Legislative Memo

Essential Workers’ Bill of Rights (S.8308/A.10437)

May 22nd, 2020

May 22, 2020

RE: An act to amend the labor law, in relation to establishing an essential workers’ bill of rights

S.8308 (Liu) / A.10437 (Rozic)

MEMORANDUM IN OPPOSITION

Unshackle Upstate, a non-partisan, pro-taxpayer, pro-economic growth, education and advocacy coalition made up of business and trade organizations from all parts of Upstate New York opposes this legislation. This proposal would establish a so called “essential workers’ bill of rights”, imposing various mandates, reporting requirements and other obligations on employers during a declared state of emergency.

This proposal would impose contradictory guidance to employers who are following the guidelines established under the New York Forward Reopening plans. During this reopening process businesses need clear direction to follow. This proposal would establish inconsistent or contradictory guidance for businesses, putting the health and safety of employees and customers at risk and exposing employers to frivolous lawsuits.

Additionally, this proposal would require employers to provide certain essential employees with hazard pay and cover the cost of childcare and healthcare. This would add significant costs to employers and would severely impede businesses ability to reopen. Due to state-imposed restrictions thousands of New York businesses have been without income for months. Requiring businesses to shoulder these additional costs would make it far too expensive for many businesses to reopen and bring their employees back to work.

These anti-business proposals will accomplish nothing but slowing New York’s economic recovery. With more than 1.8 million New Yorkers currently unemployed and thousands of businesses at risk of permanent closure New York cannot afford to impose needless obstacles to growth.

If enacted, this proposal would hurt jobs, put more businesses in jeopardy and make this economic crisis worse. For these reasons, Unshackle Upstate strongly encourages legislators to reject this proposal.

Contact:

Michael Kracker, Executive Director

716.541.1755

Michael.Kracker@unshackleupstate.com