{"id":173,"date":"2015-03-11T19:08:57","date_gmt":"2015-03-11T19:08:57","guid":{"rendered":"https:\/\/pjcihon.expressions.syr.edu\/?page_id=173"},"modified":"2015-03-11T19:08:57","modified_gmt":"2015-03-11T19:08:57","slug":"ny-state-labor-law-s-201","status":"publish","type":"page","link":"https:\/\/pjcihon.expressions.syr.edu\/?page_id=173","title":{"rendered":"NY State Labor Law — S. 201"},"content":{"rendered":"
NY State Labor Law, Section 201-d<\/span><\/b><\/pre>\n
\u00a0 S\u00a0 201-d. <\/b>Discrimination against the engagement in certain activities.<\/span><\/pre>\n
\u00a01.Definitions. As used in this section:\u00a0 a.\u00a0 \"Political activities\" shall mean (i) running for public office, (ii)\r\ncampaigning for a candidate for public office, or\u00a0 (iii)\u00a0 participating\u00a0 in\r\nfund-raising\u00a0 activities for the benefit of a candidate, political party or\r\npolitical advocacy group;\r\n\u00a0 b.\u00a0\u00a0 \"Recreational\u00a0\u00a0 activities\"\u00a0 shall\u00a0 mean\u00a0 any\u00a0 lawful,\u00a0 leisure-time\r\nactivity, for which the employee receives\u00a0 no\u00a0 compensation\u00a0 and\u00a0 which\u00a0 is\r\ngenerally\u00a0 engaged\u00a0 in for recreational purposes, including but not limited\r\nto sports, games, hobbies, exercise, reading and the viewing of television,\r\nmovies and similar material;\r\n\u00a0 c.\u00a0 \"Work\u00a0 hours\"\u00a0 shall\u00a0 mean,\u00a0 for\u00a0 purposes of this section, all time,\r\nincluding paid and unpaid breaks and meal periods,\u00a0 that\u00a0 the\u00a0 employee\u00a0 is\r\nsuffered,\u00a0 permitted\u00a0 or\u00a0 expected\u00a0 to be engaged in work, and all time the\r\nemployee is actually engaged in work. This definition shall not be referred\r\nto\u00a0 in\u00a0 determining\u00a0 hours\u00a0 worked\u00a0 for\u00a0 which\u00a0 an\u00a0 employee is entitled to\r\ncompensation under any law including article nineteen of this chapter.\r\n\u00a0 2.\u00a0 Unless\u00a0 otherwise\u00a0 provided\u00a0 by\u00a0 law,\u00a0 it\u00a0 shall\u00a0 be unlawful for any\r\nemployer or employment agency to refuse to hire, employ or license,\u00a0 or\u00a0 to\r\ndischarge\u00a0 from\u00a0 employment or otherwise discriminate against an individual\r\nin compensation, promotion or terms, conditions or privileges of employment\r\nbecause of:\r\n\u00a0 a.\u00a0 an individual`s political activities outside of working hours, off of\r\nthe employer`s premises and without use\u00a0 of\u00a0 the\u00a0 employer`s\u00a0 equipment\u00a0 or\r\nother\u00a0 property, if such activities are legal, provided, however, that this\r\nparagraph shall not\u00a0 apply\u00a0 to\u00a0 persons\u00a0 whose\u00a0 employment\u00a0 is\u00a0 defined\u00a0 in\r\nparagraph\u00a0 six\u00a0 of\u00a0 subdivision\u00a0 (a) of section seventy-nine-h of the civil\r\nrights law, and provided further that this paragraph\u00a0 shall\u00a0 not\u00a0 apply\u00a0 to\r\npersons\u00a0 who\u00a0 would\u00a0 otherwise\u00a0 be\u00a0 prohibited\u00a0 from\u00a0 engaging in political\r\nactivity pursuant to chapter 15 of title 5 and subchapter III of chapter 73\r\nof title 5 of the USCA;\r\n\u00a0 b.\u00a0 an\u00a0 individual`s\u00a0 legal\u00a0 use\u00a0 of\u00a0 consumable\u00a0 products\u00a0 prior\u00a0 to the\r\nbeginning or after the conclusion of the employee`s work hours, and off\u00a0 of\r\nthe\u00a0 employer`s\u00a0 premises\u00a0 and\u00a0 without\u00a0 use of the employer`s equipment or\r\nother property;\r\n\u00a0 c.\u00a0 an individual`s legal recreational activities outside work hours, off\r\nof the employer`s premises and without use of the employer`s\u00a0 equipment\u00a0 or\r\nother property; or\r\n\u00a0 d.\u00a0 an\u00a0 individual`s\u00a0 membership\u00a0 in\u00a0 a\u00a0 union\u00a0 or any exercise of rights\r\ngranted under Title 29, USCA, Chapter 7 or under article\u00a0 fourteen\u00a0 of\u00a0 the\r\ncivil service law.