first instance the cost

of such medical examination or of furnishing the health certificate

provided that such collective bargaining agreement also provides for the

repayment of such cost by the employer to the employee within a

reasonable time.

5. Any employer who violates the provisions of this section shall be

liable to a penalty of not more than fifty dollars for each violation.

It shall be the duty of the department of labor to enforce this section.

Discrimination in child-care leave prohibited. 1. Whenever an

employer or governmental agency permits an employee to take a leave of

absence upon the birth of such employee's child, an adoptive parent,

following the commencement of the parent-child relationship, shall be

entitled to the same leave and upon the same terms; provided, however,

that the adoptive parent shall not be entitled to such equal child care

leave, or any portion thereof, at any time after the adoptive child

reaches the minimum age set forth in subdivision one of section three

thousand two hundred two of the education law for attendance in public

school without the payment of tuition. With respect to the adoption of a

hard-to-place or handicapped child as defined in section four hundred

fifty-one of the social services law who is under the age of eighteen,

an adoptive parent, following commencement of the parent-child

relationship, shall be entitled to such leave of absence.

2. For purposes of this section, "commencement of the parent-child

relationship" shall mean:

a. When the adoption occurs under sponsorship of an authorized agency,

as defined in subdivision ten of section three hundred seventy-one of

the social services law, the date the child is placed by the authorized

agency in the home of the adoptive parents pursuant to section three

hundred eighty-four of the social services law.

b. When the adoption occurs without the sponsorship of an authorized

agency, the date a petition for the adoption of a child residing with

the adoptive parents is filed in a court.

3. In addition to any other penalties or actions otherwise applicable

pursuant to this chapter, whenever an employer or governmental agency

has refused to extend available child-care leave to an adoptive parent

in violation of this section, an aggrieved individual may commence an

action for equitable relief and damages. In all actions brought pursuant

to this section, reasonable attorney's fees, as determined by the

court, shall be awarded to the prevailing plaintiff.

Discrimination against the engagement in certain activities.

1. Definitions. As used in this section:

a. "Political activities" shall mean (i) running for public office,

(ii) campaigning for a candidate for public office, or (iii)

participating in fund-raising activities for the benefit of a candidate,

political party or political advocacy group;

b. "Recreational activities" shall mean any lawful, leisure-time

activity, for which the employee receives no compensation and which is

generally engaged in for recreational purposes, including but not

limited to sports, games, hobbies, exercise, reading and the viewing of

television, movies and similar material;

c. "Work hours" shall mean, for purposes of this section, all time,

including paid and unpaid breaks and meal periods, that the employee is

suffered, permitted or expected to be engaged in work, and all time the

employee is actually engaged in work. This definition shall not be

referred to in determining hours worked for which an employee is

entitled to compensation under any law including article nineteen of

this chapter;

d. "Political matters" shall mean matters relating to elections for

political office, political parties, legislation, regulation and the

decision to join or support any political party or political, civic,

community, fraternal or labor organization;

e. "Religious matters" shall mean matters relating to religious

affiliation and practice and the decision to join or support any

religious organization or association.

2. Unless otherwise provided by law, it shall be unlawful for any

employer or employment agency to refuse to hire, employ or license, or

to discharge from employment or otherwise discriminate against an

individual in compensation, promotion or terms, conditions or privileges

of employment because of:

a. an individual's political activities outside of working hours, off

of the employer's premises and without use of the employer's equipment

or other property, if such activities are legal, provided, however, that

this paragraph shall not apply to persons whose employment is defined in

paragraph six of subdivision (a) of section seventy-nine-h of the civil

rights law, and provided further that this paragraph shall not apply to

persons who would otherwise be prohibited from engaging in political

activity pursuant to chapter 15 of title 5 and subchapter III of chapter

73 of title 5 of the USCA;

b. an individual's legal use of consumable products, including

cannabis in accordance with state law, prior to the beginning or after

the conclusion of the employee's work hours, and off of the employer's

premises and without use of the employer's equipment or other property;

c. an individual's legal recreational activities, including cannabis

in accordance with state law, outside work hours, off of the employer's

premises and without use of the employer's equipment or other property;

d. an individual's membership in a union or any exercise of rights

granted under Title 29, USCA, Chapter 7 or under article fourteen of the

civil service law; or

e. an individual's refusal to: (i) attend an employer-sponsored

meeting with the employer or its agent, representative or designee, the

primary purpose of which is to communicate the employer's opinion

concerning religious or political matters; or (ii) listen to speech or

view communications, the primary purpose of which is to communicate the

employer's opinion concerning religious or political matters.

3. The provisions of subdivision two of this section shall not be

deemed to protect activity which:

a. creates a material conflict of interest related to the employer's

trade secrets, proprietary information or other proprietary or business

interest;

b. with respect to employees of a state agency as defined in sections

seventy-three and seventy-four of the public officers law respectively,

is in knowing violation of subdivision two, three, four, five, seven,

eight or twelve of section seventy-three or of section seventy-four of

the public officers law, or of any executive order, policy, directive,

or other rule which has been issued by the attorney general regulating

outside employment or activities that could conflict with employees'

performance of their official duties;

c. with respect to employees of any employer as defined in section

twenty-seven-a of this chapter, is in knowing violation of a provision

of a collective bargaining agreement concerning ethics, conflicts of

interest, potential conflicts of interest, or the proper discharge of

official duties;

d. with respect to employees of any employer as defined in section

twenty-seven-a of this chapter who are not subject to section

seventy-three or seventy-four of the public officers law, is in knowing

violation of article eighteen of the general municipal law or any local

law, administrative code provision, charter provision or rule or

directive of the mayor or any agency head of a city having a population

of one million or more, where such law, code provision, charter

provision, rule or directive concerns ethics, conflicts of interest,

potential conflicts of interest, or the proper discharge of official

duties and otherwise covers such employees; and

e. with respect to employees other than those of any employer as

defined in section twenty-seven-a of this chapter, violates a collective

bargaining agreement or a certified or licensed professional's

contractual obligation to devote his or her entire compensated working

hours to a single employer, provided however that the provisions of this

paragraph shall apply only to professionals whose compensation is at

least fifty thousand dollars for the year nineteen hundred ninety-two

and in subsequent years is an equivalent amount adjusted by the same

percentage as the annual increase or decrease in the consumer price

index.

4. Notwithstanding the provisions of subdivision three of this

section, an employer shall not be in violation of this section where the

employer takes action based on the belief either that: (i) the

employer's actions were required by statute, regulation, ordinance or

other governmental mandate, (ii) the employer's actions were permissible

pursuant to an established substance abuse or alcohol program or

workplace policy, professional contract or collective bargaining

agreement, or (iii) the individual's actions were deemed by an employer

or previous employer to be illegal or to constitute habitually poor

performance, incompetency or misconduct.

4-a. Notwithstanding the provisions of subdivision three or four of

this section, an employer shall not be in violation of this section

where the employer takes action related to the use of cannabis based on

the following:

(i) the employer's actions were required by state or federal statute,

regulation, ordinance, or other state or federal governmental mandate;

(ii) the employee is impaired by the use of cannabis, meaning the

employee manifests specific articulable symptoms while working that

decrease or lessen the employee's performance of the duties or tasks of

the employee's job position, or such specific articulable symptoms

interfere with an employer's obligation to provide a safe and healthy

work place, free from recognized hazards, as required by state and

federal occupational safety and health law; or

(iii) the employer's actions would require such employer to commit any

act that would cause the employer to be in violation of federal law or

would result in the loss of a federal contract or federal funding.

5. Nothing in this section shall apply to persons who, on an

individual basis, have a professional service contract with an employer

and the unique nature of the services provided is such that the employer

shall be permitted, as part of such professional service contract, to

limit the off-duty activities which may be engaged in by such

individual.

