New York 2025-2026 Regular Session

New York Assembly Bill A03838

Introduced
1/30/25  
Refer
1/30/25  
Report Pass
5/28/25  

Caption

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

Impact

The passage of A03838 would significantly alter the process by which municipal employees can contest benefits-related decisions. Currently, employees may have limited recourse when it comes to disputing a municipality's determinations under Section 207-c. The introduction of a mandated evidentiary hearing would ensure that employees have a fair opportunity to challenge these decisions, potentially leading to a higher rate of successful appeals. This change aims to enhance job protections and due process for municipal employees, reflecting a broader trend towards safeguarding workers' rights.

Summary

Bill A03838 proposes amendments to the General Municipal Law, specifically addressing the procedures related to the receipt or discontinuation of certain employee benefits under Section 207-c. The bill mandates that any determinations made by municipalities regarding an employee's eligibility for or discontinuation of benefits must be subject to a de novo evidentiary hearing. Such hearings would allow affected employees to present evidence and arguments relevant to their cases, with the decision being made independently by a hearing officer, rather than being limited to a review of the municipality's previous decision.

Contention

Debate around this bill may arise from differing opinions about the implications of introducing evidentiary hearings into the municipal benefits discontinuation process. Proponents argue that it is a necessary safeguard to protect employees and ensure transparency in benefit decisions, while opponents may raise concerns regarding potential administrative burdens on municipal entities and the implications for how benefits are managed. There may be fears that the additional procedural requirements could complicate and slow down decision-making processes for municipalities.

Notable_points

A unique feature of the bill is its stipulation that parties may negotiate additional or alternative procedures through collective bargaining, provided they still afford the employee an adequate opportunity to be heard. This negotiation aspect may create room for unions and municipalities to find mutually agreeable solutions, allowing for flexibility in how the evidentiary hearings are conducted. The legislation reflects a growing recognition of the importance of employee rights and fair treatment within municipal systems.

Companion Bills

NY S05026

Same As Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

Previously Filed As

NY S05026

Requires that all procedures and other matters related to the receipt or discontinuation of benefits available under section two hundred seven-c of the general municipal law shall be subject, upon request of the affected employee, to a de novo evidentiary hearing.

NY S08746

Provides that receipts from other services and other business receipts, taxpayers, and combined groups including members, engaged in providing professional employer organization services shall include with such receipts amounts received with respect to wages, benefits, and other employee expenses disbursed to or for the benefit of a client's worksite employees and the related employment taxes if the amounts received are included in the calculation of the business income base or the combined business income base, respectively.

NY S07754

Provides that applicants for or recipients of SNAP benefits shall not be subjected to finger imaging as a requirement of the supplemental nutrition assistance program.

NY S07597

Enacts the "protection against unfair section 8 evictions (P.A.U.S.E.) act"; provides that in any case of public assistance where the municipality or section 8 refuses to pay the required portion of rent under any state, local or federal subsidy program due to building code violations or violations of the warranty of habitability pursuant to section two hundred thirty-five-b of the real property law, the tenant or lawful occupant of a dwelling shall not be required to pay their share under any state, local or federal subsidy program and shall not be subject to eviction summary proceedings for non-payment of rent or supplemental rent.

NY A09092

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY S08504

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY S09762

Provides that every person who, under color of any statute, ordinance, regulation, custom, or usage, of the United States, subjects or causes to be subjected any citizen of New York or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the federal or state constitution shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding.

NY A07781

Removes the exclusion of part-time employees from certain definitions relating to employment and expanding the definition of employer; removes certain exclusions for employer notice requirements for the closing of a facility; removes the discretionary reduction of penalties for employers for certain acts or omissions concerning notice requirements for mass layoffs, relocations or employment loss; removes the maximum time period for determining back pay and other liabilities for certain employees who experience employment loss; allows the attorney general to take certain action to assist certain employees in receiving back pay and other liabilities; requires employers to pay severance to employees when there is a plant closing, relocation, or mass layoff.

NY A08023

Requires the department of civil service to allow municipalities to post municipal employment positions on the department of civil service's state jobs website; requires such municipal employment opportunities to be posted in a format searchable by municipality and employment position type.

NY S07237

Requires the department of civil service to allow municipalities to post municipal employment positions on the department of civil service's state jobs website; requires such municipal employment opportunities to be posted in a format searchable by municipality and employment position type.

Similar Bills

No similar bills found.