What's happening
This bill allows New York employees to request flexible working arrangements, requires employers to consider these requests, and prohibits retaliation.
Why it matters
Defines "flexible working arrangement" broadly. covers changes to work hours, arrival/departure times, remote work, or job-sharing, offering employees a range of options beyond standard leave or shift changes.
Requires employers to provide a timely, reasoned response. employers must reply within 45 days, and if denying a written request, must provide a written explanation, encouraging transparency and accountability.
Clarifies employer discretion and limits. employers are not required to approve every request and can deny based on detailed business operation considerations (e.g., cost, morale, ability to meet demand), balancing employee flexibility with business needs.
Establishes enforcement and anti-retaliation protections. prohibits employer retaliation against those who request flexible arrangements, allows for state enforcement and penalties, and ensures collective bargaining agreements or more generous employer policies are unaffected.
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Who cares
Employees seeking flexible schedules or remote work
The bill would require employers to consider their requests, respond within 45 days and refrain from retaliation, without guaranteeing approval.
Employers and human resources departments
They would need to evaluate requests against business operations and legal or contractual obligations, and explain complete or partial denials in writing when requests are written.
Labor unions and workers covered by collective bargaining agreements
The bill would preserve employment rights and agreements under collective bargaining agreements.
New York State Department of Labor
The commissioner would issue implementing rules and could bring enforcement actions, including seeking injunctions and recovering $500 for each violation.
Headline styles
Allow Flexible Work Requests
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
3 Multi-sponsors
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
218
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. ROZIC, ROSENTHAL, SEAWRIGHT, SIMON, REYES, RAGA -- Multi-Sponsored by -- M. of A. COOK, GLICK, RIVERA -- read once and referred 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.
LBD01381-01-5
2. a. An employee may request a flexible working arrangement that meets the needs of both the employer and employee. The employer shall consider and respond to such request pursuant to the provisions of this section.
b. The employer shall respond to the request for a flexible working arrangement from the employee, and shall consider the employee's request for a flexible working arrangement and whether the request or a similar arrangement could be granted in a manner that is not inconsistent with its business operations or its legal or contractual obligations. An employer may establish reasonable standards to determine the time, place, and manner in which the employer shall discuss the request pursuant to this subdivision.
c. The employer shall notify the employee of the decision regarding the request in a reasonably timely manner, but in no cases shall such decision be provided later than forty-five days from receipt of such a request. 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.
3. 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.
4. An employer shall not retaliate against an employee exercising their rights under this section.
5. 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.
6. Nothing in this section shall require an employer to accept the flexible work arrangement of the employee.
7. a. 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.
b. 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.
8. The commissioner shall promulgate rules and regulations for the implementation of this section.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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