senate Bill S3597

Relates to work hours for lifeguards

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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

  • 07 / Feb / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 03 / Mar / 2014
    • 1ST REPORT CAL.219
  • 04 / Mar / 2014
    • 2ND REPORT CAL.
  • 05 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Provides that students may be employed for up to five hours on any day preceding a school day as a qualified lifeguard or aquatic supervisory staff, provided that the employer receives and maintains both the written consent of the minor's parent or guardian and a certificate which shall be provided to the employer at the end of each marking period by the minor's school which shall assert that such minor is in satisfactory academic standing.

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Bill Details

See Assembly Version of this Bill:
A5224
Versions:
S3597
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Labor Law
Laws Affected:
Amd ยง143, Lab L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S7162, A367
2009-2010: A2541, S494, A2541
2007-2008: A9228, A9228

Votes

12
1
12
Aye
1
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Labor committee vote details

Sponsor Memo

BILL NUMBER:S3597

TITLE OF BILL: An act to amend the labor law, in relation to work hours
for lifeguards

PURPOSE OR GENERAL IDEA OF BILL: This legislation would allow certified
lifeguards age 16-17 years old, to work for up to five hours on any day
preceding a school day other than a Sunday or holiday with certain
exceptions.

SUMMARY OF SPECIFIC PROVISIONS: Amends paragraph a of subdivision 1 of
section 143 of the labor law, as amended by chapter 546 of the laws of
1992.

JUSTIFICATION: Currently, minors sixteen and seventeen years of age may
not be employed for more than four hours on any day preceding a school
day other than on a Sunday or holiday while school is in session. Though
this law aims to protect minors and encourage them to remain in school,
certain situations warrant an exemption. Under this legislation, an
employer who receives and maintains both the written consent of the
minor's parent or guardian and a certificate provided by the school that
states the student is in satisfactory academic standing, along with the
student's certified lifeguard documentation, he or she may employ that
student in a lifeguard position for up to five hours. For the most part,
establishments such as hotels or private facilities who employ life-
guards, have shifts longer than four hours. Students, who have worked
hard and demonstrated that they are responsible individuals by meeting
the qualifications and testing to become a certified lifeguard, often
miss out on these jobs because they are not allowed to work the full
shift. In addition, many seniors in high school do not have a full day
of school. In some cases seniors are out of school by noon and have an
entire afternoon where they could be gainfully employed as opposed to
hanging around the malls or at home. Giving responsible teenagers the
opportunity to work these lifeguard shifts allows them to earn money for
their future and, hopefully, for college. It also keeps them busy carry-
ing out a responsible and meaningful job.

PRIOR LEGISLATIVE HISTORY: 2012: S.7162 - Referred to Labor/A.367 -
Passed Assembly 2010: S.494 - Referred to Labor/A.2541- Passed Assembly
2009: S.494 - Referred to Labor/A.2541- Died in Rules 2008: S.6245 - 3rd
Reading Calendar/A.9228 - Passed Assembly 2007: S.6245 - Referred to
Rules/A.9228- Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  3597

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 7, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 work hours for lifeguards

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

  Section  1.  Paragraph  a of subdivision 1 of section 143 of the labor
law, as amended by chapter 546 of the laws of 1992, is amended  to  read
as follows:
  a.  (i)  More than four hours on any day preceding a school day, other
than on a Sunday or holiday; (ii) except that  students  enrolled  in  a
cooperative work experience program approved by the department of educa-
tion  may  be employed for no more than six hours on any day preceding a
school day, other than on a Sunday or holiday, if such hours of  employ-
ment occur solely pursuant to such program. Any hours worked by students
in  such programs shall be included when calculating the number of hours
worked for purposes of subparagraph (i) of  this  paragraph;  AND  (III)
EXCEPT  THAT  STUDENTS  MAY  BE EMPLOYED FOR UP TO FIVE HOURS ON ANY DAY
PRECEDING A SCHOOL DAY AS A QUALIFIED LIFEGUARD OR  AQUATIC  SUPERVISORY
STAFF  AS  DEFINED BY PART SIX OF TITLE TEN OF THE NEW YORK STATE CODES,
RULES AND REGULATIONS, PROVIDED THE EMPLOYER RECEIVES AND MAINTAINS BOTH
THE WRITTEN CONSENT OF THE MINOR'S PARENT OR GUARDIAN AND A  CERTIFICATE
WHICH SHALL BE PROVIDED TO THE EMPLOYER AT THE END OF EACH MARKING PERI-
OD BY THE MINOR'S SCHOOL WHICH SHALL ASSERT THAT SUCH MINOR IS IN SATIS-
FACTORY  ACADEMIC  STANDING  ACCORDING  TO  THE STANDARDS IN SUCH SCHOOL
DISTRICT; WHERE SUCH STUDENT MAINTAINS A PASSING GRADE AS DETERMINED  BY
THE  EDUCATIONAL  INSTITUTION WHERE THE STUDENT IS ENROLLED, HAS WRITTEN
PERMISSION FROM A PARENT OR LEGAL GUARDIAN AND WHERE SUCH STUDENT  MEETS
ANY  OTHER  EDUCATIONAL  STANDARDS OR REQUIREMENT SET BY THE EMPLOYER OR
HIRING AGENCY;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05593-01-3

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