6. Nothing in this section shall prohibit an organization or employer

from offering, imposing or having in effect a health, disability or life

insurance policy that makes distinctions between employees for the type

of coverage or the price of coverage based upon the employees'

recreational activities or use of consumable products, provided that

differential premium rates charged employees reflect a differential cost

to the employer and that employers provide employees with a statement

delineating the differential rates used by the carriers providing

insurance for the employer, and provided further that such distinctions

in type or price of coverage shall not be utilized to expand, limit or

curtail the rights or liabilities of any party with regard to a civil

cause of action.

7. a. Where a violation of this section is alleged to have occurred,

the attorney general may apply in the name of the people of the state of

New York for an order enjoining or restraining the commission or

continuance of the alleged unlawful acts. In any such proceeding, the

court may impose a civil penalty in the amount of three hundred dollars

for the first violation and five hundred dollars for each subsequent

violation.

b. In addition to any other penalties or actions otherwise applicable

pursuant to this chapter, where a violation of this section is alleged

to have occurred, an aggrieved individual may commence an action for

equitable relief and damages.

8. Nothing in this section shall prohibit: (i) an employer or its

agent, representative or designee from communicating to its employees

any information that the employer is required by law to communicate, but

only to the extent of such legal requirement; (ii) an employer or its

agent, representative or designee from communicating to its employees

any information that is necessary for such employees to perform their

job duties; (iii) an institution of higher education, or any agent,

representative or designee of such institution, from meeting with or

participating in any communications with its employees that are part of

coursework, any symposia or an academic program at such institution;

(iv) casual conversations between employees or between an employee and

an agent, representative or designee of an employer, provided

participation in such conversations is not required; or (v) a

requirement limited to the employer's managerial and supervisory

employees.

9. The provisions of this section shall not apply to a religious

corporation, entity, association, educational institution or society

that is exempt from the requirements of Title VII of the Civil Rights

Act of 1964 pursuant to 42 USC 2000e-1(a) with respect to speech on

religious matters to employees who perform work connected with the

activities undertaken by such religious corporation, entity,

association, educational institution or society.

10. Every employer shall post a sign in every workplace at the

location or locations where notices to employees are normally posted, to

inform employees of their rights pursuant to this section.

Maintenance of employee-patient records at occupational

health service centers. No person charged with the custody and care of

the health records of employees treated at an on-site employer sponsored

occupational health service facility shall release or disclose any

employee-patient record to an employer, except upon the express

authorization of the employee-patient, or as otherwise authorized by

law.

Posting regulations on employment of persons previously

convicted of one or more crimes. Every employer shall post in his or her

establishment, in a place accessible to his or her employees and in a

visually conspicuous manner, a copy of article twenty-three-A of the

correction law and any regulations promulgated pursuant thereto relating

to the licensure and employment of persons previously convicted of one

or more criminal offenses.

Prevention of sexual harassment. 1. The department shall

consult with the division of human rights to create and publish a model

sexual harassment prevention guidance document and sexual harassment

prevention policy that employers may utilize in their adoption of a

sexual harassment prevention policy required by this section.

a. Such model sexual harassment prevention policy shall: (i) prohibit

sexual harassment consistent with guidance issued by the department in

consultation with the division of human rights and provide examples of

prohibited conduct that would constitute unlawful sexual harassment;

(ii) include but not be limited to information concerning the federal

and state statutory provisions concerning sexual harassment and remedies

available to victims of sexual harassment and a statement that there may

be applicable local laws; (iii) include a standard complaint form; (iv)

include a procedure for the timely and confidential investigation of

complaints and ensure due process for all parties; (v) inform employees

of their rights of redress and all available forums for adjudicating

sexual harassment complaints administratively and judicially; (vi)

clearly state that sexual harassment is considered a form of employee

misconduct and that sanctions will be enforced against individuals

engaging in sexual harassment and against supervisory and managerial

personnel who knowingly allow such behavior to continue; and (vii)

clearly state that retaliation against individuals who complain of

sexual harassment or who testify or assist in any proceeding under the

law is unlawful.

b. Every employer shall adopt the model sexual harassment prevention

policy promulgated pursuant to this subdivision or establish a sexual

harassment prevention policy to prevent sexual harassment that equals or

exceeds the minimum standards provided by such model sexual harassment

prevention policy. Such sexual harassment prevention policy shall be

provided to all employees in writing as required by subdivision two-a of

this section. Such model sexual harassment prevention policy shall be

publicly available and posted on the websites of both the department and

the division of human rights.

2. The department shall consult with the division of human rights and

produce a model sexual harassment prevention training program to prevent

sexual harassment in the workplace.

a. Such model sexual harassment prevention training program shall be

interactive and include: (i) an explanation of sexual harassment

consistent with guidance issued by the department in consultation with

the division of human rights; (ii) examples of conduct that would

constitute unlawful sexual harassment; (iii) information concerning the

federal and state statutory provisions concerning sexual harassment and

remedies available to victims of sexual harassment; and (iv) information

concerning employees' rights of redress and all available forums for

adjudicating complaints.

b. The department shall include information in such model sexual

harassment prevention training program addressing conduct by supervisors

and any additional responsibilities for such supervisors.

c. Every employer shall utilize the model sexual harassment prevention

training program pursuant to this subdivision or establish a training

program for employees to prevent sexual harassment that equals or

exceeds the minimum standards provided by such model training. Such

sexual harassment prevention training shall be provided to all employees

on an annual basis.

2-a. a. Every employer shall provide his or her employees, in writing

in English and in the language identified by each employee as the

primary language of such employee, at the time of hiring and at every

annual sexual harassment prevention training provided pursuant to

subdivision two of this section, a notice containing such employer's

sexual harassment prevention policy and the information presented at

such employer's sexual harassment prevention training program.

b. The commissioner shall prepare templates of the model sexual

harassment prevention policy created and published pursuant to

subdivision one of this section and the model sexual harassment

prevention training program produced pursuant to subdivision two of this

section. The commissioner shall determine, in his or her discretion,

which languages to provide in addition to English, based on the size of

the New York state population that speaks each language and any other

factor that the commissioner shall deem relevant. All such templates

shall be made available to employers in such manner as determined by the

commissioner.

c. When an employee identifies as his or her primary language a

language for which a template is not available from the commissioner,

the employer shall comply with this subdivision by providing that

employee an English-language notice.

d. An employer shall not be penalized for errors or omissions in the

non-English portions of any notice provided by the commissioner.

3. The commissioner may promulgate regulations as he or she deems

necessary for the purposes of carrying out the provisions of this

section.

4. Beginning in the year two thousand twenty-two, and every succeeding

four years thereafter, the department in consultation with the division

of human rights shall evaluate, using the criteria within this section,

the impact of the current model sexual harassment prevention guidance

document and sexual harassment prevention policy. Upon the completion of

each evaluation the department shall update the model sexual harassment

prevention guidance document and sexual harassment prevention policy as

needed.

Posting of veterans' benefits and services. 1. The department

shall consult with the division of veterans' services to create and

distribute a veterans' benefits and services poster.

2. Such poster shall, at a minimum, include information regarding the

following services available to veterans:

a. contact and website information for the division of veterans'

services and the department's veterans' program;

b. substance abuse and mental health treatment;

c. educational, workforce, and training resources;

d. tax benefits;

e. New York state veteran drivers' licenses and non-driver

identification cards;

f. eligibility for unemployment insurance benefits under state and/or

federal law;

g. legal services; and

h. contact information for the U.S. Department of Veterans Affairs

Veterans Crisis Line.

3. Every employer in the state with more than fifty full-time

equivalent employees shall display the poster created pursuant to this

section in a conspicuous place accessible to employees in the workplace.

Request for access to personal accounts prohibited. 1. For

purposes of this section, the following words shall have the following

meanings:

(a) "Applicant" means an applicant for employment.

(b) "Electronic communications device" means any device that uses

electronic signals to create, transmit, and receive information,

including, but not limited to computers, telephones, personal digital

assistants and other similar devices.

