BILL NUMBER: S3266A
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the judiciary law and the labor law, in relation to
creating additional remedies for unlawful discharge, penalty or discrim-
ination on account of the exercise of a juror's right to be absent from
employment for jury duty
 
PURPOSE:
Adds discrimination in any manner in addition to discharge or penalty as
actions an employer cannot engage in when an employee is selected for
jury duty. This act also amends the labor law so that civil penalties
can be levied against the employer and/or civil action can be brought
against the employer for violations arising from an employee's right to
be absent from employment due to jury duty.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 519 of the judiciary law to specify that
absence due to jury duty service is not grounds for discharge or any
discrimination of any kind from one's employer.
Section 2 Amends paragraph 7 of subdivision A of section 750 of the
judiciary law, as amended by chapter 823 of the laws of 1982.
Section 3 amends section 215 of the labor law, as amended by chapter 564
of the laws of 201D, and paragraph (b) of subdivision 1 and paragraph
(a) of subdivision 2 of the laws of 2014, to allow the Commissioner of
the Department of Labor to assess civil penalties against employers if
it is determined that they in any way discriminated against workers
resulting for jury duty service.
Section 3 also permits employees to wage additional civil action against
employers for any discrimination, loss of employment, damages, and
reasonable attorney's fees.
Section 4 provides for an effective date.
 
JUSTIFICATION:
This act is needed to prevent any discrimination that might occur by an
employer against an employee because the employee chose to exercise
their duty and privilege of serving on a jury. In the past, an employer
could not penalize or discharge an employee who served on a jury. This
act would further clarify the law, allowing more employees to feel more
secure in fulfilling their obligation, thereby allowing more persons to
participate in the jury process. In turn, this would give our juries a
greater cross-section of the population and make juries more represen-
tative of society. This act would also allow for civil penalties and
civil action against employers which will help to ensure that employers
do not penalize, discharge or discriminate against those employees who
are called to serve on juries.
 
LEGISLATIVE HISTORY:
S.837 of 2021-2022 (Hoylman): Reported by Judiciary. Died in Labor.
S.3351 of 2019-2020 (Hoylman): Died in Judiciary
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

Statutes affected:
S3266: 519 judiciary law, 750 judiciary law, 750(A) judiciary law
S3266A: 519 judiciary law, 750 judiciary law, 750(A) judiciary law