Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 19, 2014 |
referred to labor delivered to assembly passed senate |
Mar 03, 2014 |
amended on third reading (t) 5792b |
Feb 03, 2014 |
advanced to third reading |
Jan 28, 2014 |
2nd report cal. |
Jan 27, 2014 |
1st report cal.57 |
Jan 08, 2014 |
referred to labor |
Jun 18, 2013 |
print number 5792a |
Jun 18, 2013 |
amend (t) and recommit to labor |
Jun 14, 2013 |
referred to labor |
Senate Bill S5792B
2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5792 - Details
- See Assembly Version of this Bill:
- A8016
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §196-e, Lab L
2013-S5792 - Sponsor Memo
BILL NUMBER:S5792 REVISED 6/17/13 TITLE OF BILL: An act to amend the labor law, in relation to the number of hours employees may work in certain retail and service establishments SUMMARY OF SPECIFIC PROVISIONS: This would add a new section 196-e to the Labor Law and codify federal labor law. JUSTIFICATION: Under the Federal Labor Standards Act (ELSA), employees covered by the Act must receive overtime pay for hours worked in excess of 4D hours in a workweek at a rate of at least 1.5x their regular rate of pay. Their "regular rate of pay" includes commissions. Under ELSA Section 7{i), there is an exemption for calculating overtime for workers who receive a "commission" gratuity (an automatic gratuity) when certain conditions apply. That exemption applies when the employee is employed by a retail or service establishment; the employee's regular rate of pay exceeds 1.5x the applicable minimum wage for every hour worked in a workweek in which overtime was paid; and more than half the employee's total earnings in a representative period consist of commissions. If the exemption applies, the employees are still compensated at the overtime rate for the hourly part of their pay, but the calculation of the commission gratuity part of their pay is exempted and remains the same.
2013-S5792 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5792 2013-2014 Regular Sessions I N S E N A T E June 14, 2013 ___________ Introduced by Sen. SAVINO -- 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 the number of hours employees may work in certain retail and service establishments 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 196-e to read as follows: S 196-E. WORKWEEK HOURS IN CERTAIN RETAIL OR SERVICE ESTABLISHMENTS. NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGU- LATION OR ORDER BY EMPLOYING ANY EMPLOYEE OF A RETAIL OR SERVICE ESTAB- LISHMENT FOR A WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF: (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF ONE AND ONE-HALF TIMES THE MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMMISSIONS ON GOODS OR SERVICES. IN DETERMINING THE PROPORTION OF COMPENSATION REPRESENTING COMMISSIONS, ALL EARNINGS RESULTING FROM THE APPLICATION OF A BONA FIDE COMMISSION RATE SHALL BE DEEMED COMMISSIONS ON GOODS OR SERVICES WITHOUT REGARD TO WHETHER THE COMPUTED COMMISSIONS EXCEED THE DRAW OR GUARANTEE. S 2. This act shall take effect immediately, provided, however, that this act shall be deemed to have been in full force and effect with respect to any employers who paid overtime pursuant to a collective bargaining agreement in existence prior to the date on which this act shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11508-02-3
2013-S5792A - Details
- See Assembly Version of this Bill:
- A8016
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §196-e, Lab L
2013-S5792A - Sponsor Memo
BILL NUMBER:S5792A TITLE OF BILL: An act to amend the labor law, in relation to the number of hours employees may work in certain hospitality establishments SUMMARY OF SPECIFIC PROVISIONS: This would add a new section 196-e to the Labor Law and codify federal labor law. JUSTIFICATION: Under the Federal Labor Standards Act (ELSA), employees covered by the Act must receive overtime pay for hours worked in excess of 40 hours in a workweek at a rate of at least 1.5x their regular rate of pay. Their "regular rate of Pay" includes commissions. Under FLSA Section 7(i), there is an exemption for calculating overtime for workers who receive a "commission" gratuity (an automatic gratuity) when certain conditions apply. That exemption applies when the employee is employed by a retail or service establishment; the employee's regular rate of pay exceeds 1.5x the applicable minimum wage for every hour worked in a workweek in which overtime was paid; and more than half the employee's total earnings in a representative period consist of commissions. If the exemption applies, the employees
2013-S5792A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5792--A 2013-2014 Regular Sessions I N S E N A T E June 14, 2013 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law, in relation to the number of hours employees may work in certain hospitality establishments 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 196-e to read as follows: S 196-E. WORKWEEK HOURS IN CERTAIN HOSPITALITY ESTABLISHMENTS. NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGULATION OR ORDER BY EMPLOYING ANY EMPLOYEE OF A HOSPITALITY ESTABLISHMENT FOR A WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF: (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF ONE AND ONE-HALF TIMES THE MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMMISSIONS ON GOODS OR SERVICES. IN DETERMINING THE PROPORTION OF COMPENSATION REPRESENTING COMMISSIONS, ALL EARNINGS RESULTING FROM THE APPLICATION OF A BONA FIDE COMMISSION RATE SHALL BE DEEMED COMMISSIONS ON GOODS OR SERVICES WITHOUT REGARD TO WHETHER THE COMPUTED COMMISSIONS EXCEED THE DRAW OR GUARANTEE. S 2. This act shall take effect immediately, provided, however, that this act shall be deemed to have been in full force and effect with respect to any employer who paid overtime prior to the effective date of this act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11508-05-3
co-Sponsors
(R, C) 7th Senate District
2013-S5792B (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8016
- Current Committee:
- Assembly Labor
- Law Section:
- Labor Law
- Laws Affected:
- Add §196-e, Lab L
2013-S5792B (ACTIVE) - Sponsor Memo
BILL NUMBER:S5792B TITLE OF BILL: An act to amend the labor law, in relation to the number of hours employees may work in the hospitality industry PURPOSE OR GENERAL IDEA OF BILL: To provide clarification regarding overtime exemptions for certain hospitality industry employees who receive compensation based on service charges, mandatory gratuities or similar charges. SUMMARY OF SPECIFIC PROVISIONS: This would add a new section 196-e to the Labor Law. JUSTIFICATION: This legislation would incorporate into state law an exemption to overtime compensation requirements for certain hospitality industry (hotel and restaurant) workers. Under the Federal Fair Labor Standards Act (FLSA), employees must receive overtime pay for hours worked in excess of 40 hours in a work week at a rate of at least 1.5 times their regular rate of pay, and this provision is incorporated in New York State Labor regulations (12 NYCRR 146-1.4). However, the FLSA provides an exemption from the obligation to pay overtime to workers if: (i) they are employed by a retail or service establishment; and
2013-S5792B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5792--B Cal. No. 57 2013-2014 Regular Sessions I N S E N A T E June 14, 2013 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Labor in accord- ance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the labor law, in relation to the number of hours employees may work in the hospitality industry 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 196-e to read as follows: S 196-E. WORKWEEK HOURS IN THE HOSPITALITY INDUSTRY. NO EMPLOYER SHALL BE DEEMED TO HAVE VIOLATED ANY STATUTE, RULE, REGULATION OR ORDER BY EMPLOYING ANY EMPLOYEE IN THE HOSPITALITY INDUSTRY FOR A WORKWEEK IN EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF: (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF TWICE THE STATUTORY MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND (B) MORE THAN HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS COMPENSATION FROM SERVICE CHARGES, MANDATORY GRATUITY ON GOODS OR SERVICES. S 2. This act shall take effect immediately, provided, however, that this act shall be deemed to have been in full force and effect with respect to any employee in the hospitality industry who received compen- sation consistent with section 196-e of the labor law, as added by section one of this act, prior to the effective date of this act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11508-07-4
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