(c) "Employer" means (i) a person or entity engaged in a business,

industry, profession, trade or other enterprise in the state; (ii) the

state of New York; (iii) a county, city, town, village or any other

political subdivision or civil division of the state; (iv) a school

district or any government entity operating a public school, college, or

university; (v) a public improvement or special district; (vi) a public

authority, commission or public benefit corporation; or (vii) any other

public corporation, agency, instrumentality or unit of government which

exercises governmental power under the laws of the state; and (viii)

shall include an agent, representative or designee of the employer.

(d) "Personal account" means an account or profile on an electronic

medium where users may create, share, and view user-generated content,

including uploading or downloading videos or still photographs, blogs,

video blogs, podcasts, instant messages, or internet website profiles or

locations that is used by an employee or an applicant exclusively for

personal purposes.

2. (a) Except as provided in paragraph (b) of this subdivision, it

shall be unlawful for any employer to request, require or coerce any

employee or applicant for employment to:

(i) disclose any user name and password, password, or other

authentication information for accessing a personal account through an

electronic communications device;

(ii) access the employee's or applicant's personal account in the

presence of the employer; or

(iii) reproduce in any manner photographs, video, or other information

contained within a personal account obtained by the means prohibited in

this paragraph.

(b) An employer may require an employee to disclose any user name,

password or other means for accessing nonpersonal accounts that provide

access to the employer's internal computer or information systems.

(c) For the purposes of this section, "access" shall not include an

employee or applicant voluntarily adding an employer, agent of the

employer, or employment agency to their list of contacts associated with

a personal internet account.

3. An employer may not:

(a) Discharge, discipline, or otherwise penalize or threaten to

discharge, discipline, or otherwise penalize an employee for an

employee's refusal to disclose any information specified in paragraph

(a) of subdivision two of this section; or

(b) Fail or refuse to hire any applicant as a result of the

applicant's refusal to disclose any information specified in paragraph

(a) of subdivision two of this section.

4. It shall be an affirmative defense to an action under this section

that the employer acted to comply with requirements of a federal, state

or local law.

5. (a) Nothing in this section shall prohibit an employer from:

(i) requesting or requiring an employee to disclose access information

to an account provided by the employer where such account is used for

business purposes and the employee was provided prior notice of the

employer's right to request or require such access information;

(ii) requesting or requiring an employee to disclose access

information to an account known to an employer to be used for business

purposes;

(iii) accessing an electronic communications device paid for in whole

or in part by the employer where the provision of or payment for such

electronic communications device was conditioned on the employer's right

to access such device and the employee was provided prior notice of and

explicitly agreed to such conditions. However, nothing in this

subparagraph shall permit an employer to access any personal accounts on

such device;

(iv) complying with a court order in obtaining or providing

information from, or access to, an employee's accounts as such court

order may require;

(v) restricting or prohibiting an employee's access to certain

websites while using an employer's network or while using an electronic

communications device paid for in whole or part by the employer where

the provision of or payment for such electronic communications device

was conditioned on the employer's right to restrict such access and the

employee was provided prior notice of and explicitly agreed to such

conditions.

(b) This section does not prohibit or restrict an employer from

complying with a duty to screen employees or applicants prior to hiring

or to monitor or retain employee communications that is established

under federal law or by a self regulatory organization, as defined in

section 3(a)(26) of the securities and exchange act of 1934, 15 USC

§78c(a)(26).

(c) This section does not prohibit or restrict an employer from

viewing, accessing, or utilizing information about an employee or

applicant that can be obtained without any required access information,

that is available in the public domain, or for the purposes of obtaining

reports of misconduct or investigating misconduct, photographs, video,

messages, or other information that is voluntarily shared by an

employee, client, or other third party that the employee subject to such

report or investigation has voluntarily given access to contained within

such employee's personal account.

6. The provisions of this section shall not apply to any law

enforcement agency, a fire department or a department of corrections and

community supervision.

Protection of the public and of persons engaged at window

cleaning and cleaning of exterior surfaces of buildings. The owner,

lessee, agent and manager of every public building and every contractor

involved shall provide such safe means for the cleaning of the windows

and of exterior surfaces of such building as may be required and

approved by the board of standards and appeals. The owner, lessee,

agent, manager or superintendent of any such public building and every

contractor involved shall not require, permit, suffer or allow any

window or exterior surface of such building to be cleaned unless such

means are provided to enable such work to be done in a safe manner for

the prevention of accidents and for the protection of the public and of

persons engaged in such work in conformity with the requirements of this

chapter and the rules of the board of standards and appeals. A person

engaged at cleaning windows or exterior surfaces of a public building

shall use the safety devices provided for his protection. Every employer

and contractor involved shall comply with this section and the rules of

the board and shall require his employee, while engaged in cleaning any

window or exterior surface of a public building, to use the equipment

and safety devices required by this chapter and rules of the board of

standards and appeals.

The provisions of this section shall not apply to (1) multiple

dwellings six stories or less in height located anywhere in this state;

nor to (2) any building three stories or less in height in cities, towns

or villages having a population of less than forty thousand; nor to (3)

the windows or exterior surfaces of any building which may be exempted

under any rule adopted by the board of standards and appeals.

The board of standards and appeals may grant variations pursuant to

the provisions of section thirty of this chapter. All existing

variations heretofore made by the board relating to the cleaning of

windows are hereby validated and continued in full force and effect

until amended or terminated by the board.

The board of standards and appeals may make rules to effectuate the

purposes of this section.

Notwithstanding any other law or regulation, local or general, the

provisions of this section and the rules issued thereunder shall be

applicable exclusively throughout the state and the commissioner shall

have exclusive authority to enforce this section and the rules issued

thereunder.

Leave of absence for bone marrow donations. 1. For the

purposes of this section, the following terms shall have the following

meanings:

(a) "Employee" means a person who performs services for hire for an

employer, for an average of twenty or more hours per week, and includes

all individuals employed at any site owned or operated by an employer

but shall not include an independent contractor.

(b) "Employer" means a person or entity that employs twenty or more

employees at at least one site and includes an individual, corporation,

partnership, association, nonprofit organization, group of persons,

county, town, city, school district, public authority or other

governmental subdivision of any kind.

2. An employer must grant leaves of absence to an employee who seeks

to undergo a medical procedure to donate bone marrow. The combined

length of the leaves shall be determined by the physician, but may not

exceed twenty-four work hours, unless agreed to by the employer. The

employer may require verification by a physician for the purpose and

length of each leave requested by the employee to donate bone marrow.

3. An employer shall not retaliate against an employee for requesting

or obtaining a leave of absence as provided by this section for the

purpose of undergoing a medical procedure to donate bone marrow.

4. The provisions of this section shall not prevent an employer from

providing leave for bone marrow donations in addition to leave allowed

under any other provision of law. The provisions of this section shall

not affect an employee's rights with respect to any other employee

benefit otherwise provided by law.

Leave for organ or bone marrow donation granted to state

employees. 1. Any employee of the state of New York shall be allowed up

to seven days paid leave to undergo a medical procedure to donate bone

marrow and up to thirty days paid leave to serve as an organ donor,

provided, however, that an employee of the state of New York shall

provide his or her employer with not less than fourteen days prior

written notice of an intention to utilize such leave, unless there

exists a medical emergency, attested to by a physician, which would

require the employee to participate in the medical procedure or organ

donation for which the leave is sought within the fourteen day

notification period. Such leave shall be in addition to any other sick

or annual leave allowed. The employer may require verification by a

physician for the purpose and length of each leave requested by the

employee to donate bone marrow.

2. An employer shall not retaliate against an employee for requesting

or obtaining a leave of absence as provided by this section for the

purpose of undergoing a medical procedure to donate bone marrow or serve

as an organ donor.

3. The provisions of this section shall not prevent an employer from

providing leave for bone marrow or organ donations in addition to leave

allowed under any other provision of law. The provisions of this section

shall not affect an employee's rights with respect to any other employee

benefit otherwise provided by law.

Prevention of personal injuries in the use of ski tows, other

passenger tramways and downhill ski areas. The commissioner may make

rules, consistent with article eighteen of the general obligations law,

guarding against personal injuries to employees and the public in the

use and operation of ski tows, other passenger tramways and downhill ski

areas.

