senate Bill S672

Requires employers of motor carriers to provide overtime pay to their employees

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO LABOR
  • 04 / Jan / 2012
    • REFERRED TO LABOR
  • 08 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Requires employers of motor carriers to provide overtime pay to their employees.

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Bill Details

Versions:
S672
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Add ยง160-a, Lab L
Versions Introduced in 2009-2010 Legislative Cycle:
S3397A

Sponsor Memo

BILL NUMBER:S672

TITLE OF BILL:
An act
to amend the labor law, in relation to overtime pay for employees of
motor carriers

PURPOSE:
This bill will allow motor car drivers doing business in New York
state to collect an overtime rate of one and one-half times the
worker's hourly wage for every hour worked in excess of forty hours
per week.

SUMMARY OF PROVISIONS:
The bill would add a new provision 160-a to the Labor Law to require
motor carriers to pay their employees one and a half times their
regular hourly wage for hours worked beyond 40 hours in any week.

EXISTING LAW:
The federal Fair Labor Standards Act 29 USC sec. 213(b)(1) exempts
motor carriers from the requirement to pay workers one and a half-time
their hourly rate when they work more than 40 hours a week.

JUSTIFICATION:
Motor carriers include armored car companies and other private or
contract carriers that haul property or passengers on public highways
in interstate or foreign commerce. Employees of such carriers often
work long and difficult hours under stressful conditions. Armored car
personnel, for example, frequently work fifty to sixty hours per week
transporting thousands of dollars throughout New York state and
nearby states while under constant surveillance and often confined to
their vehicles. Motor carrier employees work under conditions that
are regularly challenging and dangerous. Currently there are several
amored car companies that voluntarily pay overtime after forty
hours in New York. Some pay after fifty hours. This legislation would
entitle all such workers to overtime pay.

PRIOR LEGISLATIVE HISTORY:
2010: Referred to Labor (Onorato)
2008: Similar bill S.7146/A.9992 Referred to Labor.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   672

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to overtime pay for employees
  of motor carriers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The labor law is amended by adding a new section 160-a to
read as follows:
  S 160-A. HOURS OF LABOR OF EMPLOYEES OF MOTOR  CARRIERS.  EVERY  MOTOR
CARRIER SHALL PAY TO ALL EMPLOYEES FOR WHOM THE U.S. SECRETARY OF TRANS-
PORTATION  MAY PRESCRIBE MAXIMUM HOURS OF WORK FOR THE SAFE OPERATION OF
VEHICLES, PURSUANT TO SECTION 31502(B) OF THE FEDERAL MOTOR CARRIER ACT,
49 U.S.C. S.31502(B), AN OVERTIME RATE NOT LESS THAN  ONE  AND  ONE-HALF
TIMES  THE  WORKER'S HOURLY WAGE, FOR EACH HOUR IN EXCESS OF FORTY HOURS
WORKED IN ANY WEEK, NOTWITHSTANDING  THE  EXEMPTION  OF  SUCH  EMPLOYEES
PURSUANT TO THE FEDERAL FAIR LABOR STANDARDS ACT 29 U.S.C. 213(B)(1).
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02859-01-1

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