What's happening
This bill allows New York employees to formally request flexible work arrangements, requires employers to consider such requests, and prohibits retaliation.
Why it matters
Empowers employees to request long-term or significant changes. to their work schedules or locations (such as remote work, different start/end times, or job-sharing), which could help workers better balance personal and family responsibilities or address health needs.
Requires employers to engage in a real dialogue. about such requests, including offering written reasons for any denial, which increases transparency and may encourage more thoughtful consideration of employee needs.
Sets clear limits on when employers can deny requests. , specifying allowable reasons tied to business operations (like undue cost, impact on performance, or staffing issues), which provides both employers and employees with predictable guidelines and may reduce arbitrary refusals.
Provides enforcement mechanisms and penalties. (including state investigations and fines), making it more likely that employers will comply and that employees will feel safe exercising their rights without fear of retaliation.
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Who cares
Headline styles
Let Workers Request Flexible Hours
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
Companion bills
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Flexible Work Schedules
In Assembly Committee · Labor · Sponsor Nily Rozic
Allow Flexible Work Schedules
In Senate Committee · Labor · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
500
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to flexible working arrangements
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 171 to read as follows:
§ 171. Flexible working arrangement. 1. Definitions. a. For the purposes of this section, "flexible working arrangement" shall mean intermediate or long-term changes in the employee's regular working arrangements, including but not limited to, changes in the number of days or hours worked, changes in the time the employee arrives at or departs from work, work from home, or job-sharing. "Flexible working arrangement" shall not include vacation, routine scheduling of shifts, or another form of employee leave.
b. For the purposes of this section, "inconsistent with business operations" shall mean a determination by the employer based on the following considerations: (i) the burden on an employer of undue additional costs; (ii) a legitimate or practical detrimental effect on aggregate employee morale unrelated to discrimination or other unlawful employment practices; (iii) a legitimate or practical detrimental effect on the ability of an employer to meet consumer demand; (iv) a significant inability to reorganize work among existing staff; (v) a legitimate or practical inability to recruit additional staff; (vi) a significant detrimental impact on business quality or business performance; (vii) an insufficiency of work during the periods the employee proposes to work; (viii) planned structural changes to the business; and (ix) any other reasons as specified by the commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01171-01-7
S. 500 2
2. An employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall consider a request using the procedures in this section when the employee asks the employer on an as-needed basis.
3. The employer shall discuss the request for a flexible working arrangement with the employee. The employer and employee may propose alternative arrangements during the discussion. The employer shall consider the employee's request for a flexible working arrangement and whether the request could be granted in a manner that is not inconsistent with its business operations or its legal or contractual obligations.
4. The employer shall notify the employee of the decision regarding the request in a timely manner. If the request was submitted in writing, the employer shall state any complete or partial denial of the request in writing, citing the reason as to denying the request.
5. This section shall not diminish any employment rights or agreements pursuant to a collective bargaining agreement. An employer may institute a flexible working arrangement policy that is more generous than is provided by this section.
6. An employer shall not retaliate against an employee exercising his or her rights under this section.
7. Nothing in this section shall affect any legal rights an employer or employee may have under applicable law to create, terminate, or modify a flexible working arrangement.
8. Nothing in this section shall require an employer to accept the flexible work arrangement of the employee.
9. a. The commissioner or a representative authorized by the commissioner shall have the power to (i) investigate any complaint regarding a violation of this section filed by 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; and (ii) examine and inspect the records of any employer in conjunction with such an investigation.
b. The commissioner may bring an action against an employer for failure to adhere to the provisions of this section, including injunctive relief to enjoin future conduct.
c. Any employer who violates the provisions of this section shall forfeit to the people of the state a sum of five hundred dollars for each violation, to be recovered by the commissioner in any legal action taken pursuant to this subdivision.
10. The commissioner shall promulgate rules and regulations within one hundred twenty days of the effective date of this section for the implementation of this section.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to flexible working arrangements
Purpose
To give employees the right to request flexible working arrangements that meet the needs of both the employer and employee.
Summary of provisions
Section 1 amends the labor law by adding a new Section 171:
Provides definitions for "flexible working arrangement" and "inconsistent with business operations."
States an employee may request a flexible working arrangement that meets the needs of the employer and employee. The employer shall discuss the request for a flexible working arrangement with the employer. The employer must consider the request and whether it can be granted in a manner not inconsistent with its business operations.
States the employer shall notify the employee of the decision and if the request was submitted in writing, the employer shall state any denial in writing.
States that provisions of this section shall not diminish any employment rights pursuant to a collective bargaining agreement.
Restricts an employer from retaliating against an employee for exercising his or her rights.
States that nothing in this section shall require an employer to accept the flexible work arrangement of the employee.
Establishes the commissioner's power of investigation and states the commissioner shall promulgate rules and regulations for the implementation of this section.
Section 2 establishes the effective date.
Justification
A flexible work arrangement provides employees with a variable work schedule in contrast to the traditional work experience. Studies show that businesses that provide flexible working arrangements experience a reduction in absenteeism and lateness. Both employees and employers benefit in that employees are more likely to become more productive and willing to help employers succeed. Other advantages in allowing employees to adopt flexible arrangements include conforming work schedules to mass transit schedules, schedules their children have, or less congested travel times.
This bill is modeled on similar legislation from Vermont, the first state in the nation to pass legislation that gives employees the right to request flexible working arrangements. Similar legislation has also been instituted in San Francisco. As the need for workplace flexibility grows, New York should also serve as a model for the ways in which employees can work effectively and efficiently in today's work world. Passage of this bill would not make flexible working arrangements in the workplace a requirement, but instead would give employees the right to request flexible working arrangements and employers the right to reject such requests. It would establish the procedure by which requests are to be reviewed, requiring that
employers consider a request, discuss it with the employee, and notify the employee of the decision in a timely manner.
Legislative history
2016: S2414/A3055 - REFERRED TO LABOR/ referred to labor 2015: S2414/A3055 - REFERRED TO LABOR/ referred to labor
Fiscal impact on the state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.