Coin-operated machines performing a manufacturing process.

The commissioner may make such rules governing the construction,

maintenance, use, and operation of coin-operated machines which perform

any manufacturing process that he or she finds necessary for the

protection of the lives, health, and safety of employees and of persons

lawfully using such machines. The term "manufacturing" as used in this

section shall include the processes described in subdivision nine of

section two of this chapter.

Protection of persons employed on/in vehicular bridges and/or

tunnels. The board of standards and appeals may make such rules as may

be necessary for the protection of the lives, health and safety of

persons employed on/in vehicular bridges and/or tunnels by bridge and

tunnel authorities subject to the public authorities law of this state.

Protection of hotel and motel employees against fire hazards

in employee housing facilities. Notwithstanding any other provision of

law, the board of standards and appeals shall issue a temporary rule

governing fire hazards in housing facilities for hotel and motel

employees, to become effective on the first day of June, nineteen

hundred seventy-three. Such temporary rule shall contain such national

consensus standards or standards of any governmental agency in the state

relating to housing facilities as the board deems necessary for the

protection of the lives, health and safety of hotel and motel employees.

Notice of the adoption of such temporary rule shall be published in ten

newspapers throughout the state and such temporary rule shall be filed

with the secretary of state. Such temporary rule shall remain in effect

until superseded by a safety and health standard promulgated in

accordance with the procedure prescribed in article twelve of this

chapter or until the first day of June, nineteen hundred seventy-four,

whichever occurs first, provided however, that nothing in this section

shall prevent any other agency of the state or subdivision thereof from

enforcing a public health and safety standard promulgated pursuant to

section two hundred twenty-five of the public health law.

Display of fuel-connected appliances in wholesale or retail

store. No gas, gasoline or liquefied petroleum gas fueled appliances

shall be displayed in a wholesale or retail store when attached to a

live fuel source. This section shall not prevent a live demonstration

of such appliances under the immediate supervision, and in the presence

of, a responsible adult.

High-voltage proximity. 1. This section may be known as the

"high-voltage proximity act".

2. Definitions. For the purpose of this section:

(a) "High-voltage lines" means electrical conductors installed above

ground and having a voltage differential in excess of six hundred volts

between any pair of conductors or between any conductor and ground. In

the case of alternating current, the voltage shall be measured in R.M.S.

value. This definition shall not include approved armored cable used to

supply power to portable equipment and insulated power cables enclosed

in approved metallic raceways.

(b) "Dangerous proximity" means a distance within ten feet of

high-voltage lines, or within such greater distances as are set forth in

the current editions and any subsequent revisions of the regulations of

the United States Occupational Safety and Health Administration (29 CFR

parts 1910 and 1926), the New York industrial code (12 NYCRR part 23)

and the national electrical safety code.

3. Prohibited activity. (a) No employer or supervising agent of an

employer shall require or permit an employee to, and no self-employed

individual, independent contractor having no employees or homeowner

shall, participate in the operation, erection, transportation, handling,

or storage of any tools, machinery, equipment, supplies, materials or

apparatus, or the moving of any building, if in the course of such

operation, erection, transportation, handling, storage or moving it is

possible for such tools, machinery, equipment, supplies, materials,

apparatus or building, to come within dangerous proximity of a

high-voltage line; or participate in any activity which would cause the

employee, self-employed individual, independent contractor or homeowner

to come within dangerous proximity of a high-voltage line; unless

precautionary action has been taken to protect against the danger from

contact with such high-voltage line, either by de-energizing such

high-voltage line and grounding it where necessary, or other effective

methods or devices which have been approved in advance by the owner or

person in charge of such high-voltage lines for the particular case and

for the particular location.

(b) Employers whose employees operate, erect, transport, handle or

store any tools, machinery, equipment, supplies, materials or apparatus,

or move any building, which in the course of such operation, erection,

transportation, handling, storing or moving might come within dangerous

proximity of a high-voltage line, shall advise such employees of the

dangers inherent in such work, highlight precautions which are to be

taken under such circumstances and encourage employees to communicate

with and advise employers or their supervising agents of conditions

which would require precautionary action by the employer as required by

paragraph (a) of this subdivision.

(c) In no case shall the required clearance be provided by moving or

displacing any conductor, except where the same is temporarily relocated

pursuant to arrangements made with the owner or person in charge of the

high-voltage line, and such actions are performed by such owner or

person in charge.

(d) All high-voltage lines shall be considered as energized

high-voltage lines until assurance has been given that they are

otherwise by qualified representatives of the owners or persons in

charge of such lines.

4. Warning sign required. (a) The owner, agent, lessee, bailee, user,

or employer responsible for the operations of equipment capable of

coming within dangerous proximity of a high-voltage line in the course

of its operation, shall post and maintain in plain view of the operator

on each piece of such equipment, an approved durable warning sign

legible at a distance of twelve feet reading "Danger Unlawful To Operate

Any Part Of This Equipment Within 10 Feet of High-Voltage Lines".

Additional warning signs shall be placed on various parts of the

equipment providing similar warnings to others in the vicinity of the

high-voltage lines.

Notwithstanding the foregoing, all such posted warnings shall specify

the actual distance by which the term "dangerous proximity" is defined

by paragraph (b) of subdivision two of this section. The owner, agent,

lessee, bailee, user, or employer responsible for the operations of

equipment shall provide such other warning signs on equipment or at the

work site as may be required by regulations promulgated hereunder. The

requirement that warning signs be posted shall not apply to railway

equipment operating on railway right-of-way in relation to high-voltage

conductors of such railway system under conditions for which exemption

is granted under subdivision eight of this section.

(b) If for any reason and for any time period, the operator of the

equipment is unable to assess visually the clearance of the equipment

from overhead high-voltage lines, a second person shall be designated to

observe the clearance and provide timely warning to the equipment

operator.

5. Notification to power company and responsibility for safeguards.

Whenever any activity is to be performed requiring precautionary action

under this section, the employer, contractor or other person responsible

for the activity shall promptly notify the owner or person in charge of

the high-voltage line of the intended activity, such notification to be

submitted at least five normal work days before the activity is to be

performed. The owner or person responsible for the high-voltage line

shall perform all necessary precautionary actions, and the employer,

contractor or other person responsible for the activity shall be

responsible for all costs of such precautionary actions. Under no

circumstances shall activities requiring precautionary actions be

undertaken before such precautionary actions have been completed.

6. Enforcement. The commissioner shall administer and enforce the

provisions of this section and is hereby empowered to prescribe and

promulgate rules and regulations consistent herewith. Such regulations

shall include a requirement that clearances greater than the dangerous

proximity distance must be maintained where, in the judgment of the

board, safety so requires.

7. Civil penalty. (a) Any person violating any of the provisions of

this section shall be liable for a penalty of not less than one hundred

dollars nor more than one thousand dollars to be collected in a civil

action by a summary proceeding. Any violation of this section by an

officer, agent or employee shall be a violation by the employer if such

employer had knowledge of and actual control over the cause of such

violation. Where the violation is of a continuing nature, each day

during which it continues shall constitute an additional, separate and

distinct offense.

(b) The commissioner is hereby authorized and empowered to compromise

and settle any claim for a penalty under this section in such amount in

the discretion of the commissioner as may appear appropriate and

equitable under the circumstances.

8. Exceptions. (a) This section shall not be construed as applying to,

shall not apply to, and is not intended to apply to, the construction,

reconstruction, operations, and maintenance of overhead electrical

conductors and their supporting structures and associated equipment by

authorized and qualified electrical workers; nor to the authorized and

qualified employees of any person engaged in the construction,

reconstruction, operation, and maintenance of overhead electrical

circuits or conductors and their supporting structures and associated

equipment of rail transportation systems, or electrical generating,

transmission, distribution, and communication systems. This exception

when applied to railway systems shall be construed as permitting

operation of standard rail equipment, which is normally used in the

transportation of freight or passengers or both and the operation of

relief trains, or other equipment in emergencies, or in maintenance of

way service, within dangerous proximity of and high-voltage conductor of

such railway system; but this section shall be construed as prohibiting

normal repair or construction operations within dangerous proximity of

any high-voltage conductor by other than properly qualified and

authorized persons or employees under the direct supervision of an

authorized person who is familiar with the hazards involved, unless

there has been compliance with the safety provisions hereof.

