New York A 8931: Relates to manufacturers of firearms

Status: REFERRED TO CONSUMER AFFAIRS AND PROTECTION (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: A 8931

Sponsors: ORTIZ

Bill Text

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A08931 Summary:

BILL NOA08931 

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SAME ASNo Same As

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SPONSORValdez

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COSPNSR

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MLTSPNSR

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Add Art 37 §§1060 - 1065, Lab L

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Requires just cause for employment termination and restricts the use of electronic monitoring for disciplinary purposes; requires employers to provide just cause for discharging employees, with exceptions.

Go to top A08931 Actions:

BILL NOA08931 

&nbsp

07/16/2025referred to labor

01/07/2026referred to labor

Go to topA08931 Committee&nbspVotes:

Go to topA08931 Floor&nbspVotes:

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

Go to topA08931 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8931

 2025-2026 Regular Sessions

 IN ASSEMBLY

 July 16, 2025
 ___________

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

 AN ACT to amend the labor law, in relation to requiring just cause for
 employment termination and restricting the use of electronic monitor-
 ing for disciplinary purposes

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

 1 Section 1. The labor law is amended by adding a new article 37 to read
 2 as follows:
 3 ARTICLE 37
 4 WRONGFUL DISCHARGE
 5 Section 1060. Definitions.
 6 1061. Prohibition on wrongful discharge.
 7 1062. Electronic monitoring.
 8 1063. Data access and accuracy.
 9 1064. Arbitration.
 10 1065. Exceptions.
 11 § 1060. Definitions. As used in this article, the following terms
 12 shall have the following meanings:
 13 1. "Constructive discharge" means the voluntary termination of employ-
 14 ment by an employee due to a situation created by an act or omission of
 15 the employer which a reasonable person would find so intolerable that
 16 voluntary termination is the only reasonable alternative. Constructive
 17 discharge does not mean voluntary termination because of an employer's
 18 refusal to promote the employee or improve wages, responsibilities or
 19 other terms and conditions of employment.
 20 2. "Discharge" means any cessation of employment including termi-
 21 nation, constructive discharge, resignation, elimination of the posi-
 22 tion, failure to recall or rehire, layoff, involuntary reduction in
 23 hours, or indefinite suspension.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11052-01-5

 A. 8931 2

 1 3. a. "Just cause" means any reasonable, job-related grounds for an
 2 employee's dismissal based on:
 3 (i) the employee's failure to satisfactorily perform job duties;
 4 (ii) the employee's willful disruption of the employer's operation
 5 through act or omission;
 6 (iii) the employee's material or repeated violation of an express
 7 provision of the employer's written policies; or
 8 (iv) other legitimate business reasons determined by the employer
 9 while exercising reasonable business judgment.
 10 b. The legal use of a consumable product by an employee off the
 11 employer's premises during nonworking hours shall not be a legitimate
 12 business reason; provided, however, that this paragraph shall not apply
 13 to:
 14 (i) the use of a consumable product that affects in any manner an
 15 employee's ability to perform job-related employment responsibilities or
 16 the safety of other employees;
 17 (ii) an employee who, on a personal basis, has a professional service
 18 contract with an employer and the unique nature of the services provided
 19 authorizes the employer, as part of the service contract, to limit the
 20 use of certain products;
 21 (iii) an employer that is a nonprofit organization that, as one of its
 22 primary purposes or objectives, discourages the use of one or more
 23 lawful products by the general public; or
 24 (iv) an employer that takes action based on the belief that the
 25 employer's actions are permissible under an established substance abuse
 26 or alcohol program or policy, professional contract or collective
 27 bargaining agreement.
 28 4. "Probation period" means a defined period of time, not to exceed
 29 thirty days from the first date of work of an employee, within which
 30 employers and employees are not subject to the prohibition on wrongful
 31 discharge set forth in section one 

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