\r\n\u00a0 3.\u00a0 The provisions of subdivision two of this section shall not be deemed\r\nto protect activity which:\r\n\u00a0 a.\u00a0 creates\u00a0 a\u00a0 material\u00a0 conflict\u00a0 of interest related to the employer`s\r\ntrade secrets, proprietary information or\u00a0 other\u00a0 proprietary\u00a0 or\u00a0 business\r\ninterest;\r\n\u00a0 b.\u00a0 with\u00a0 respect\u00a0 to\u00a0 employees of a state agency as defined in sections\r\nseventy-three and seventy-four of the public officers law respectively,\u00a0 is\r\nin knowing violation of subdivision two, three, four, five, seven, eight or\r\ntwelve of section seventy-three or of section seventy-four\u00a0 of\u00a0 the\u00a0 public\r\nofficers\u00a0 law,\u00a0 or of any executive order, policy, directive, or other rule\r\nwhich has been issued by the attorney general regulating outside employment\r\nor\u00a0 activities\u00a0 that\u00a0 could\u00a0 conflict\u00a0 with employees` performance of their\r\nofficial duties;\r\n\u00a0 c.\u00a0 with\u00a0 respect\u00a0 to\u00a0 employees\u00a0 of\u00a0 any\u00a0 employer as defined in section\r\ntwenty-seven-a of this chapter, is in knowing violation of a provision of a\r\ncollective\u00a0 bargaining\u00a0 agreement concerning ethics, conflicts of interest,\r\npotential conflicts of\u00a0 interest,\u00a0 or\u00a0 the\u00a0 proper\u00a0 discharge\u00a0 of\u00a0 official\r\nduties;\r\n\u00a0 d.\u00a0 with\u00a0 respect\u00a0 to\u00a0 employees\u00a0 of\u00a0 any\u00a0 employer as defined in section\r\ntwenty-seven-a of this chapter who are not subject to section seventy-three\r\nor\u00a0 seventy-four\u00a0 of\u00a0 the\u00a0 public\u00a0 officers law, is in knowing violation of\r\narticle\u00a0 eighteen\u00a0 of\u00a0 the\u00a0 general\u00a0 municipal\u00a0 law\u00a0 or\u00a0 any\u00a0\u00a0 local\u00a0\u00a0 law,\r\nadministrative\u00a0 code\u00a0 provision,\u00a0 charter provision or rule or directive of\r\nthe mayor or any agency head of a city having a population of\u00a0 one\u00a0 million\r\nor\u00a0 more,\u00a0 where\u00a0 such\u00a0 law,\u00a0 code\u00a0 provision,\u00a0 charter\u00a0 provision, rule or\r\ndirective concerns ethics, conflicts of interest,\u00a0 potential\u00a0 conflicts\u00a0 of\r\ninterest,\u00a0 or\u00a0 the proper discharge of official duties and otherwise covers\r\nsuch employees; and\r\n\u00a0 e.\u00a0 with respect to employees other than those of any employer as defined\r\nin section twenty-seven-a of this chapter, violates a collective bargaining\r\nagreement\u00a0 or a certified or licensed professional`s contractual obligation\r\nto devote his or her entire compensated working hours to a single employer,\r\nprovided\u00a0 however that the provisions of this paragraph shall apply only to\r\nprofessionals whose compensation is at least fifty thousand dollars for the\r\nyear\u00a0 nineteen\u00a0 hundred ninety-two and in subsequent years is an equivalent\r\namount adjusted by the same percentage as the annual increase\u00a0 or\u00a0 decrease\r\nin the consumer price index.\r\n\u00a0 4.\u00a0 Notwithstanding\u00a0 the provisions of subdivision three of this section,\r\nan employer shall not be in violation of this section\u00a0 where\u00a0 the\u00a0 employer\r\ntakes\u00a0 action\u00a0 based\u00a0 on the belief either that: (i) the employer`s actions\r\nwere required by\u00a0 statute,\u00a0 regulation,\u00a0 ordinance\u00a0 or\u00a0 other\u00a0 governmental\r\nmandate,\u00a0 (ii)\u00a0 the\u00a0 employer`s\u00a0 actions\u00a0 were\u00a0 permissible\u00a0 pursuant to an\r\nestablished\u00a0 substance\u00a0 abuse\u00a0 or\u00a0 alcohol\u00a0 program\u00a0 or\u00a0 workplace\u00a0 policy,\r\nprofessional\u00a0 contract\u00a0 or\u00a0 collective\u00a0 bargaining\u00a0 agreement, or (iii) the\r\nindividual`s actions were deemed by an employer or previous employer to\u00a0 be\r\nillegal\u00a0 or\u00a0 to\u00a0 constitute\u00a0 habitually\u00a0 poor\u00a0 performance, incompetency or\r\nmisconduct.