(b) This section shall not be construed as applying to motor vehicle

transportation across or along a public road or highway where the

combined vehicle and load shall not be in excess of thirteen and

one-half feet high and thirteen feet wide. Nevertheless, this section

shall apply to motor vehicle transportation across or along a public

road or highway during such time as the combined vehicle and load shall

for any reason and for any period of time be in excess of thirteen and

one-half feet high and thirteen feet wide.

9. Severability. In case any provisions of this section shall be

adjudged unconstitutional or void for any reason, such adjudication

shall not affect any of the other provisions of this section.

Leave of absence for military spouses. 1. For the purposes of

this section, the following terms shall have the following meanings:

(a) "Employee" means a person who performs service for hire for an

employer, for an average of twenty or more hours per week, and includes

all individuals employed at any site owned or operated by an employer

but shall not include an independent contractor.

(b) "Employer" means a person or entity that employs twenty or more

employees at at least one site and includes an individual, corporation,

the state, county, town, city, school district, public authority or

other governmental subdivision of any kind.

(c) "Period of military conflict" means a period of war declared by

the United States Congress, or in which a member of a reserve component

of the armed forces is ordered to active duty pursuant to sections 12301

and 12302 of title 10 of the United States Code.

2. The spouse of a member of the armed forces of the United States,

national guard or reserves who has been deployed during a period of

military conflict, to a combat theater or combat zone of operations

shall be allowed up to ten days unpaid leave by their employer. Such

leave shall only be used when such person's spouse is on leave from the

armed forces of the United States, national guard or reserves while

deployed during a period of military conflict to a combat theater or

combat zone of operations.

3. An employer shall not retaliate against an employee for requesting

or obtaining a leave of absence as provided in this section.

4. The provisions of this section shall not affect or prevent an

employer from providing leave for military spouses in addition to leave

allowed under any other provision of law. The provisions of this section

shall not affect an employee's rights with respect to any other employee

benefit provided by law.

Leave of absence for blood donation granted to employees. 1.

For the purposes of this section, the following terms shall have the

following meanings:

(a) "Employee" means a person who performs services for hire for an

employer, for an average of twenty or more hours per week, and includes

all individuals employed at any site owned or operated by an employer

but shall not include an independent contractor.

(b) "Employer" means a person or entity that employs twenty or more

employees at at least one site and includes an individual, corporation,

partnership, association, nonprofit organization, group of persons,

state, county, town, city, school district, public authority or other

governmental subdivision of any kind.

2. An employer must either, at its option: (a) grant three hours of

leave of absence in any twelve month period to an employee who seeks to

donate blood; provided that the leave of absence may not exceed three

hours, unless otherwise agreed to by the employer, and must comply with

the requirements established by the commissioner under subdivision five

of this section; or (b) allow its employees without use of accumulated

leave time to donate blood during work hours at least two times per year

at a convenient time and place set by the employer, including allowing

an employee to participate in a blood drive at the employee's place of

employment.

3. An employer shall not retaliate against an employee for requesting

or obtaining a leave of absence under this section.

4. This section shall not prevent an employer from providing leave for

blood donation in addition to leave allowed under any other provision of

law. This section shall not affect an employee's rights with respect to

any other employee benefit otherwise provided by law.

5. The commissioner is hereby authorized and directed to establish any

necessary guidelines, including requirements for notice, request and

approval of leave, and documentation, for the timely implementation of

the program.

Protection of persons employed in the broadcast industry. 1.

For the purposes of this section:

(a) "Broadcasting industry employer" includes television stations or

networks, radio stations or networks, cable stations or networks,

internet or satellite-based services similar to a broadcast station or

network, any broadcast entities affiliated with any of the employers of

this paragraph, or any other entity that provides broadcasting services

such as news, weather, traffic, sports, or entertainment reports or

programming.

(b) "Broadcast employee" means any on-air employee or off-air employee

of a broadcasting industry employer, excluding management employees.

2. A broadcasting industry employer shall not require as a condition

of employment, whether in an employment contract or otherwise, that a

broadcast employee or prospective broadcast employee refrain from

obtaining employment:

(a) in any specified geographic area;

(b) for a specific period of time; or

(c) with any particular employer or in any particular industry; after

the conclusion of employment with such broadcasting industry employer.

This section shall not apply to preventing the enforcement of such a

covenant during the term of an employment contract.

3. Any person who violates this section shall be civilly liable to a

broadcast employee for damages, attorney's fees and costs.

Leave of absence for volunteer emergency responders. 1.

During the time that an emergency exists following a declaration of such

emergency pursuant to section twenty-four or twenty-eight of the

executive law, an employee may request and shall be granted a leave of

absence from his or her employer while engaged in the actual performance

of his or her duties as, (a) a volunteer firefighter, or (b) an enrolled

member of a volunteer ambulance service pursuant to article thirty of

the public health law unless the employer determines that the employee's

absence would impose an undue hardship on the conduct of the employer's

business as defined by paragraph (d) of subdivision ten of section two

hundred ninety-six of the executive law.

2. Subdivision one of this section shall apply only when:

(a) The employer has previously received written documentation from

the head of the employee's volunteer fire department or volunteer

ambulance service, as applicable, notifying the employer of the

employee's status as a volunteer firefighter or member of a volunteer

ambulance service; and

(b) The employee's duties as a volunteer firefighter or member of a

volunteer ambulance service are related to the declared emergency.

3. The entire period of the authorized leave of absence granted

pursuant to this section shall either be unpaid excused leave for

employees who are subject to the overtime provisions of this chapter,

the federal fair labor standards act and regulations promulgated

thereunder, or may otherwise be charged against any other leave to which

such employee is entitled, as determined by the employee.

4. Upon the employer's request, an employee who has been granted a

leave of absence in accordance with this section shall provide his or

her employer with a notarized statement from the head of the volunteer

fire department or volunteer ambulance service, as applicable,

certifying the period of time, or times, that said employee responded to

any emergency pursuant to this section.

5. Nothing set forth in this section shall be construed to impede,

infringe or diminish the rights and benefits which accrue to employees

through bona fide collective bargaining agreements, or otherwise

diminish the integrity of the existing collective bargaining

relationship.

6. As used in this section, employer does not include the state.

Nothing set forth in this section shall be construed as superseding,

limiting, or otherwise affecting the provisions of section eighty-two-a

of the civil service law, providing for authorized absences for public

officers and employees of the state.

Washrooms, washing facilities and waterclosets for elevator

employees. There shall be provided and maintained for the use of all

persons employed in operating freight or passenger elevators adequate

and convenient washrooms or washing facilities and a sufficient number

of suitable and convenient waterclosets. Where the elevator is used in

or in connection with a factory or mercantile establishment, the

provisions of sections two hundred and ninety-three and two hundred and

ninety-five shall apply to wash-rooms, washing facilities and

waterclosets for employees mentioned in this section; and where the

elevator is used in any other building or place, the provisions of such

sections three hundred and seventy-eight and three hundred and

eighty-one shall apply to washrooms, washing facilities and waterclosets

for employees engaged in the care, custody or operation of an elevator

in such building or place. For the purpose of so applying the sections

last referred to, the term "mercantile establishment" as therein used

shall be deemed to mean and include a building in which the elevator is

located or with which it connects.

Seats in certain passenger elevators or relief for the

operator. Every passenger elevator operated and maintained for use by

the public shall be equipped or furnished with a seat, collapsible or

otherwise, for the use of the operator when the elevator is not being

operated, provided the operator thereof is not allowed a continuous

recess period of at least fifteen minutes in every three hours in

addition to and apart from a lunch period of at least forty-five

minutes. Every passenger elevator operated in a building owned and

maintained by the state shall be equipped or furnished with such a seat

for the use of the operator when the elevator is not being operated,

notwithstanding the operator is allowed the recess and lunch period

herein specified. The provisions of this section shall not apply to

elevators in factory buildings or any other building having only one

passenger elevator.

