New York A 4148: Relates to establishing the metropolitan transportation authority fiscal oversight control board to oversee and regulate the finances of the MTA; repealer

Bill Text

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A04148 Summary:

BILL NOA04148 

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SAME ASSAME AS S01698

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SPONSORReyes

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COSPNSR

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MLTSPNSR

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Add §203-g, Lab L

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Enacts the "standing is tiring (sit) act"; requires employers to provide suitable seats to all employees where the nature of such employees' work reasonably permits seated work; prohibits employers from artificially designing a work space to require standing; requires the department of labor to determine whether the nature of work reasonably permits seated work; creates a private right of action for employees whose employer does not provide seats.

Go to top A04148 Actions:

BILL NOA04148 

&nbsp

01/31/2025referred to labor

01/07/2026referred to labor

Go to topA04148 Committee&nbspVotes:

Go to topA04148 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04148 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4148

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. REYES -- read once and referred to the Committee
 on Labor

 AN ACT to amend the labor law, in relation to enacting the "standing is
 tiring (sit) act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "standing
 2 is tiring (sit) act".
 3 § 2. The labor law is amended by adding a new section 203-g to read as
 4 follows:
 5 § 203-g. Employee right to sit. 1. For the purposes of this section,
 6 the following terms shall have the following meanings:
 7 (a) "Employee" means any person within a covered industry providing
 8 labor or services for remuneration for a public or private entity or
 9 business within the state, without regard to an individual's immigration
 10 status, and shall include, but not be limited to, part-time workers,
 11 independent contractors, day laborers, farmworkers and other temporary
 12 and seasonal workers. The term "employee" shall also include individuals
 13 working for staffing agencies, contractors, or subcontractors on behalf
 14 of the employer at any individual worksite.
 15 (b) "Employer" means any individual, partnership, association, corpo-
 16 ration, limited liability company, business trust, legal representative,
 17 public entity, or any organized group acting as employer within a
 18 covered industry.
 19 (c) "Covered industry" means any of the following businesses, indus-
 20 tries, or types of employment, including but not limited to, in private,
 21 university, or nonprofit settings: retail, restaurant, grocery, cler-
 22 ical, carwash, maintenance or janitorial, and healthcare.
 23 2. An employer shall be required to provide suitable seats to all
 24 employees where the nature of such employees' work reasonably permits
 25 seated work.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04915-01-5

 A. 4148 2

 1 3. An employer shall be prohibited from designing a work space to
 2 require standing where such work space could reasonably be designed to
 3 permit seated work.
 4 4. Where the nature of an employee's work does not reasonably permit
 5 seated work, the employer shall provide anti-fatigue mats or other ergo-
 6 nomics controls that are conducive to the particular work environment.
 7 5. The department shall promulgate rules and/or regulations for deter-
 8 mining whether the nature of an employee's work reasonably permits seat-
 9 ed work under subdivisions two and four of this section, based on the
 10 totality of the circumstances for each employee, including, but not
 11 limited to, whether:
 12 (a) an employee's tasks can be performed from a chair;
 13 (b) seating an employee would interfere with job performance; and
 14 (c) the physical layout of a work space is conducive to seating.
 15 6. The department shall create signage and educational materials for
 16 the purpose of informing employees of their rights under this section.
 17 Such signage and educational materials shall be made available on the
 18 department's website, and upon request by an employer or employee, in
 19 the twelve most common languages spoken in the state, as determined by
 20 the department. The department