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Assembly Bill A8016B

2013-2014 Legislative Session

Relates to the number of hours employees may work in the hospitality industry

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A8016 - Details

See Senate Version of this Bill:
S5792
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §196-e, Lab L

2013-A8016 - Summary

Relates to the number of hours employees may work in the hospitality industry.

2013-A8016 - Bill Text download pdf 

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

                                  8016

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee 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-A8016A - Details

See Senate Version of this Bill:
S5792
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §196-e, Lab L

2013-A8016A - Summary

Relates to the number of hours employees may work in the hospitality industry.

2013-A8016A - Bill Text download pdf 

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

                                 8016--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee 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.
                                                           LBD11508-06-3

2013-A8016B (ACTIVE) - Details

See Senate Version of this Bill:
S5792
Current Committee:
Assembly Labor
Law Section:
Labor Law
Laws Affected:
Add §196-e, Lab L

2013-A8016B (ACTIVE) - Summary

Relates to the number of hours employees may work in the hospitality industry.

2013-A8016B (ACTIVE) - Bill Text download pdf 

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

                                 8016--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Labor -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Labor in accordance with  Assembly  Rule  3,  sec.  2  --
  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 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.
                                                           LBD11508-08-4

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