CHAPTER 776 AN ACT to amend the labor law, in relation to prohibiting discrimination against the engagement in legal activities during non-working hours Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The labor law is amended by adding a new section 201-d to read as follows: § 201-d. 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. 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: to 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 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 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 outside work hours, off of the employer's premises and without use of the employer's equipment or other property; or 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. 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, 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; is 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 seventythree 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 cov ers 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. the Notwithstanding the provisions of subdivision three of this section, an employer shall not be in violation of this section where 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 policy, professional contract or collective bargaining agreement, or (iii) the individual's actions were deemed by an employer or previous employer be illegal or to constitute habitually poor performance, incompetency or misconduct. to 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. § 2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 777 AN ACT to amend a chapter of the laws of 1992 amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number S. 6935-C, in relation to the effective date thereof Became a law August 7, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 2 of a chapter of the laws of 1992 amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number S. 6935-C, is amended to read as follows: § 2. This act shall take effect [immediately] January 1, 1993. § 2. This act shall take effect immediately. CHAPTER 778 AN ACT to amend the labor law, in relation to exceptions to the prohibition of discrimination against engaging in certain legal activities during non-working hours by state agency employees in violation of executive orders, policies, directives or certain other rules Became a law August 7, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph b of subdivision 3 of section 201-d of the labor law, as added by a chapter of the laws of 1992, amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number S. 6935-C, is amended to read as follows: 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; § 2. Subdivision 4 of section 201-d of the labor law, as added by a chapter of the laws of 1992, amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number S. 6935-C, is amended to read as follows: 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. § 3. This act shall take effect on the same date as a chapter of the laws of 1992, amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours as proposed in legislative bill number S. 6935-C, takes effect. CHAPTER 779 of AN ACT to amend the public authorities law, in relation to authorizing the dormitory authority to finance the construction and renovation certain facilities for The Leake and Watts Children's Home (Incorporated), Yonkers, New York Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated subparagraph to read as follows: Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation or otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems, more secure supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide new electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple use including staff training and development and an employee integrated day care program with classes of preschool special education. § 2. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows: the The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation or otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems, more secure supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide new electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple use including staff training and development and an employee integrated day care program with classes of preschool special education. Notwithstanding any other provision of law, The Leake and Watts Children's Home (Incorporated) shall have full power and authority to assign and pledge to authority any and all public funds to be apportioned or otherwise made payable by the state, a political subdivision, as defined in section one hundred of the general municipal law, or any social services district in the state in an amount sufficient to make all payments required to be made by The Leake and Watts Children's Home (Incorporated) pursuant to any lease, sublease or other agreement entered into between The Leake and Watts Children's Home (Incorporated) and the authority. All state and local officers are hereby authorized and required to pay all such funds so assigned and pledged to the authority or upon the direction of the authority, to any trustee of any authority bond or note issued pursuant to a certificate filed with any such state or local officer by the authority pursuant to the provisions of this section. No agreement or EXPLANATION-Matter in italics is new; matter in brackets [] is old law lease by The Leake and Watts Children's Home (Incorporated) shall be effective unless and until it is approved by or on behalf of the commissioners of the various state agencies that have jurisdiction over the project. § 3. Any contracts for design, construction, services and materials entered into by the dormitory authority pursuant to this act shall be deemed state contracts within the meaning of that term as set forth in article 15-A of the executive law, and the authority shall be deemed, for the purposes of this act, a contracting agency as that term is used in article 15-A of the executive law. § 4. This act shall take effect immediately. CHAPTER 780 AN ACT to amend the public authorities law, in relation to The Leake and Watts Children's Home (Incorporated), Yonkers, New York Became a law August 7, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The undesignated subparagraph of paragraph (b) of subdivision 2 of section 1676 of the public authorities law, as added by a chapter of the laws of 1992 amending the public authorities law relating to authorizing the dormitory authority to finance the construction and renovation of certain facilities for The Leake and Watts Children's Home (Incorporated), Yonkers, New York, as proposed in legislative bill numbers S. 7137-A-A. 9706-A, is amended to read as follows: The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation or otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and Cooling systems, more secure supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide new electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple use [including staff training and development and an employee integrated day care program with classes of preschool special education]. § 2. The undesignated paragraph of subdivision 1 of section 1680 of the public authorities law, as added by a chapter of the laws of 1992 amending the public authorities law relating to authorizing the dormitory authority to finance the construction and renovation of certain facilities for The Leake and Watts Children's Home (Incorporated), Yonkers, New York, as proposed in legislative bill numbers S. 7137-AA. 9706-A, is amended to read as follows: or The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems, more secure supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide new electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple use [including staff training and development and an employee integrated day care program with classes of preschool special education]; subject to the approval of the commissioners of education, social services and mental retardation and developmental disabilities, and subject further to the approval of the director of the budget including as to project need and project cost. Notwithstanding any other provision of law, The Leake and Watts Children's Home (Incorporated) shall have full power and authority |