Seats for female employees. A sufficient number of suitable

seats, with backs where practicable, shall be provided and maintained in

every factory, mercantile establishment, freight or passenger elevator,

hotel and restaurant for female employees who shall be allowed to use

the seats to such an extent as may be reasonable for the preservation of

their health. In factories, female employees shall be allowed to use

such seats whenever they are engaged in work which can be properly

performed in a sitting posture. In mercantile establishments, at least

one seat shall be provided for every three female employees and if the

duties of such employees are to be performed principally in front of a

counter, table, desk or fixture, such seats shall be placed in front

thereof, or if such duties are to be performed principally behind such

counter, table, desk or fixture they shall be placed behind the same.

Employee privacy protection. 1. No employer may cause a video

recording to be made of an employee in a restroom, locker room, or room

designated by an employer for employees to change their clothes, unless

authorized by court order.

2. No video recording made in violation of this section may be used by

an employer for any purpose.

3. In any civil action alleging a violation of this section, the court

may:

(a) award damages and reasonable attorneys' fees and costs to a

prevailing plaintiff; and

(b) afford injunctive relief against any employer that commits or

proposes to commit a violation of this section.

4. The rights and remedies provided herein shall be in addition to,

and not supersede, any other rights and remedies provided by statute or

common law.

5. The provisions of this section do not apply with respect to any law

enforcement personnel engaged in the conduct of his or her authorized

duties.

Employee personal identifying information. 1. An employer

shall not unless otherwise required by law:

(a) Publicly post or display an employee's social security number;

(b) Visibly print a social security number on any identification badge

or card, including any time card;

(c) Place a social security number in files with unrestricted access;

or

(d) Communicate an employee's personal identifying information to the

general public. For purposes of this section, "personal identifying

information" shall include social security number, home address or

telephone number, personal electronic mail address, Internet

identification name or password, parent's surname prior to marriage, or

drivers' license number.

2. A social security number shall not be used as an identification

number for purposes of any occupational licensing.

3. The commissioner may impose a civil penalty of up to five hundred

dollars on any employer for any knowing violation of this section. It

shall be presumptive evidence that a violation of this section was

knowing if the employer has not put in place any policies or procedures

to safeguard against such violation, including procedures to notify

relevant employees of these provisions.

Prohibition of discrimination based on an employee's or a

dependent's reproductive health decision making. 1. An employer shall be

prohibited from accessing an employee's personal information regarding

the employee's or the employee's dependent's reproductive health

decision making, including but not limited to, the decision to use or

access a particular drug, device or medical service without the

employee's prior informed affirmative written consent.

2. An employer shall not:

(a) discriminate nor take any retaliatory personnel action against an

employee with respect to compensation, terms, conditions, or privileges

of employment because of or on the basis of the employee's or

dependent's reproductive health decision making, including, but not

limited to, a decision to use or access a particular drug, device or

medical service; or

(b) require an employee to sign a waiver or other document which

purports to deny an employee the right to make their own reproductive

health care decisions, including use of a particular drug, device, or

medical service.

3. An employee may bring a civil action in any court of competent

jurisdiction against an employer alleged to have violated the provisions

of this section. In any civil action alleging a violation of this

section, the court may:

(a) award damages, including, but not limited to, back pay, benefits

and reasonable attorneys' fees and costs incurred to a prevailing

plaintiff;

(b) afford injunctive relief against any employer that commits or

proposes to commit a violation of the provisions of this section;

(c) order reinstatement; and/or

(d) award liquidated damages equal to one hundred percent of the award

for damages pursuant to paragraph (a) of this subdivision unless an

employer proves a good faith basis to believe that its actions in

violation of this section were in compliance with the law.

4. Nothing in this section shall be construed to limit any rights of

an employee provided through any other provision of law, common law or

collective bargaining unit.

5. Any act of retaliation for an employee exercising any rights

granted under this section shall subject an employer to separate civil

penalties under this section. For the purposes of this section,

retaliation or retaliatory personnel action shall mean discharging,

suspending, demoting, or otherwise penalizing an employee for:

(a) making or threatening to make, a complaint to an employer,

co-worker, or to a public body, that rights guaranteed under this

section have been violated;

(b) causing to be instituted any proceeding under or related to this

section; or

(c) providing information to, or testifying before, any public body

conducting an investigation, hearing, or inquiry into any such violation

of a law, rule, or regulation by such employer.

6. An employer that provides an employee handbook to its employees

must include in the handbook notice of employee rights and remedies

under this section.

7. If any word, phrase, clause, sentence, paragraph, subdivision, or

part of this section or the application thereof to any person or

circumstances shall, for any reason, be adjudged by any court of

competent jurisdiction to be invalid, such judgment shall not affect,

impair, or invalidate the remainder thereof, and the application thereof

to other persons or circumstances, but shall be confined in its

operation to the word, phrase, clause, sentence, paragraph, subdivision,

or part thereof directly involved in the controversy in which such

judgment shall have been rendered and to the person or circumstances

involved. It is hereby declared to be the intent of the legislature that

this section would have been enacted even if such invalid provisions had

not been included herein.

Inventions made by employees. 1. Any provision in an

employment agreement which provides that an employee shall assign, or

offer to assign, any of his or her rights in an invention to his or her

employer shall not apply to an invention that the employee developed

entirely on his or her own time without using the employer's equipment,

supplies, facilities, or trade secret information except for those

inventions that either:

(a) relate at the time of conception or reduction to practice of the

invention to the employer's business, or actual or demonstrably

anticipated research or development of the employer; or

(b) result from any work performed by the employee for the employer.

2. To the extent a provision in an employment agreement purports to

require an employee to assign an invention otherwise excluded from being

required to be assigned under subdivision one of this section, such

provision is against the public policy of this state and shall be

unenforceable.

Inspection of boilers; enforcement; fees; identification;

exceptions. 1. Inspection. The commissioner shall cause to be inspected

at least once every two years all boilers as defined in this section,

except for high pressure power boilers, antique boilers and miniature

boilers, which the commissioner shall cause to be inspected at least

once each year, and except for boilers inspected and insured by a duly

authorized insurance company in accordance with the provisions of

subdivision eight of this section and with the rules of the

commissioner.

2. Enforcement. If upon inspection of a boiler the commissioner finds

a violation of the provisions of this section or of the rules of the

board or if the commissioner receives notice from a duly authorized

insurance company that the owner or lessee of a boiler has failed, after

notice from the insurance company, to comply with the provisions of this

section and rules of the board, the commissioner shall issue an order to

the owner or lessee directing compliance therewith. If in the judgment

of the commissioner the boiler is in an unsafe or dangerous condition

the commissioner shall order the use of the boiler discontinued until

such dangerous and unsafe condition has been remedied. Such order shall

be served upon the owner or lessee of the boiler, personally or by mail.

3. Fees. A fee of two hundred dollars shall be charged the owner or

lessee of each boiler internally inspected and seventy-five dollars for

each boiler externally inspected by the commissioner, provided however,

that the external inspection of multiple boilers connected to a common

header or of separate systems owned or leased by the same party and

located in the same building, with a combined input which is 300,000

BTU/hour or less, shall be charged a single inspection fee, and further

provided that, not more than two hundred seventy-five dollars shall be

charged for the inspection of any one boiler for any year; except that

no fee shall be charged for internal or external inspections by the

commissioner of an antique steam engine maintained as a hobby and

displayed at agricultural fairs and other gatherings or of a miniature

boiler.

4. Identification of boilers; unfired pressure vessels.

a. Owners and lessees of boilers shall attach to such boilers the

numbers assigned by the commissioner under a penalty of five dollars for

each day's failure so to do after such numbers have been assigned.

b. Owners and lessees of unfired pressure vessels shall ensure that

such vessels are constructed in accordance with regulations promulgated

by the commissioner.

