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Assembly Bill A396

2009-2010 Legislative Session

Enacts the overtime protection act

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Archive: Last Bill Status - In Assembly Committee

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2009-A396 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add ยง160-a, Lab L

2009-A396 (ACTIVE) - Summary

Enacts the overtime protection act; provides that certain employees shall be deemed qualified to receive pay for any overtime worked.

2009-A396 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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