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AN ACT to amend the labor law in relation to prohibiting discrimination

against the engagement in legal activities during non-working hours

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Became a law August 7, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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

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Section 1. The labor law is amended by adding a new section 201-d to read as follows:

$ 201-d. Discrimination against the engagement in certain activities. 1. Definitions. As used in this section:

a. "Political activities" shall mean (1) running for public office, (ii) campaigning for a candidate for public office, or (iii) participat; ing in fund-raising activities for the benefit of a candidate, political party or political advocacy group;

b. "Recreational activities" shall mean any lawful, leisure-time activity, for which the employee receives no compensation and which is generally engaged in for recreational purposes, including but not limited to sports, games, hobbies, exercise, reading and the viewing of television, movies and similar material;

c. "Work hours" shall mean, for purposes of this section, all time, including paid and unpaid breaks and meal periods, that the employee is suffered, permitted or expected to be engaged in work, and all time the employee is actually engaged in work. This definition shall not be referred to in determining hours worked for which an employee is entitled to compensation under any law including article nineteen of this chapter.

2. Unless otherwise provided by law, it shall be unlawful for any em-
ployer or employment agency to refuse to hire, employ or license, or to
discharge from employment or otherwise discriminate against an individ-
ual in compensation, promotion or terms, conditions or privileges of em-
ployment because of:

an individual's political activities outside of working hours, off
of the employer's premises and without use of the employer's equipment
or other property, if such activities are legal, provided, however, that
this paragraph shall not apply to persons whose employment is defined in
paragraph six of subdivision (a) of section seventy-nine-h of the civil
rights law, and provided further that this paragraph shall not apply to
persons who would otherwise be prohibited from engaging in political ac-
tivity pursuant to chapter 15 of title 5 and subchapter III of chapter
73 of title 5 of the USCA;
b.

individual's legal of consumable products prior to the
beginning or after the conclusion of the employee's work hours, and off
of the employer's premises and without use of the employer's equipment
or other property;

individual's legal recreational activities outside work hours,
off of the employer's premises and without use of the employer's equip-
ment or other property; or
d.

individual's membership in a union or any exercise of rights
granted under Title 29, USCA, Chapter 7 or under article fourteen of the
civil service law.

3. The provisions of subdivision two of this section shall not be deemed to protect activity which :

creates a material conflict of interest related to the employer's trade secrets, proprietary information or other proprietary or

business interest;

b. with respect to employees of a state agency as defined in sections seventy-three and seventy-four of the public officers law respectively, is

in knowing violation of subdivision two, three, four, five, seven; eight or twelve of section seventy-three or of section

seventy-four of the public officers law;

with respect to employees of any employer as defined in section twenty-seven-a of this chapter, is in knowing violation of

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of a collective bargaining agreement concerning ethics, conflicts of in-
terest, potential conflicts of interest, or the proper discharge of of-
ficial duties;
d. with respect,

to employees of any employer as defined in section
twenty-seven-a of this chapter who are not subject to section seventy-
three seventy-four of the public officers law, is in knowing viola-
tion of article eighteen of the general municipal i aw or any local law,
administrative code provision, charter provision or rule or directive of
the mayor or any agency head of a city having a population of

million or more, where such law, code provision, charter provision, rule or directive concerns ethics, conflicts of interest, potential conflicts of interest, or the proper discharge of official duties and otherwise covers such employees; and

e. with respect to employees other than those of any employer as
defined in section twenty-seven-a of this chapter, violates a collective
bargaining agreement or a certified or licensed professional's contrac-
tual obligation to devote his or her entire compensated working hours to
& single employer, provided however that the provisions of this para-
graph shall apply only to professionals whose compensation is at least
fifty thousand dollars for the year nineteen hundred ninety-two and in
subsequent years is an equivalent amount ad justed by the same percentage
as the annual increase or decrease in the consumer price index.

