NY State Senate Bill 2023-S2479

Senate Bill S2479

2023-2024 Legislative Session

Relates to providing more predictable and stable schedules for employees in low-wage occupations

download bill text pdf

Current Bill Status - In Senate Committee Labor 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to labor
Jan 20, 2023	referred to labor

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2023-S2479 (ACTIVE) - Details

See Assembly Version of this Bill:: A1434
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §652, Lab L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7940, A10191
2015-2016: S52, A261
2017-2018: S71, A1518
2019-2020: S476, A312
2021-2022: S3978, A461

2023-S2479 (ACTIVE) - Summary

Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.

2023-S2479 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2479

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the labor law, in relation to providing more predictable
and stable schedules for employees in low-wage occupations

 
PURPOSE:

To provide employees in low-wage occupations with predictable and stable
schedules that support workplace flexibility.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I of the bill amends Section 652 of the Labor Law by adding a
new subdivision (7) which provides that an employer shall pay an employ-
ee for at least 4 hours at the basic minimum hourly wage for each day an
employee reports for work as instructed but is given less than four
hours of work. New subsection (7) also provides that an employer shall
pay an employee for at least 4 hours at the basic minimum hourly wage
for each day an employee is instructed to contact their employer, or

wait to be contacted by their employer, less than 24 hours in advance of
the start of a potential work shift to determine whether the employee
must report to work for such shift.

Section II provides a modification of part 142-2.3 of title 12 of the
New York State codes, rules and regulation pursuant to subdivision (7)
of such section that shall become effective sixty days after enactment
into law.

Section III provides protections in the event any provision of this
application thereof to any person, employer, occupation or circumstance
is held invalid.

Section IV sets forth the effective date.

 
JUSTIFICATION:

With the recent reports of low-income employees struggling to maintain a
living wage as they balance their work and personal lives, now more than
ever is the time to implement policies that support workplace stability
and flexibility. Low-income employees, specifically those in the retail
industry, have continually faced challenges in the workplace that end up
taking a toll on their personal lives.

A report released by the Retail Action Project explores the impact
unpredictable work schedules have on workers' lives. Some workers have
described their frustrations of reporting to work as instructed and then
being sent home early, and not receiving any pay for the time they
initially made available. Others describe situations in which their jobs
are compromised because of unpredictable scheduling practices by employ-
ers that interfere with school schedules, child care availability, or
even a second job.

Regardless of the situation, employees deserve protections that will
allow them to maintain balance. This legislation would provide the
necessary changes low-income employees need to build sustainable
careers.
 
LEGISLATIVE HISTORY:

S.3978 of 2021-2022 (Hoylman): Died in Labor

A.0461 of 2021-2022 (Rozic): Died in Labor

S.0476 of 2019-2020 (Hoylman): Died in Labor

A.0312 of 2019-2020 (Rozic): Died in Labor

S.0071 of 2017-2018 (Hoylman): Died in Labor

A.1518 of 2017-2018 (Rozic): Died in Labor

S.0052-A of 2015-2016 (Hoylman): Died in Labor

A.0261-A of 2015-2016 (Rozic): Died in Labor

S.7940 of 2014 (Hoylman): Died in Rules

A.10191 of 2014 (Rozic): Died in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred and twentieth day after it
shall have become law.

2023-S2479 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2479
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  ADDABBO, BAILEY, COMRIE, KENNEDY,
   MAYER, PARKER, PERSAUD, RAMOS, SEPULVEDA, SERRANO --  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 providing more predictable
   and stable schedules for employees in low-wage occupations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  652 of the labor law is amended by  adding a new
 subdivision 7 to read as follows:
   7. AN EMPLOYER WHO OPERATES THIRTY OR MORE  ESTABLISHMENTS  NATIONWIDE
 SHALL PAY AN EMPLOYEE:
   (A)  FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR EACH
 DAY ON WHICH THE EMPLOYEE REPORTS FOR WORK UNDER  SPECIFIC  INSTRUCTIONS
 BUT IS GIVEN LESS THAN FOUR HOURS OF WORK, EXCEPT THAT IF THE EMPLOYEE'S
 REGULARLY  SCHEDULED  SHIFT IS LESS THAN FOUR HOURS, SUCH EMPLOYEE SHALL
 BE PAID FOR THE EMPLOYEE'S REGULARLY SCHEDULED HOURS  FOR  THAT  DAY  IF
 GIVEN LESS THAN THE REGULARLY SCHEDULED HOURS OF WORK; AND
   (B)  FOR AT LEAST FOUR HOURS AT THE BASIC MINIMUM HOURLY WAGE FOR EACH
 DAY THE EMPLOYEE IS GIVEN SPECIFIC INSTRUCTIONS TO CONTACT  THE  EMPLOY-
 EE'S  EMPLOYER, OR WAIT TO BE CONTACTED BY THE EMPLOYER, LESS THAN TWEN-
 TY-FOUR HOURS IN ADVANCE OF THE START OF THE  POTENTIAL  WORK  SHIFT  TO
 DETERMINE WHETHER THE EMPLOYEE MUST REPORT TO WORK FOR SUCH SHIFT.
   (C)  NOTHING  IN  THIS  SUBDIVISION SHALL APPLY TO ANY EMPLOYER WHO IS
 SUBJECT TO A HOSPITALITY INDUSTRY WAGE ORDER PROMULGATED BY THE  DEPART-
 MENT,  UNLESS  THE  EMPLOYER  IS  ALSO SUBJECT TO A FAST FOOD WAGE ORDER
 PROMULGATED BY THE DEPARTMENT, AS SUCH TERMS ARE  DEFINED  BY  18  NYCRR
 PART 146.
   §  2. Notwithstanding subdivision 7 of section 652 of the labor law, a
 modification of part 142-2.3 of title 12 of the New  York  state  codes,
 rules  and  regulations  based on subdivision 7 of such section shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00540-01-3

 S. 2479                             2
 
 made by wage order promulgated by the commissioner of  labor  without  a
 public  hearing, and without reference to a wage board, and shall become
 effective sixty days after the effective date of such subdivision.
   §  3.  If any provision of article 19 of the labor law or the applica-
 tion thereof to any person, employer, occupation or circumstance is held
 invalid, the remainder of  the  article  and  the  application  of  such
 provision  to  other  persons,  employees, occupations, or circumstances
 shall not be affected thereby.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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