5. Exceptions. The provisions of this section shall not apply:

a. to a boiler subject to inspection by inspectors of steam vessels

under the department of transportation;

b. to a boiler located on a farm and used solely for agricultural

purposes;

c. to a steam or vapor boiler operating at a gauge pressure of not

more than fifteen pounds per square inch, and which is located in a

dwelling occupied by less than six families;

d. to a hot water boiler which is located in a dwelling occupied by

less than six families;

e. to a boiler subject to inspection or control by a federal agency;

f. to the boiler of a miniature model locomotive, boat, tractor or

stationary engine constructed and maintained as a hobby and not for

commercial use, and having a volume of less than two cubic feet and a

grate area not in excess of two square feet; and

g. to any low pressure boiler with a capacity of one hundred thousand

British Thermal Units or less.

6. Definitions. a. For purposes of this section, the term "boiler"

shall mean a closed vessel in which water is heated, steam is generated,

steam is superheated, or any combination thereof, under pressure or

vacuum for use externally to itself by the application of heat from

combustible fuels, electricity, or any other source, but shall not

include a device or apparatus used solely to heat water for a hot water

supply system. The term "boiler" shall include the apparatus used by

which heat is generated, and all controls and devices related to such

apparatus or to the closed vessel. The term "boiler" also shall include

fired units for heating or vaporizing liquids other than water where

these units are separate from processing systems and are complete within

themselves.

b. The term "miniature boiler" shall mean a nonelectric fired pressure

vessel which does not exceed inside shell diameter of sixteen inches,

forty-two inches over-all length of outside to outside of heads at

center, water heating surface of twenty square feet, and maximum

allowable working pressure of one hundred pounds per square inch.

c. For the purposes of this section, the term "unfired pressure

vessel" shall include containers for the containment of internal or

external pressure which may be obtained from an external source or by

the application of heat from a direct or indirect source, or any

combination thereof, provided however, that the term "unfired pressure

vessel" shall not include:

(1) pressure vessels meeting the requirements of the United States

department of transportation for the shipment of liquids or gases under

pressure;

(2) air tanks used on vehicles used for carrying passengers or freight

or used directly in the operation of trains;

(3) pressure vessels having a volume of five cubic feet or less or

having an inside diameter not exceeding six inches;

(4) pressure vessels designed for pressures of less than fifteen

pounds per square inch;

(5) hot water supply storage tanks, provided none of the following

limitations is exceeded: (i) a heat input of two hundred thousand BTU's

per hour; (ii) a water temperature of two hundred ten degrees

fahrenheit; (iii) a nominal water containing capacity of one hundred

twenty gallons;

(6) pressure vessels under federal control or regulation;

(7) pressure vessels containing water under pressure, including those

containing air, the compression of which serves only as a cushion, when

none of the following limitations are exceeded: (i) a design pressure of

thirty pounds per square inch; (ii) a design temperature of two hundred

ten degrees fahrenheit; and

(8) pressure vessels used for agricultural purposes.

7. Cities. a. A city which qualifies under the provisions of this

subdivision shall enforce the provisions of this section and the rules

of the board promulgated hereunder and for such purpose shall have the

powers of the commissioner prescribed in subdivision two of this

section. In order to so qualify, a city shall have enacted a local law

or ordinance requiring an inspection of all boilers required to be

inspected by the provisions of this section located in such city, which

inspection shall be conducted with at least the same frequency as is

required by this section, but in no case more often than once a year.

Such boilers shall be inspected by competent inspectors employed by the

city except boilers inspected and insured by a duly authorized insurance

company in accordance with the provisions of subdivision eight of this

section and with the rules of the commissioner.

b. The fee schedule contained in subdivision three of this section

shall not apply within a city which qualifies under the provisions of

this subdivision. Such a city may, by local law or ordinance, impose

reasonable fees for the inspection of boilers by the inspecting agency

of such city.

8. Inspection by insurance companies. a. All boilers which are

inspected by a duly authorized insurance company shall be exempt from

inspection by the commissioner and by cities which qualify under the

provisions of subdivision seven of this section, under the following

conditions: (1) that inspections by the insurance company are made with

the same frequency as is required by this section except that, for all

such boilers located within a city which qualifies under the provisions

of subdivision seven of this section, inspections are made with the same

frequency as is required by such city; (2) that the insurance company

complies with the rules of the commissioner; (3) that the inspectors of

the insurance company hold certificates of competency; (4) that the

insurance company gives notice to the owner or lessee of each boiler

inspected listing all violations of any provision of the rules of the

commissioner; (5) that a certified copy of the report of each inspection

is filed with the commissioner or the inspecting agency of such city, as

the case may be, within twenty-one days of the inspection, on such forms

and in such manner as required by the commissioner or the inspecting

agency of such city, as the case may be. A copy filed with the

commissioner shall be accompanied by a non-refundable fee of one hundred

dollars paid for each boiler inspected. If insurance is refused,

cancelled or discontinued for the boiler inspected the report shall so

state, together with the reasons therefor; the report shall also list

any instances of the failure of an owner or lessee of the boiler to

comply with the rules of the commissioner.

b. In order to satisfy the inspection requirements of this section,

all inspections which are made by duly authorized insurance companies

shall be made by inspectors whose competency has been certified by the

commissioner in accordance with the rules of the board. The commissioner

may, after a hearing upon notice, suspend or revoke a certificate of

competency in accordance with the rules of the board. The commissioner

may require reasonable cooperation from a city which qualifies under the

provisions of subdivision seven of this section in the course of his or

her investigation into the competency of a certified inspector.

9. Members of boards. Any member of a boiler inspection examining

board or other board created pursuant to rules and regulations of the

commissioner to implement this section shall serve without salary or

other compensation.

Refunds. Whenever the commissioner determines that any moneys

received under the provisions of this chapter or the rules issued

thereunder, or any moneys received under the provisions of article

eleven of the general business law, are in excess of the amount required

by law, or were paid in error, or that other justifiable circumstances

exist, such moneys may, within three years from receipt thereof, be

refunded upon the audit of the state comptroller, without interest.

Prohibition against eating meals in certain workrooms. No

employee shall take or be permitted to take any food into a room of any

working place where lead, arsenic or other poisonous substances or

injurious or noxious fumes, dust or gases exist in harmful conditions or

are present in harmful quantities as an incident or result of the

business carried on in such working place. Notice to the foregoing

effect shall be posted in such room. No employee, unless his presence is

necessary for the proper conduct of the business, shall remain in any

such room during the time allowed for meals. The employer shall provide

a suitable place in such establishment in which the employees may eat.

Prevention of personal injuries to persons engaged in tree

trimming. The board of standards and appeals may make rules guarding

against personal injuries to persons engaged in cutting, trimming or

removing trees or brush for hire. Such rules shall not apply to persons

cutting, trimming or removing trees or brush on behalf of, or employed

by, a public service corporation subject to the jurisdiction of the

public service commission.

Physical examinations of females. Whenever an employer shall

require a physical examination of a female by a physician or a surgeon

she shall be entitled to have the examination made by one of her sex or

to have another female present if a male physician or surgeon makes the

examination. The employer requiring the examination shall post a notice

informing the party to be examined of her rights under this section.

Right of nursing employees to express breast milk. 1. An

employer shall provide paid break time for thirty minutes, and permit an

employee to use existing paid break time or meal time for time in excess

of thirty minutes, to allow an employee to express breast milk for such

employee's nursing child each time such employee has reasonable need to

express breast milk for up to three years following child birth. No

employer shall discriminate in any way against an employee who chooses

to express breast milk in the work place.

2. (a) Upon request of an employee who chooses to express breast milk

in the workplace, an employer shall designate a room or other location

which shall be made available for use by such employee to express breast

milk. Such room or other location shall be a place that is: (i) in close

proximity to the work area; (ii) well lit; (iii) shielded from view; and

(iv) free from intrusion from other persons in the workplace or the

public. Such room or other location shall provide, at minimum, a chair,

a working surface, nearby access to clean running water and, if the

workplace is supplied with electricity, an electrical outlet. The room

or location provided by the employer for this purpose shall not be a

restroom or toilet stall.