4. Notwithstanding the provisions of subdivision three of this sec-
tion, an employer shall not be in violation of this section where the
employer takes action based

the belief either that: (i) the
employer's actions were required by statute, regulation, ordinance
other governmental mandate, (ii) the employer's actions were permissible
pursuant to an established substance abuse or alcohol program or policy,
professional contract or collective bargaining agreement, or (iii) the
individual's actions were deemed by an employer or previous employer to
be illegal or to constitute habitually poor performance, incompetency or
misconduct.

5. Nothing in this section shall apply to persons who, on an individ-
ual basis, have a professional service contract with an employer and the
unique nature of the services provided is such that the employer shall
be permitted, as part of such professional service contract, to limit
the off-duty' activities which may be engaged in by such individual.

6. Nothing in this section shall prohibit an organization or employer
from offering, imposing or having in effect a health, disability or life
insurance

policy that makes distinctions between employees for the type
of coverage or the price of coverage based upon the employees' recre-
ational activities

of consumable products, provided that differential premium rates charged employees reflect a differential cost to the employer and that employer's provide, employees with a statement delineating the differential rates used by the carriers providing insurance for the employer, and provided further that such distinctions in type or price of coverage shall not be utilized to expand, limit or curtail the rights or liabilities of any party with regard to a civil cause of action.

Where a violation of this section is alleged to have occurred,
the attorney general may apply in the name of the people of the state of
New York for an order enjoining or restraining, the commission or contin-
uance of the alleged unlawful acts; In any such proceeding, the court
may impose civil penalty in the amount of three hundred dollars for
the first

violation and five hundred dollars for each subsequent
violation.
b.

In addition to any other penalties or actions otherwise applicable
pursuant to this chapter, where a violation of this section
to have occurred,

is alleged
aggrieved individual may commence an action for
equitable relief and damages.

§ 2. This act shall take effect immediately.
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 777

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AN ACT to amend a chapter of the laws of 1992 amending the labor law

relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number s. 6935-C, in relation to the effective date thereof

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Became law August 7, 1992, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Section 2 of a chapter of the laws of 1992 amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number S. 6935-C, is amended to read as follows:

§ 2. This act shall take effect (immediately] January 1, 1993. Š 2. This act shall take effect immediately.

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CHAPTER 778

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AN ACT to amend the labor law, in relation to exceptions to the prohibi

tion of discrimination against engaging in certain legal activities during non-working hours by state agency employees in violation of executive orders, policies, directives or certain other rules

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Became law August 7, 1992, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

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

Section 1. Paragraph b of subdivision 3 of section 201-d of the labor law, as added by a chapter of the laws of 1992, amending the labor law relating to prohibiting, discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number s. 6935-C, is amended to read as follows:

b. with respect to employees of a state agency as defined in sections seventy-three and seventy-four of the public officers law respectively, is in knowing violation of subdivision two, three, four, five, seven: eight or twelve of section seventy-three or of section seventy-four of the public officers law, or of any executive order, policy, directive, or other rulę which has been issued by the attorney general regulating outside employment or activities that could conflict with employees performance of their official duties;

§ 2. Subdivision 4 of section 201-d of the labor law, as added by a chapter of the laws of 1992, amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours, as proposed in legislative bill number s. 6935-C, is amended to read as follows:

4. Notwithstanding, the provisions of subdivision three of this sec. tion, an employer shall not be in violation of this section where the employer takes action based on the belief either that: (i) the employer's actions were required by statute, other governmental mandate, (ii) the employer's actions were permissible

regulation, ordinance or pursuant to an established substance abuse or alcohol program place policy, professional contract or collective bargaining agreement,

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or (iii) the individual's actions were deemed by an employer or previous employer to be illegal or to constitute habitually poor performance, incompetency, or misconduct.

§ 3. This act shall take effect on the same date as a chapter of the laws of 1992, amending the labor law relating to prohibiting discrimination against the engagement in legal activities during non-working hours as proposed in legislative bill number s. 6935-C, takes effect.

