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Legislative Memo

Frank Kerbein
Director, Center for Human Resources
T 518.465.7511, ext. 210
www.bcnys.org

BILL:

S.3486 (Peralta) / A.2007 (Fahy)

Support

SUBJECT:

Predictive Scheduling

 

DATE:

June 9, 2017

 

This bill would amend the labor law to put substantial restrictions on the ability of New York employers to maintain a flexible work arrangement for the benefit of the employer and the employee.  The bill creates bargaining obligations on employers where there is no union representation – resulting in one-on-one negotiating sessions with individual employees regarding the terms and conditions of employment.  The administrative and costs burden of this bill being extensive - The Business Council, on behalf of it’s more than 2,400 members opposes this proposed legislation.

All employers would be subject to having “timely, good faith interactive” discussions with any employee who chooses to discuss the terms and conditions of employment. Each employee could engage in this “bargaining session” regarding number of hours worked, the actual time they would like to work, how and when they receive their work schedules and even the location where the employee would like to work.  It is wrong for the legislature to impose a “duty to bargain” on an employer without having the employees going through the required process of certifying union representation and engaging in similar good faith negotiations. 

The bill goes further in imposing significant employer restrictions on the ability to schedule retail, food service, or cleaning employees that will result in significant increases in costs, resulting in job losses. These restrictions require these employers to predict, often a month in advance, their scheduling needs – and if they fail to do so – will suffer financial consequences.  With the imposition of New York’s Paid Family Leave program, employees will have (when fully implemented) up to 60 days per year to care for a sick family member – often without providing any advance notice.  In addition to the lost staff time, employers would be subject to a financial penalty for “calling-in” an employee to cover that shift.  This compounding of hardships on an employer eventually become intolerable and leads to businesses leaving New York. 

For these reasons, The Business Council opposes this legislation and respectfully urges that it not be enacted.