(b) If the sole purpose or function of such room or other location is

not dedicated for use by employees to express breast milk, such room or

other location shall be made available to such an employee when needed

and shall not be used for any other purpose or function while in use by

such employee. Employers shall provide notice to all employees as soon

as practicable when such room or other location has been designated for

use by employees to express breast milk.

(c) Where compliance with the requirements of paragraphs (a) or (b) of

this subdivision is impracticable because it would impose an undue

hardship on the employer by causing significant difficulty or expense

when considered in relation to the size, financial resources, nature, or

structure of the employer's business, such employer shall make

reasonable efforts to provide a room or other location, other than a

restroom or toilet stall, that is in close proximity to the work area

where an employee can express breast milk in privacy. Provided, however,

nothing in this subdivision shall otherwise exempt an employer from the

requirements of subdivision one of this section.

(d) If the workplace has access to refrigeration, the employer shall

extend such access to refrigeration for the purposes of storing the

expressed milk.

3. The commissioner shall develop and implement a written policy

regarding the rights of nursing employees to express breast milk in the

workplace pursuant to the provisions of this section. Employers shall

provide such written policy to each employee upon hire and annually

thereafter, and to employees upon returning to work following the birth

of a child. Such policy shall:

(a) Inform employees of their rights pursuant to this section;

(b) Specify the means by which a request may be submitted to the

employer for a room or other location for use by employees to express

breast milk; and

(c) Require the employer to respond to such request within a

reasonable timeframe, but not to exceed five business days.

4. No employer or their agent, or the officer or agent of any

corporation, partnership, or limited liability company, or any other

person, shall discharge, threaten, penalize, or in any other manner

discriminate or retaliate against any employee because such employee has

exercised their rights afforded under this section.

Protection of employees at switchboards. All buildings having

installed therein a switchboard of two hundred and twenty volts or over

shall have, on the floor or upon the platform or other standing place

where the switchboard is located or to which it is attached, a rubber

mat the length of the switchboard and of sufficient width to allow a

person to walk or stand thereon while working at the switchboard or

making tests.

Employee safety in work on energized high voltage lines. 1.

There shall be no change in the present industry work practices,

procedures and standards with regard to bare-hand, live-line techniques

or with insulated-glove techniques in the handling of energized

high-voltage lines and equipment having a voltage differential in excess

of 15 kv between any pair of conductors or grounds. Changes in industry

work practices, procedures and standards relative to the handling of

energized high-voltage lines and equipment having a voltage differential

in excess of 15 kv between any pair of conductors or grounds shall be

permitted where such changes require the utilization of "hot stick"

methods. Nothing contained herein shall prevent any change in industry

work practices, procedures and standards with regard to the handling of

energized voltage lines and equipment having a high-voltage differential

in excess of 100 kv between any pair of conductors or grounds.

2. For the purposes of this section the term "work" shall include, but

not be limited to the erection, maintenance, repair, construction or

installation of such energized conductors or associated equipment and

lines in both emergency and non-emergency situations.

3. No provision herein is to prevent or prohibit any appropriate

administrative or rule-making body from making and issuing appropriate

rules and regulations concerning employee or worker safety in the work

to be performed on energized or properly grounded high-voltage electric

transmission and distribution lines and equipment.

Labels, brands and marks used by labor organizations. 1. A bona

fide union or association of employees which has adopted a device in the

form of a label, brand, mark, name or other character for the purpose of

designating the products of the labor of its members may apply to the

commissioner for the registration of such device.

2. An application for such registration shall be made on a form

prescribed by the commissioner and shall be accompanied by a

non-refundable filing fee of ten dollars. Notice of the filing of such

application shall be given by the commissioner to interested persons and

unions in such manner as the commissioner shall by rule prescribe.

Within twenty days following the date of such notice of application, any

union or aggrieved person may submit to the commissioner a written

objection to the registration of the device. If no objection is

submitted, the commissioner may register the device and issue a

certificate of registration. Such certificate shall not be assignable.

3. If an objection to the registration is duly filed with the

commissioner, the commissioner shall promptly refer the objection to the

board of standards and appeals. Upon due notice the board shall conduct

a hearing to determine whether the registration should be granted or

denied. The board may deny registration on any of the following grounds:

a. That the union or association of employees filing the application

for registration is not a bona fide union;

b. That the union or association of employees filing the application

for registration is not the rightful owner thereof;

c. That the union or association of employees filing the application

for registration has made misrepresentations concerning the device; or

d. That the device sought to be registered by the union or association

of employees is so similar to a device previously registered by a union

or association of employees that it is calculated to deceive.

4. On petition of a union or aggrieved person, the registration of any

device may be revoked by the board if it determines that the

registration was granted improperly or was obtained fraudulently.

5. The determination of the board may be reviewed pursuant to the

provisions of article seventy-eight of the civil practice law and rules.

6. The commissioner and the board shall promulgate appropriate rules

and regulations to carry into effect the provisions of this section.

Illegal use of labels, brands and marks; injunction

proceedings. No person shall in any way use or display the label,

brand, mark, name or other character, adopted by any such union or

association as provided in section two hundred eight, without the

consent or authority of such union or association; or counterfeit or

imitate any such label, brand, mark, name or other character, or

knowingly sell, dispose of, keep or have in his possession with intent

to sell or dispose of any goods, wares, merchandise or other products of

labor, upon which any such counterfeit or imitation is attached,

affixed, printed, stamped or impressed, or knowingly sell, dispose of,

keep or have in his possession with intent to sell or dispose of any

goods, wares, merchandise or other products of labor contained in any

box, case, can or package, to which or on which any such counterfeit or

imitation is attached, affixed, printed, painted, stamped or impressed.

If such device has been registered as provided in section two hundred

eight, the union or association may maintain an action to enjoin the

manufacture, use, display or sale of counterfeit or colorable imitations

of such device, or of goods bearing the same, or the unauthorized use or

display of such device, or of goods bearing the same, and the court may

restrain such wrongful manufacture, use, display or sale, and every

unauthorized use or display by others of the genuine device so

registered and filed, if such use or display is not authorized by the

owner thereof, and may award to the plaintiff such damages resulting

from such wrongful manufacture, use, display or sale as may be proved,

together with the profits derived therefrom.

A union or association which has registered a device as provided in

section two hundred eight may maintain in an action in the supreme court

to enjoin the manufacture, use, display or sale of a device which is

calculated to deceive because of its similarity with a device filed by

such union or association of members. In such action if it shall appear

that the manufacture, use, display or sale of such device sought to be

enjoined has not been authorized by the union or association of

employees which has registered the device or that such device is so

similar to a device previously registered that it is calculated to

deceive, the court may restrain the manufacture, use, display or sale of

such device and may revoke and cancel the registration of such device.

A person violating any of the provisions of this section shall be

guilty of a misdemeanor punishable by a fine of not less than one

hundred dollars nor more than five hundred dollars or by imprisonment

for not less than three months nor more than one year or by both such

fine and imprisonment.

Fraudulent representation in labor organizations. Any person

who represents himself or herself to be a member of, or who claims to

represent a labor organization which does not exist within the state, at

the time of such representation, or who has in his or her possession a

credential, certificate or letter of introduction bearing a fraudulent

seal, or bearing the seal of a labor organization which has ceased to

exist, and does not exist at the time of such representation, and

attempts to gain admission by the use of said credential, certificate,

letter of introduction, as a member of any convention, or meeting of

representatives of labor organizations of the state, shall be guilty of

a misdemeanor and upon conviction thereof shall be punishable by a fine

of not less than twenty dollars nor more than fifty dollars, and

imprisonment for not less than ten days nor more than thirty days in the

jail of the county wherein such conviction is had, or by both such fine

and imprisonment.