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CHAPTER 779

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AN ACT to amend the public authorities law, in relation to authorizing

the dormitory authority to finance the construction and renovation of
certain facilities for The Leake and Watts Children's Home (Incorpo-
rated), Yonkers, New York
Became a law August 7, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Paragraph (b) of subdivision 2 of section 1676 of the public authorities law is amended by adding a new undesignated subparagraph to read as follows:

The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation or otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems,

supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple use including staff training and development and an employee integrated day care program with classes of preschool special education.

§ 2. Subdivision 1 of section 1680 of the public authorities law is amended by adding a new undesignated paragraph to read as follows:

The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation

otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems, more

supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide new electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple use

including staff training and development and an employee integrated day care program with classes of preschool special education. Notwithstanding any other, provision of law, The Leake and Watts Children's Home (Incorporated) shall have full power and authority to assign and pledge to the authority any and all' public funds to be apportioned or otherwise nade payable by the state, a political subdivision, as defined in section one hundred of the general municipal law, or any social services district in the state in an amount sufficient to make all payments required to be made by The Leake and Watts Children's Home (Incorporated) pursuant to any lease, sublease or other agreement entered into 'between 'The Leake and Watt's Children's Home (Incorporated) and the authority. All state and local officers are hereby authorized and required to pay all such funds so assigned and pledged to the authority or upon the direction of the authority, to any trustee of any authority bond or note issued

pursuant to a certificate filed with any such state or local officer by the authority pursuant to the provisions of this section. No agreement EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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lease by The Leake and Watts Children's Home (Incorporated) shall be effective unless and until it is approved by or on behalf of the comaissioners of the various state agencies that have jurisdiction over the project.

§ 3. Any contracts for design, construction, services and materials entered into by the dormitory authority pursuant to this act shall be deemed state contracts within the meaning of that term as set forth in article 15-A of the executive law, and the authority shall be deemed, for the purposes of this act, a contracting agency as that term is used in article 15-A of the executive law.

§ 4. This act shall take effect immediately.

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AN ACT to amend the public authorities law, in relation to The Leake and

Watts Children's Home (Incorporated), Yonkers, New York
Became law August 7, 1992, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 of the
Constitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. The undesignated subparagraph of paragraph (b) of subdivision 2 of section 1676 of the public authorities

law,

added by a chapter of the laws of 1992 amending the public authorities law relating to authorizing the dormitory authority to finance the construction and renovation of certain facilities for The Leake and Watts Children's Home (Incorporated), Yonkers, New York, as proposed in legislative bill bers s. 7137-A-A. 9706-), is amended to read as follows:

The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation

otherwise for (1) a new school building for the junior high and high school vocational programs including a field house; (2) a new children's cottage and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems,

more supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple

multiple use [including staff training and development and an employee integrated day care program with classes of preschool special education].

§ 2. The undesignated paragraph of subdivision 1 of section 1680 of the public authorities law, as added by a chapter of the laws of 1992 amending the public authorities law relating to authorizing the dormitory authority to finance the construction and

renovation of certain facilities for The Leake and Watts Children's Home (Incorporated), Yonkers, New York, as proposed in legislative bili numbers

S. 1137-AA. 9206-A, is amended to read as follows:

The Leake and Watts Children's Home (Incorporated), Yonkers, New York for the financing, construction, reconstruction, improvement, renovation

otherwise for (1) a new school building for’the junior high and high school vocational programs including a field house; 12) a new children's cottage

and renovation and reconstruction of eight existing children's cottages to provide more efficient heating and cooling systems, secure supervision and to increase the number of beds; (3) renovation and reconstruction of the main building to provide electrical and plumbing systems and internal rehabilitation; and (4) renovation and reconstruction of the old school building for multiple

use (including staff training and development and an employee integrated day care program with classes of preschool special education]; şubject to the ap; proval of the commissioners of education, social services and mental retardation and developmental disabilities, and subject further to the approval of the director of the budget including as to project need and project cost. Notwithstanding any other provision of law, The Leake and Watts Children's Home (Incorporated) shall have full power and authority

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