Assembly Bill A9966

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

                                  9966

                          I N  A S S E M B L Y

                             April 27, 2012
                               ___________

Introduced  by M. of A. DenDEKKER, MENG, GRAF, MONTESANO, ESPINAL, SIMA-
  NOWITZ, BENEDETTO, LANCMAN -- Multi-Sponsored by -- M.  of  A.  NOLAN,
  O'DONNELL,  WEINSTEIN  --  read  once and referred to the Committee on
  Governmental Employees

AN ACT to amend the labor law,  in  relation  to  prohibiting  mandatory
  overtime for certain persons

  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  160-a  to
read as follows:
  S  160-A.  PROHIBITION OF MANDATORY OVERTIME.  1. FOR PURPOSES OF THIS
SECTION, THE TERM "MANDATORY OVERTIME" SHALL MEAN THE PERIOD OF TIME  AN
EMPLOYEE  IS  REQUIRED  TO WORK IN EXCESS OF HIS OR HER REGULARLY ESTAB-
LISHED HOURS OF EMPLOYMENT, AND FOR WHICH SUCH EMPLOYEE FACES  DISCIPLI-
NARY  ACTION  OR TERMINATION FOR HIS OR HER REFUSAL TO WORK IN EXCESS OF
SUCH HOURS.
  2. NO EMPLOYER SHALL REQUIRE AN EMPLOYEE, WHO FIRST BECOMES  A  MEMBER
OF  THE  NEW  YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, THE NEW
YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT SYSTEM AND THE NEW  YORK
STATE  TEACHERS' RETIREMENT SYSTEM ON OR AFTER APRIL FIRST, TWO THOUSAND
TEN, TO WORK MANDATORY OVERTIME IF SUCH EMPLOYEE HAS REACHED HIS OR  HER
OVERTIME  CEILING  AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION FIVE
HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15222-02-2