Governor Hochul Signs Legislation to Improve the Safety and Prosperity of Workers in New York State During Her Annual Labor Appreciation Reception

A.10835-A/S.9577-A Allows the Attorney General To Seek Damages from Individuals Fraudulently Presenting Themselves as a Union Representative

A.6950/S.9843 Establishes the Construction Reporting Pay Act Which Ensures Construction Workers are Fairly Compensated in the Event of a Last-Minute Scheduling Change by their Employer

A.2107/S.3460 Guarantees that Employees Must be Able to Access Their Personnel Files and Requires Employers To Notify Employees if Negative Information is Added to Their File

During the Annual Labor Appreciation Reception at the CUNY School of Labor and Urban Studies, Governor Kathy Hochul signed three pieces of legislation aimed at protecting New York State’s workforce as well as improving their ability to grow and prosper in New York State.

“New York has the best workforce in the nation.  Our workers power our economy, build our communities and keep our state moving forward every single day,” Governor Hochul said.  “These common sense laws will put money in workers' pockets, safeguard their personal information and ensure that a hard day’s work is met with a fair day’s pay.  I want to thank our labor partners and bill sponsors for their leadership as we continue building a safer, stronger and more affordable New York for all.”

A10835-A/S9577-A allows the Attorney General to seek damages of $1,000 per violation from individuals fraudulently presenting themselves as a union representative.  This will protect union members’ rights and prevent outside groups from deceptively collecting personal and protected information.

State Senator Jessica Ramos said, “Public employees must be able to trust that communications claiming to come from their union are legitimate.  By impersonating unions and their representatives, bad actors deliberately confuse workers, interfere with lawful union activity, and undermine the integrity of collective representation.  I am proud to sponsor this legislation to protect public employees from deception and hold those responsible accountable.”

Assemblymember Judy Griffin said, “I thank Governor Hochul for signing this important legislation and for standing with New York’s public employees and the unions that represent them.  As the prime sponsor of this bill, I am proud to close a gap in the law and protect workers from those who would knowingly impersonate unions or union representatives to spread misinformation, undermine trust or interfere with lawful union activity.  Unions play a vital role in protecting and advocating for public employees, and this legislation strengthens their ability to communicate with their members with integrity.  I am grateful for the stakeholders and advocates for joining us in standing up and ensuring workers can trust the information they receive about their rights, benefits, and workplace protections.”

A6950/S9843 establishes the Construction Reporting Pay Act which ensures construction workers are fairly compensated for their time in the event of a last-minute scheduling change by their employer.  Current law requires four hours of pay at minimum wage upon reporting to work.  With this law, workers must be paid for two hours at their regular rate if their shift is cancelled with less than 12 hours’ notice, and paid for four hours at their regular rate when a worker reports to a job site and is sent home without cause.

State Senator Jessica Ramos said, “Construction workers arrange their lives around the shifts they are promised, and their time has value.  When workers report to a job site only to be sent home or have their schedules changed at the last minute, they should not be forced to bear the financial cost.  The Construction Reporting Pay Act establishes a basic standard of fairness by ensuring workers are compensated when employers fail to honor scheduled work.  I thank Governor Hochul for her partnership in getting this important protection across the finish line.”

Assemblymember Catalina Cruz said, “This critical legislation recognizes the need to protect construction workers from financial penalties for circumstances outside their control.  These workers often lack information about when or where they'll work, and they shouldn't have to bear the cost when circumstances are of no fault of their own.  Forcing workers to spend time and resources to get to a job site, only to be sent home without pay, is simply unfair.  The Construction Reporting Pay Act will ensure that workers are compensated for showing up to work when their employer cannot provide the hours they were promised.  The cost of doing business should not be shifted onto the backs of our workers.  I want to thank the Governor for signing this important bill into law.”

