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N.Y. Lab. Law § 785

Right to request

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2024
As of January 1, 2023
* § 785. Right to request. 1. A current employee has the right to\nrequest a written description of each quota to which the employee is\nsubject, a copy of the employee's own personal work speed data, and a\ncopy of the prior six months of aggregated work speed data for similar\nemployees at the same establishment.\n 2. A former employee has the right to request, within three years\nsubsequent to the date of his or her separation from the employer, a\nwritten description of the quota to which they were subject as of the\ndate of their separation, a copy of the employee's own personal work\nspeed data for the six months prior to their date of separation, and a\ncopy of aggregated work speed data for similar employees at the same\nestablishment for the six months prior to their date of separation.\n 3. Such requested records pursuant to this section shall be provided\nat no cost to the current or former employee.\n 4. The employer shall provide such requested records pursuant to this\nsection as soon as practicable, provided that requested written\ndescriptions of the quota shall be provided no later than two business\ndays following the date of the receipt of the request and requested\npersonal work speed data and aggregated work speed data shall be\nprovided no later than seven business days following the date of the\nreceipt of the request.\n 5. Nothing in this section shall require an employer to use quotas as\ndefined in this article or monitor work speed data. An employer that\ndoes not monitor this data has no obligation to provide it.\n * NB Effective February 19, 2023\n
§ 785. Right to request. 1. A current employee has the right to\nrequest a written description of each quota to which the employee is\nsubject. If a current or former employee believes that they have been\ndisciplined as the result of failing to meet a quota, or that meeting a\nquota caused a violation of their right to a meal or rest period or use\nof bathroom facilities, including reasonable travel time to and from\nbathroom facilities, they have the right to request, and the employer\nshall provide, a written description of each quota to which the employee\nis subject, a copy of the most recent ninety days of the employee's own\npersonal work speed data, and a copy of the aggregate work speed data\nfor similar employees at the same establishment for the same time\nperiod.\n 2. Such requested records pursuant to this section shall be provided\nat no cost to the current or former employee. A former employee is\nlimited to one request pursuant to this section.\n 3. An employer that receives a written or oral request for information\npursuant to this section shall comply with the request as soon as\npracticable, but no later than fourteen calendar days from the date of\nthe request.\n 4. Nothing in this section shall require an employer to use quotas as\ndefined in this article or monitor work speed data. An employer that\ndoes not monitor this data has no obligation to provide it.\n 5. The employer must provide the requested written description of any\nquota and personal work speed data pursuant to this section in English\nand in the language identified by each employee as the primary language\nof such employee.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.