\r\n\u00a0 5.\u00a0 Nothing\u00a0 in this section shall apply to persons who, on an individual\r\nbasis, have a professional service contract with an employer and the unique\r\nnature\u00a0 of\u00a0 the\u00a0 services\u00a0 provided\u00a0 is\u00a0 such\u00a0 that\u00a0 the\u00a0 employer shall be\r\npermitted, as part of such professional\u00a0 service\u00a0 contract,\u00a0 to\u00a0 limit\u00a0 the\r\noff-duty activities which may be engaged in by such individual.\r\n\u00a0 6.\u00a0 Nothing\u00a0 in\u00a0 this\u00a0 section shall prohibit an organization or employer\r\nfrom offering, imposing or having in effect a health,\u00a0 disability\u00a0 or\u00a0 life\r\ninsurance\u00a0 policy that makes distinctions between employees for the type of\r\ncoverage or the price of coverage based upon\u00a0 the\u00a0 employees`\u00a0 recreational\r\nactivities\u00a0 or\u00a0 use\u00a0 of\u00a0 consumable\u00a0 products,\u00a0 provided\u00a0 that differential\r\npremium rates charged employees reflect a differential cost to the employer\r\nand\u00a0 that\u00a0 employers\u00a0 provide\u00a0 employees\u00a0 with\u00a0 a statement delineating the\r\ndifferential rates\u00a0 used\u00a0 by\u00a0 the\u00a0 carriers\u00a0 providing\u00a0 insurance\u00a0 for\u00a0 the\r\nemployer,\u00a0 and\u00a0 provided further that such distinctions in type or price of\r\ncoverage shall not be utilized to expand, limit or curtail\u00a0 the\u00a0 rights\u00a0 or\r\nliabilities of any party with regard to a civil cause of action.\r\n\u00a0 7.\u00a0 a. Where a violation of this section is alleged to have occurred, the\r\nattorney general may apply in the name of the people of the\u00a0 state\u00a0 of\u00a0 New\r\nYork for an order enjoining or restraining the commission or continuance of\r\nthe alleged unlawful acts. In any such proceeding, the court may\u00a0 impose\u00a0 a\r\ncivil\u00a0 penalty\u00a0 in\u00a0 the\u00a0 amount\u00a0 of\u00a0 three\u00a0 hundred\u00a0 dollars\u00a0 for the first\r\nviolation and five hundred dollars for each subsequent violation.\r\n\u00a0 b.\u00a0 In\u00a0 addition\u00a0 to\u00a0 any other penalties or actions otherwise applicable\r\npursuant to this chapter, where a violation of this section is\u00a0 alleged\u00a0 to\r\nhave occurred, an aggrieved individual may commence an action for equitable\r\nrelief and damages.<\/span><\/pre>\n","protected":false},"excerpt":{"rendered":"
NY State Labor Law, Section 201-d \u00a0 S\u00a0 201-d. Discrimination against the engagement in certain activities. \u00a01.Definitions. As used in this section:\u00a0 a.\u00a0 “Political activities” shall mean (i) running for public office, (ii) campaigning for a candidate for public office, or\u00a0 (iii)\u00a0 participating\u00a0 in fund-raising\u00a0 activities for the benefit of a candidate, political party or … Continue reading NY State Labor Law — S. 201<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"_links":{"self":[{"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=\/wp\/v2\/pages\/173"}],"collection":[{"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=173"}],"version-history":[{"count":1,"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=\/wp\/v2\/pages\/173\/revisions"}],"predecessor-version":[{"id":174,"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=\/wp\/v2\/pages\/173\/revisions\/174"}],"wp:attachment":[{"href":"https:\/\/pjcihon.expressions.syr.edu\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=173"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}