A.2107/S.3460 ensures that all employees have access to their personnel files and are notified when a negative report is filed against them.  Transparency is the foundation of a modern, equitable workforce, but too many workers are denied access to the files their employers maintain about them.  Ensuring access to personnel files helps to promote productive dialogue between employers and employees.  New York will now join at least 17 other states in guaranteeing such access.

State Senator Andrew Gounardes said, "The people of New York deserve to know that their jobs and their rights are protected, no excuses.  It’s not rocket science that every worker deserves fair access to their own personnel file and the power to correct it when something false is put there.  My law puts that power in workers’ hands and ensures employers are held accountable when they fail to play by the rules.  That’s what workers deserve, that’s what this bill does and I'm grateful to have worked with Governor Hochul in signing this bill into law."

Assemblymember Jessica Gonzalez-Rojas said, “Every worker deserves to know what is in their personnel file and to have a meaningful opportunity to understand and respond to information that could impact their livelihood.  For too long, workers have been left in the dark when negative information is added to their files, creating an unfair power imbalance between employees and employers.  With the signing of the Access to Personnel Records bill, we are bringing greater transparency and accountability to the workplace and ensuring workers have a meaningful voice in their employment records.  I am proud to have championed this legislation with Senator Gounardes and grateful to Governor Hochul for signing it into law.  This is a victory for workers across New York and another step toward building workplaces where dignity, fairness, and respect are not optional, they are the standard.”

New York State AFL-CIO President Mario Cilento said, "We commend the Governor for signing critical pieces of legislation to ensure New York State leads the way when it comes to protecting workers’ rights.  This includes holding individuals accountable for fraudulently claiming to be union representatives, ensuring construction workers are fairly compensated for their time and expanding employees' access to their personnel records.  These bills put workers first."

New York State United Teachers President Melinda Person said, "NYSUT thanks Gov. Hochul and our partners in the Legislature for standing up for workers and signing this critical bill into law.  For too long, anti-labor groups have attempted to impersonate union communications and sow confusion among the very workers we represent.  This law creates a real remedy against fraud and reaffirms that deceiving workers to undermine their voices will not be tolerated in New York."

Civil Service Employees Association President Mary E. Sullivan said, “New York is one of the most unionized states in the country because it respects workers’ right to come together and speak with one voice on the job.  At a time when new technologies can be used to spread misinformation among workers and interfere with that right, this new law makes it clear that New York will continue to stand with workers to protect their right to a strong union.  CSEA thanks Governor Hochul and the State Legislature for enacting this law to ensure workers continue to have a strong voice on the job.”

AFSCME District Council 37 Executive Director Henry Garrido said, “Billionaire-backed union busters have a long history of attempting to disrupt working people’s ability to secure better conditions and have a voice in their workplace.  These predatory tactics are part of a national effort to roll back the hard-won wage increases, pensions, job protections, health care, and other critical benefits gained through union organizing that our members and their families rely on.  Thank you to Governor Hochul for signing this vital piece of legislation to protect workers from misleading and inaccurate information.”

New York State Building Trades President Gary LaBarbera said, "The Construction Reporting Pay Act will provide all construction workers with a baseline level of income stability and fairness so that circumstances beyond their control do not plunge them into economic hardship.  These wage and hour protections will ensure that our tradesmen and tradeswomen are compensated appropriately for their time and effort.  We applaud Governor Hochul, along with Senate and Assembly Leadership, for continuing to support hardworking, middle-class New Yorkers by finalizing this important legislation."

Laborers' International Union of North America Vice President and New England Regional Manager Donato A. Bianco Jr. said, “We applaud Governor Hochul and the New York State Legislature for the passage and signing of historic legislation extending call in and show up pay protections to construction workers.  The Construction Reporting Pay Act ensures workers receive the wages they deserve despite the inherently unpredictable nature of construction industry work schedules.  This statute solidifies New York's status as a nationwide leader in protecting the rights of workers, and we thank the Executive, the Legislature and the bill's prime sponsors Senator Jessica Ramos and Assemblymember Catalina Cruz for their partnership in securing this important victory."