BILL NUMBER: S2211
SPONSOR: LIU
 
TITLE OF BILL:
An act to amend the labor law, in relation to establishing an essential
workers' bill of rights
 
PURPOSE:
To ensure rights, protection and hazard pay for essential workers during
a state of emergency.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the labor law to adding section 202-n.
Subsection 1 defines: "essential workers."
Subsection 2 requires that during a state of emergency, employers of
essential workers must implement the essential workers' bill of rights
including the following
-Employers must provide adequate personal protective equipment and
products at no cost to the workers;
-Employers must inform essential workers when an employee has contracted
a disease related to such state disaster emergency and of a worker's
potential exposure to disease;
-Employers may not retaliate or discriminate against an essential worker
for reporting any unsafe work environment;
Subsection 3:
-Defines: "employer," "formula retail store," "large employer," "manu-
facturing," "not-for-profit organization," "transportation business,"
"franchisee or subcontractor."
-Directs the Labor Commissioner to direct employers who meet the
requirements of this subdivision to make hazard payments to essential
workers during a state disaster emergency. The payments will be a
percentage or a fixed dollar amount, as prescribed by the commissioner.
No hazard payment will exceed twenty-five thousand dollars in any year
for any essential worker earning less than two hundred thousand dollars
per year or five thousand dollars for any essential worker earning more
than two hundred thousand dollars. Hazard payments will be in addition
to and not be part of an essential worker's basic annual salary, and
will not affect any performance advancement payments, performance
awards, longevity payments or other rights or benefits to which an
essential worker may be entitled. A hazard payment shall be terminated
upon the cessation of the state disaster emergency.
-Employers must cover the costs of any child care or health care needed
by essential workers during the duration of the state disaster emergen-
cy.
Section 2 is the effective date.
 
JUSTIFICATION:
During an unprecedented pandemic or state of emergency, many essential
workers continue to go to work, exposing themselves to high-risk condi-
tions without appropriate protective equipment, adequate safety stand-
ards, proper health care, and childcare or basic job protections. This
leaves them susceptible to contracting contagions and other dangers at a
higher rate than the general public.
For example, during the first few months of the COVID-19 pandemic in the
United States, the Occupational Safety and Health Administration (OSHA)
received more than 3,000 worker complaints regarding the coronavirus
between January 2020 and April 2020, outlining the fear and danger
essential workers faced on a daily basis. Complaints highlighted the
lack of personal protective equipment, the lack of transparency regard-
ing coworkers testing positive for the virus, and inadequate pay. To
date, there have been patchwork suggestions issued at the federal, state
and local levels, but no widespread regulations to ensure the safety and
well-being of essential workers.
This legislation would require employers of essential workers as defined
by Governor Cuomo's Executive Order 202.6 of 2020, to implement an
essential workers' bill of rights that:
-Would ensure workers have adequate personal protective equipment
-Would mandate that employers inform workers when an employee has
contracted a disease related to the state of emergency and of a worker's
potential exposure to disease;
-Would prevent employers from retaliating or discriminating against an
essential worker for reporting any unsafe work environment;
-Would require that employers cover the costs of any child care or
health care needed by essential workers during the duration of the state
of emergency.
-Certain large employers would also be required to pay essential workers
a payment that is a percentage or a fixed dollar amount set by the Labor
Commissioner. The benefit would be capped at $25,000 for workers earning
less than $200,000 per year and at $5,000 for those earning more than
$200,000. Small businesses, manufacturers, and nonprofits would be
exempt from this requirement.
 
PRIOR LEGISLATIVE HISTORY: 01/03/24 REFERRED TO LABOR
01/09/23 REFERRED TO LABOR
01/05/22 REFERRED TO LABOR
 
FISCAL IMPACT ON THE STATE:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.