S T A T E O F N E W Y O R K
________________________________________________________________________
396
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to rights of certain workers
to receive overtime pay
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Overtime
protection act".
S 2. The legislature finds that federal regulations that took effect
on August 23, 2004, make it easier for employers to classify their
employees as exempt from the right to earn overtime pay. Many workers in
a wide variety of jobs may lose their right to overtime pay as a result
of these regulations. The portions of the new regulations that deny
overtime rights are detrimental to workers in New York state and must be
preserved.
S 3. The labor law is amended by adding a new section 160-a to read as
follows:
S 160-A. OVERTIME PROTECTION ACT. 1. THE REGULATIONS PROMULGATED BY
THE UNITED STATES DEPARTMENT OF LABOR (29 CFR PART 541), WHICH BECAME
EFFECTIVE ON AUGUST TWENTY-THIRD, TWO THOUSAND FOUR, AND WHICH REVISED
REGULATIONS GOVERNING THE EXEMPTION FROM OVERTIME PAY FOR EXECUTIVE,
ADMINISTRATIVE, PROFESSIONAL, OUTSIDE SALES, AND CERTAIN COMPUTER
EMPLOYEES IN EFFECT PRIOR TO SUCH EFFECTIVE DATE, SHALL APPLY TO EMPLOY-
EES EMPLOYED IN THIS STATE AS FOLLOWS:
A. ANY EMPLOYEE WHO WOULD HAVE HAD THE RIGHT TO EARN OVERTIME PAY
UNDER THE FEDERAL REGULATIONS IN EFFECT ON AUGUST TWENTY-SECOND, TWO
THOUSAND FOUR, BUT WHO WOULD LOSE THE RIGHT TO EARN OVERTIME PAY UNDER
THE FEDERAL REGULATIONS IN EFFECT AS OF AUGUST TWENTY-THIRD, TWO THOU-
SAND FOUR, SHALL CONTINUE TO HAVE HIS OR HER ELIGIBILITY FOR OVERTIME
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02569-01-9
A. 396 2
PAY DETERMINED UNDER THE REGULATIONS AS THEY EXISTED ON AUGUST
TWENTY-SECOND, TWO THOUSAND FOUR.
B. THE MINIMUM SALARY AN EMPLOYER MUST PAY AN EMPLOYEE BEFORE THAT
EMPLOYEE CAN LOSE THE RIGHT TO OVERTIME SHALL BE THE SALARY SET FORTH IN
29 CFR 541.600, AS THAT REGULATION WAS IN EFFECT ON AUGUST TWENTY-THIRD,
TWO THOUSAND FOUR, OR AS IT MAY BE AMENDED AT ANY TIME THEREAFTER.
2. THE COMMISSIONER SHALL PROMULGATE ANY RULE OR REGULATION NECESSARY
FOR THE ENFORCEMENT OF THIS SECTION.
S 4. This act shall take effect immediately.